Assignment 01
Introduction
The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true.
The interpretative approach adopted by South African courts pre-1994
Statutory interpretation pre-1994 lacked a single theoretical starting point.
There was no single methodology that was applied to interpret legislation.
Consequently the process of interpreting legislation involved a mixture of theoretical approaches that were often conflicting and inconsistent.
One of the theoretical approaches that were used pre-1994 was the text-based approach. The text-based approach accords the
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This inevitably means that extra-textual factors are being considered before the legislative text is considered in its literal grammatical sense.
The Constitution imposes a single theoretical starting point in interpreting legislation. This was made clear by Ngcobo J in the Bato Star Fishing (Pty) Ltd v
Minister of Environmental Affairs and Tourism 2004 (4) SA 490 (CC):
The Constitution is … the starting point in interpreting any legislation. … first, the interpretation that is placed upon a statute must, where possible, be one that would advance at least an identifiable value enshrined in the
Bill of Rights; and, second, the statute must be capable of such interpretation… The emerging trend in statutory construction is to have regard to the context in which the words occur, even where the words to be construed are clear and unambiguous.
Post 1994 the Constitution is the supreme law of the land consequently it makes demands on the interpretation of legislative text. The Constitution needs to be applied in all courts in interpreting legislation to give effect the concept of the
Constitutional state. However there are still instances where courts use a hybrid
approach in interpreting legislation. For example in Shackleton Credit
Management (Pty) Ltd v Scholtz the court outlined three interpretation approaches: 1. The golden rule (the plain meaning of the text must be followed unless it leads to an absurdity or a result not intended by the legislature);
2.
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
They suggest that living in accordance with these laws will foster success while rebellion against the laws will produce consequences. The ten laws, “ 1) sowing and reaping, 2) responsibility, 3) power, 4) respect, 5) motivation, 6) evaluation, 7) proactively, 8) envy, 9) activity, 10) exposure” (Cloud & Townsend, 1999, p.p. 37-58) define Godly principles of relationships.
631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) .
Policies have a big importance in the setting and as practitioners we are required to adhere to these as they meet the needs of children and families. Healthy eating policy ensures children are getting all the nutrition their body needs; by having a nutritionally balanced menu children will be encouraged to try new things, this will ensure they are eating healthy at nursery if not at home as they have their five a day fruit and vegetables and plenty of water and milk. (Lewis, 2013)
Fortas gave a clear point and cited many cases to support it. For example, Ferrell v. Dallas ISD (1), Pugsley v. Sellmeyer (1),
'[t]he courts no longer approach a statute with scissors in one hand and a dictionary in the other'.
All of these rules must be followed for us to reach our goal as a society. As a society we will all become one together and accomplish many goals in the future. As we look forward to our destiny we wonder how we all have grown as a civilization. As we follow these rules we take the steps of future. As we look ahead we must see how we will
In her famous 1776 letter to her husband, Abigail Adams wrote in regards to the formation of the constitution: “in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors” (how do u cite stuff) However, it would take another 144 years of dedicated, tireless effort in order for women to receive the basic constitutional right of voting. This conversion of women being seen as second-class civilians to becoming full citizens with the power to vote was a monumental political change in our country. Many suffragists of all backgrounds dedicated their lives to see this change occur. These suffragists were fueled by the hope that women would someday be equal to men not only in the eyes of our government, but in the eyes of our society as well. Their efforts transformed women’s suffrage from an improbable and far-fetched dream, into an awe-inspiring reality.
In Chau v DPP (1995) 3 NSWLR 639 ALR 430; 82 A Crim R 339 (CA), Gleeson CJ
Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation
The disclaimer that protects Sierra Nevada Trees Inc. from liability in a claim for consequential damages contained in the purchase order acknowledgement is part of the agreement with Burger Ranch Inc. Burger Ranch Inc. accepted the terms of the offer and there was proper performance by both parties.
By saying the Constitution is the supreme law of Jamaica, this states that it is the most
Dicey AV, Introduction to the Study of the Law of the Constitution, (10th edn, 1959)
The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence
new law is the case of R v. R [1994] 4 All ER 48 decided in the House