1) INTRODUCTION: The enactment of both interim and final Constitutions 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) BCLR 969 ( C ) at 985 is TRUE. 2) THE INTERPRETATIVE APPROACH ADOPTED BY SOUTH AFRICAN COURTS PRE- 1994: Before 1994 South Africa was a country based on Apartheid rules and regulations. The Parliament was the highest legislative body and it interpreted laws as it pleased, mostly in
by use of delegated legislation. Judges use these acts to judge cases and apply it in court. However, nowadays, judges do not only apply these acts, but are also able to ‘make law’ themselves by using the doctrine of judicial precedent and statutory interpretation. The doctrine of judicial precedent is the process whereby a judge stands by what has previously been decided in similar cases (Stare Decisis). When a judge makes a statement of law in a case, this statement becomes binding and will be a
Statutory interpretation is a procedure executed by judges when understanding an Act of Parliament, which transpires when they are confronted with new components of legislation including definitions which are not distinctly conveyed. The courts retain the responsibility when the implications of that statute are ambiguous to ascertain Parliaments objectives on how the law should be applied. This essay will examine the approaches and methodical rules which direct judges in the interpretation of statutes
Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short
There are two processes that have to be implemented before making a new law, the pre-legislative process and the legislative process. The pre-legislative process is when the bill is introduced, at this point it 's not called a bill and can be referred to as tera nulus. It can derive from a political party 's manifesto and Queens speech. It will go through consultation, where it is taken to specialists and the document is debated and suggestions are made. Once the feedback has been provided and goes
Act (CFAA) does not cover cyberbullying done via social networking websites and should not be used to prosecute it. Application of the CFAA to cyberbullying prosecutions is inconsistent with the intended scope of the statute and the existing interpretations of its provisions. Practically speaking, nothing in the history of the CFAA suggests that Congress envisioned a cyberbullying prosecution under the statute. The CFAA itself was developed in response to the emerging problems of cybercrime. Mail
‘enabling’ act a framework of the law-making powers. Two types of DL exist, statutory instruments (Sis) of which there are five forms, regulations the most common and by-laws made by a local authority or statutory body such as Rail Track. Detailed law can be made in this way with the assistance of people with more expertise and knowledge, parliamentary time is saved and legislation can be changed more quickly without introducing a new act of parliament. 1b. Provide one example of delegated legislation
law, is the procedure whereby the judicial decision of the court at the higher level of the judicial hierarchy is bind and follow by the lower court within the hierarchy. Therefore, the doctrine of precedent is the law made by judge. Whereas the statutory or the legislation is the source of law that come from the enactment of the parliaments. This essay concurs with Justice Kirby’s statement that with the increasing in number and importance of the statute law, the precedent has less impact on daily
analysis of relevant case laws in this regard. The initial part would discuss the basic principle of Ex Visceribus Actus, further proceeding towards the treatment accorded to reference of earlier as well as subsequent statutes in the course of interpretation. Finally, the significance of the entire discussion would be summarised in the concluding part of the paper. I. Statute to be interpreted as a whole “Words, therefore, derive colour from those which surround them” In the exposition of statutes
outlining any new ideas. Draftsmen will then use white paper to write the bill. It will then end up if passed with Royal Assent, when it will then become an act. Delegated legislation is made out of the parliament by people who are not members of parliament, this is however controlled by parliament and the judicial service, the judges can say that delegated legislation is ultra vires, which means ‘beyond powers’ this would then become void. Delegated legislation types are statutory instruments