The language Dimension Flashcards
(17 cards)
What are the basic principles of the language dimension?
(a) The initial meaning of the text
(b) Every word is important
(c) No addition or subtraction
d) The continuing time-frame of legislation: the law is always speaking
What is it meant by the initial meaning of the text?
The reading of the text is necessary,
But, as has been pointed out, the legislation as a whole and its context play an equally important role in the interpretation process.
What was said in the case of Union Government v Mack?
The interpretation process begins with the reading of the legislation concerned. The ordinary meaning must be attached to the words.
What is no longer acceptable in statutory interpretation?
A purely text-based approach.
What must be considered along with the wording of the law?
The context and purpose of the legislation.
What is the first step in interpreting a statute?
Reading the law and giving words their ordinary meaning.
Which case said the interpretation starts with ordinary meaning?
Union Government v Mack.
What did Volschenk v Volschenk (1946) say about interpretation?
The literal meaning is the most important.
What did Association of Amusement… v Minister of Justice (1980) define as “ordinary meaning”?
Everyday conversational (colloquial) speech.
What is meant by the principle of “Every word is important”
When reading laws, we should not treat any word or sentence as unnecessary or extra.
What case supports giving meaning to every word?
Keyter v Minister of Agriculture (1908).
What is “ex abundanti cautela”
Latin term meaning extra caution — adding repeated or overlapping words just to be safe.
What does Steyn sets out?
If words help clarify the meaning of the words then they should be read all together with as the whole to maintain the meaning.
What does the principle of no addition or subtraction mean?
It is a basic rule of interpretation that there may be no additions to or subtractions from the words used in the legislation. This is a default setting, based on the separation
of the powers principle.
What is meant by the principle of: The continuing time frame of legislation: the law is always speaking
Should we use the original meaning from when the law was made, or Should we interpret the words using their present-day meaning?
Which case states that we should interpret the law using the original meaning of when the law was written?
Finbro Furnishers (Pty) Ltd v Registrar of Deeds,
What was decided in Nyaamakazi v President of Bophuthatswana?
The judge said laws should be interpreted according to the circumstances at the time the case is heard, not when the law was written. That way, legal interpretation can keep up with society’s growth and change.
