The value-laden (teleological) dimension: Flashcards
The ghost in the machine (12 cards)
What is the “value-based” (teleological) approach to statutory interpretation?
It means interpreting laws with the Constitution’s values (like dignity, equality, and freedom) in mind—not just the literal words.
What is the value-laden, aka teleological dimension, all about?
This whole section is about moving from old-school, mechanical legal interpretation to a modern, values-driven, Constitution-centered approach. Think of it as the law finally getting a soul.
What mindset did many South African lawyers have before 1994?
A legal positivist mindset—focused on plain meaning, Parliamentary supremacy, and formal rules, without considering values.
What are some core values in the South African Constitution?
Freedom, equality, human dignity, openness, non-racism, transparency, and good governance.
What does Section 39(2) of the Constitution require?
That all laws must be interpreted in a way that promotes the spirit, purport, and objects of the Bill of Rights.
What mistake did the Winckler v Minister of Correctional Services case repeat?
It stuck to the outdated idea that plain language shows Parliament’s intent, ignoring the Constitution.
What risks do we face if we ignore constitutional values?
A return to the old legal system based on Parliament’s supremacy, formalism, and injustice.
What is ubuntu?
It is an African idea about being kind, fair, and respectful to others. It’s about:
Being compassionate
Respecting human dignity
Living together peacefully as a community
motho ke motho ka batho
How did the Constitutional Court describe ubuntu in S v Makwanyane?
As a concept of personhood and morality, stressing dignity, compassion, and respect—a move from confrontation to conciliation.
Why is ubuntu still important in legal interpretation?
It supports values like human dignity and acts as a bridge between African communal traditions and Western individual rights.
How can ubuntu be used in legal reasoning?
As an extra-textual aid to interpret laws in a way that aligns with human dignity, morality, and social harmony.
Which case aligned with the constitution?
Ngxuza v Dept of Welfare
