Transcription of Interpretation of Statutes Exam Notes
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Interpretation of Statutes Exam Notes
Interpretation of Statutes Exam Notes By Nigel T. Sithole- 071 039 7526. Section A: Introduction Chapter 1. Overview of Chapter What is the Interpretation of Statutes ? CONCEPT KEYPOINTS. Definition Also known as the Juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the meaning of legislative provisions to be applied in practical situations. However it is not as simple as using a dictionary to get meanings of ambiguous or vague words. It requires more than mere reading of provisions, it is not a mechanical exercise with predetermined formulas. How its done Technical aspects, like the structure and language rules must be applied in conjunction with substantive aspects like constitutional values and fundamental rights. What to keep in mind Provision must be read, applied and understood within the framework of the supreme constitution and the Bill of rights, What is the impact of other legislation (PAIA, PAJA, etc), the current standing effect of the legislation in question, read the provision with the act as a whole, what is the context of the legislative text, use of external aids, Legalese It refers to the perplexing and specialized language used by lawyers in legal documents, incomprehensible to the non-lawyer.
Interpretation of Statutes Exam Notes By Nigel T. Sithole- 071 039 7526 . Section A: Introduction Chapter 1 . Overview of Chapter . 1.1 What is the Interpretation of Statutes? CONCEPT KEYPOINTS Definition Also known as the Juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the
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