Statutory Interpretation
NOTES
Interpretation of Statutes IOS201-6
1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case, as well as the context of legislation; the courts are not of one mind when it comes to the application of certain rules, resulting in no clear predictable pattern of application 1 the law is not objective, neutral and value-free: all interpreters have a particular frame of mind which will influence their understanding of legislation; since the spirit and aim of the fundamental rights in the Constitution must be promoted, interpretation necessarily involves value-judgements; Poor drafting, conflicting provisions or a lack of resources to research the current law. Two different meanings of the phrase “interpretation of statutes” Before 1994 and the Constitution, interpretation of statutes was an orthodox system of maxims and rules for interpretation based on parliamentary sovereignty. Today interpretation is based on constitutional supremacy and the spirit and purport of fundamental rights are to be taken into account and thus value judgment can no longer be ignored. According to Devenish: courts will be able to test and invalidate legislation; all statute law will have to be interpreted to be compatible with letter and spirit of Constitution; a value-coherent theory of interpretation should become prevalent; a justiciable bill of rights is likely to indicate a new methodology and theory of interpretation. Interpretation of statutes transformed by six provisions of the Constitution:
Section 1 Section 2 Section 7 The foundational provision Supremacy of the Constitution The
Interpretation of Statutes IOS201-6
1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case, as well as the context of legislation; the courts are not of one mind when it comes to the application of certain rules, resulting in no clear predictable pattern of application 1 the law is not objective, neutral and value-free: all interpreters have a particular frame of mind which will influence their understanding of legislation; since the spirit and aim of the fundamental rights in the Constitution must be promoted, interpretation necessarily involves value-judgements; Poor drafting, conflicting provisions or a lack of resources to research the current law. Two different meanings of the phrase “interpretation of statutes” Before 1994 and the Constitution, interpretation of statutes was an orthodox system of maxims and rules for interpretation based on parliamentary sovereignty. Today interpretation is based on constitutional supremacy and the spirit and purport of fundamental rights are to be taken into account and thus value judgment can no longer be ignored. According to Devenish: courts will be able to test and invalidate legislation; all statute law will have to be interpreted to be compatible with letter and spirit of Constitution; a value-coherent theory of interpretation should become prevalent; a justiciable bill of rights is likely to indicate a new methodology and theory of interpretation. Interpretation of statutes transformed by six provisions of the Constitution:
Section 1 Section 2 Section 7 The foundational provision Supremacy of the Constitution The