Reading down statutory interpretation
Webencapsulates the basis of this thesis, which is poised at the crossroads of statutory interpretation and constitutional law. It is significant for two reasons: Firstly, it elucidates the effect of the impact of the Constitution9 on the process of statutory interpretation;10 and 5 Botha Statutory Interpretation (2nd edition) at 50. Botha has ... WebConstitutional interpretation is usually considered a special case of legislative interpretation − special because constitutions have peculiar characteristics, yet still a case of legislative …
Reading down statutory interpretation
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WebStatutory interpretation is the process where courts interpret and apply legislation; also known as statutory construction. Although sometimes the words of a statute may have a plain meaning; in many cases there may be some level of ambiguity in the words of the statute that must be resolved by a judge .To find the true meanings of statutes ... WebFeb 4, 2024 · Scholars have identified 187 different canons of statutory construction in the opinions of the Supreme Court under Chief Justices Rehnquist and Roberts. 5. By that …
WebFeb 9, 2024 · List and briefly discuss the requirements which were laid down in National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), before reading-in or severance could take place. Ms 3. Explain the terms “reading-down”, “reading-in” and “severance”. 4. WebThe techniques of construction known as reading down and severance are corollaries of this presumption. Reading down puts into operation the principle that so far as it is reasonably possible to do so, legislation should be construed as being within power.
Web2 interpretation and “ordinary” statutory interpretation: Section 39(2) of the Constitution = prescribes the filtering of legislation through the fundamental rights during the ordinary interpretation process. ... (ie ‘reading-down’). These provisions have not been repeated in the Constitution of 1996, but the principle that courts ... WebAug 31, 2024 · Statutory interpretation is an academic field unto itself. To understand a statute, you need to understand some of the basics. Courts use various principles (called …
WebThe rules of statutory interpretation were analysed by Professor John Willis in his influential article “Statutory Interpretation in a Nutshell” (1938). He suggested that: ‘a court invokes whichever of the rules produces a result that satisfies its sense of justice in the case before it.
http://classic.austlii.edu.au/au/journals/MelbULawRw/2014/3.html how much potassium in raw broccoliWebAug 31, 2024 · The first step to understanding any statute is to slow down and read every word carefully. Cross-references matter. If the statute you are reading cross-references another statute, you need to read that statute as well. The statute being cross-referenced could include an important exception to the law, as just one example. how much potassium in red bell pepperWebAs there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law's literal wording. Opponents of the … how much potassium in red bell peppershttp://www.saflii.org/za/cases/ZACC/2024/40.rtf how much potassium in red cherriesWebone reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. In the US, this canon has grown stronger in recent history. The … how do lesson plans help teachersWebMar 24, 2024 · The reading down met the policy and legislative aims of the HFEA which “sought to provide a comprehensive legal framework for those undertaking assisted conception, with the aim of securing the rights of any child born as a result” [95]. how do level balls workWebReading down – This principle states that if unconstitutional legislation can re-main constitutional by a restricted interpretation, courts may apply such arestricted interpretation. Reading in – In exceptional circumstances the court will read something into aprovision in order to rescue a provision or part of it. how do letter of credits work