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 ... WebAll interpretation is contextual, but some is more contextual than others. In principle, the interpretation of statutes should require less context than the interpretation of contracts. …
Reading down statutory interpretation
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WebRegardless of their interpretive theory, judges use a lot of the same tools to gather evidence of statutory meaning, as followed: Judges often begin by looking at the ordinary meaning … WebStatutory Interpretation: An Introduction for Stude. nts 5. th. ed (2012) (Juta) Recommended Additional Reading: LM Du Plessis . Re-Interpretation of Statutes (2002) (Butterworths) GE Devenish . The Interpretation of Statutes (1992) (Juta) Kellaway . Principles of Legal Interpretation(1995) (Butterworths) 5 Lecture and Tutorial attendance
WebIt is a cardinal principle of statutory interpretation that the court must first look to the plain meaning of the statutory text. Connecticut Nat. Bank v. GermainSee, 503 U.S. 249, 253-54 (1992) (“[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there”); United States v.
WebAug 28, 2024 · The book concludes with a section exposing 13 “falsities” of interpretation, such as the idea that the “spirit” of the law can prevail over its text or that legislative … WebJun 5, 2024 · It is now a prominent rule of statutory interpretation that there is an assumption that an interpretation that abrogates or curtails fundamental rights or …
Web🖳 Extrinsic Materials in Statutory Interpretation. This covers - o Acts Interpretation Act, 1901 (Cth) s 15 AB o Interpretation of Legislation Act 1984 (Vic) s. 35(b) o Re Bolton: ex parte Beane (1987) o Nominal Defendant v GLG Australia Pty Ltd (2006) o Re Shingles and Director-General of Social Security (1984)
Webconception of constitutional law and interpretation, and downplaying the significance of contingencies of form, language, structure, and history in constitutional argument. I. Introduction Mainstream accounts of constitutional interpretation take it to be a special case of legislative interpretation. It is a special case because constitutions ... howdens price list 2020WebAs 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 … howdens price list 2020 pdfWebSep 24, 2014 · When reading statutory text, the Supreme Court uses content-neutral canons developed by the judiciary that focus on word usage, grammar, syntax and the like. … howdens price list pdfWebFeb 13, 2024 · “The present state of the law can be expressed as follows: Interpretation is the process of attributing meaning to the words used in a document, be it legislation, … how many rockets to break windmillWebThe 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 … howdens price increase 2022WebFeb 13, 2024 · “The present state of the law can be expressed as follows: Interpretation is the process of attributing meaning to the words used in a document, be it legislation, some other statutory instrument, or contract, having regard to the context provided by reading the particular provision or provisions in the light of the document as a whole and the … how many rockets to break stone wallhttp://www.statutelawsociety.co.uk/wp-content/uploads/2014/01/HRA_s3_-_Jan_van_Zyl_Smit.pdf how many rockets to break stone wall rust