IOS2601 ASSIGNMENT 1 MEMO - SEMESTER 1 2022 - UNISA
ASSIGNMENT 01
UNIQUE NUMBER:
DUE DATE: 31MARCH2022(EXTENDED) QUESTION 1
1.1LIST the main grounds(at least five)on which the textualist approach to interpretation maybe criticized. (5)
1.2 DEFINE what interpretation by implication mea...
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be criticized.
(5)
1.2 DEFINE what interpretation by implication means and then LIST the five (5) main grounds of extension by
implication. (7)
1.3 NAME five (5) generally accepted methods of constitutional interpretation. (5) 1.4 DEFINE what the term
‘law’ means as it is used in the interpretation Act 33 of 1957. (3)
1.5 LIST six (6) factors that supports judicial law making.
QUESTION 2
Continues…
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QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be
criticized. (5)
This approach was followed prior to 1994. Here the golden rule was followed and there was parliamentary
soverncy. The most important aspect when interpreting was the intention of the legislature (parliament).
The courts had NO law-making function, they could only read the words and apply them.
In Union Government v Mack the textual approach was critised as follows:
1. Common law presumptions are used as a last resort
2. The narrow approach (words are given their ordinary meaning) was regarded as the primary index
3. Internal and External aids were ignored
4. The intention of the legislature is dependent on how clear the language used in the text is to the
particular court
5. Few texts are so clear that only one interpretation is possible
The textual approach left little room for judicial law making or the existence of judicial discretion.
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