Other
IOS2601 ASSIGNMENT 1 SEMESTER 1 - 2022 (753780)
- Institution
- University Of South Africa (Unisa)
IOS2601 ASSIGNMENT 1 SEMESTER 1 - 2022 () DUE DATE: 31 MARCH 2022
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
IOS2601 ASSIGNMENT 1SEMESTER 1 - 2022
UNIQUE NUMBER: 753780
DUE DATE: 31 MARCH 2022
, QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation
may be criticized. (5)
Criticism of the text-based (literal) approach to statutory interpretation may be summarised
as follows:
Common-law presumptions are reduced to tertiary aids to be consulted only
if the primary and secondary aids have failed.
Words are regarded as the primary index to legislative intention. The literal
approach is inherently subjective.
The intention of the legislature depends on how clear the text may seem to a
particular interpreter.
The view that legislative texts are clear and unambiguous must be questioned
in view of the existence of disciplines such as statutory interpretation.
This approach leaves little room for the judicial law-making function of the
courts.
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Masters. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now