RRLLB81 (RRLLB81)

IS TEXTUAL INTERPRETATION OF STATUTE MORE USEFUL THAN CONTEXTUAL INTERPRETATION? Background Parliament as organ of the state has authority to pass laws. The laws are debated and formulated under the auspices of Parliament. Since Parliament is the drafter of legislation, one could assume that it would be logical to read the rules in a a piece of legislation in a textual manner to ascertain the intention of the legislature. This is generally referred to as the ‘orthodox’ or ‘text...

IS TEXTUAL INTERPRETATION OF STATUTE MORE USEFUL THAN CONTEXTUAL INTERPRETATION? Background Parliament as organ of the state has authority to pass laws. The laws are debated and formulated under the auspices of Parliament. Since Parliament is the drafter of legislation, one could assume that it would be logical to read the rules in a a piece of legislation in a textual manner to ascertain the intention of the legislature. This is generally referred to as the ‘orthodox’ or ‘text...

THE IMPACT OF THE PRINCIPLE OF MAJORITARIANISM AS PROMOTED BY THE LABOUR RELATIONS ACT 66 OF 1995 ON WORKERS AND MINORITY TRADE UNIONS Background Sections 18 and 23(2) of the Constitution of the Republic of South Africa, 1996 (the Constitution) and sections 4 and 5 of the Labour Relations Act 66 of 1995 (the LRA) provide for and protect the right to freedom of association. The right to freedom of association for workers covers their right to participate in forming trade unions; joinin...

THE IMPACT OF THE PRINCIPLE OF MAJORITARIANISM AS PROMOTED BY THE LABOUR RELATIONS ACT 66 OF 1995 ON WORKERS AND MINORITY TRADE UNIONS Background Sections 18 and 23(2) of the Constitution of the Republic of South Africa, 1996 (the Constitution) and sections 4 and 5 of the Labour Relations Act 66 of 1995 (the LRA) provide for and protect the right to freedom of association. The right to freedom of association for workers covers their right to participate in forming trade unions; joinin...