Statutory interpretation technique
STATUTORY INTERPRETATION 863
Since statutory interpretation is a purposive activity, this presumption constitutes its very essence. The foundation of this presumption is an acknowledgement that legislation has a functional purpose and object, (it must be interpreted purposively).
[DOC File]PART I: LEGISLATION - HLS Orgs
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“According to Botha the debate between the purposive and the textual approaches to statutory interpretation took an interesting turn when it came to the issue of statutory compliance. While the courts generally adopted a textual approach, they openly embraced a purposive approach when called upon to decide whether a statutory provision should ...
[DOC File]Statutory interpretive techniques under the Charter
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Statutory Interpretation Technique. Clear statement rule—court requires legislatures to speak w/unambiguous clarity before assuming that a particular statutory meaning is contemplated (if it would raise a constitutional question) Constitutional avoidance cannon—right to travel part of liberty of which citizen can’t be denied w/o due process
[DOC File]Legislation and Regulation Outline - HLS Orgs
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One real advantage is that there is no need to concentrate too heavily on memorizing statutory provisions whilst revising. It leaves you more time to consider the application and interpretation, rather than having to waste time on the regurgitation of particular provisions.
[DOC File]INTERPRETATION OF STATUTES
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The meaning arrived at by the ordinary principles of statutory interpretation is compatible with human rights and there is no need for any further task of interpretation. Step 3. If step 2 reveals that the legislation restricts or limits a relevant right, ascertain whether the limitation is nevertheless justified by reference to s 7(2), just as ...
[DOCX File]Unisa Study Notes
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Purpose has increasingly become the touchstone for working out the meaning of an Act in common law statutory interpretation in the past 20 or so years. This is recognized in a number of Commonwealth interpretation laws: for example, in Australia (Acts Interpretation Act 1901, s …
[DOC File]Welcome to Commonwealth Association of Legislative …
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Statutory Controls on Agency Action. An Introduction to Statutory Interpretation 42. Theories of Interpretation (intentionalism, textualism, pragmatism) 42. Exemplary Cases (Holy Trinity, Weber) 44. The Administrative Procedure Act (APA): Types of Procedures 46. The Basics: The Structure of the APA and the Procederal Categories (Lond’r, Bi-M.) 46
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