Botha: Statutory Interpretation: An Introduction for Students 4th Ed: 2005 Juta

R200.00

Since 1994 the new constitutional order has changed the orthodox and traditional rules of statutory interpretation. There is a new lexicon: plain language drafting and fundamental values; constitutional supremacy and human rights; accountability and transparency. Interpretation of statutes is now principle-driven and value-laden. In this edition of Statutory interpretation – an introduction for students, all these changes are explained with reference to the 1996 constitution. The organisation of the chapters is an attempt to reflect the typical curricula of courses in statutory interpretation at South African law faculties. At first students are introduced to what legislation is, how it takes effect and how it comes to an end. Then the influence of the constitution on interpretation and an overview of the basic methods of interpretation in South Africa are discussed, followed by the ‘nuts-and-bolts’ rules and principles of interpretation. The chapter on the theoretical foundations of statutory interpretation includes a brief discussion of the influence of postmodernism, deconstruction and the Critical Legal Studies movement on the reading and interpretation of texts, while the chapter on constitutional interpretation includes sections on constitutional symbolism and the demands of social justice.

Description

Since 1994 the new constitutional order has changed the orthodox and traditional rules of statutory interpretation. There is a new lexicon: plain language drafting and fundamental values; constitutional supremacy and human rights; accountability and transparency. Interpretation of statutes is now principle-driven and value-laden. In this edition of Statutory interpretation – an introduction for students, all these changes are explained with reference to the 1996 constitution. The organisation of the chapters is an attempt to reflect the typical curricula of courses in statutory interpretation at South African law faculties. At first students are introduced to what legislation is, how it takes effect and how it comes to an end. Then the influence of the constitution on interpretation and an overview of the basic methods of interpretation in South Africa are discussed, followed by the ‘nuts-and-bolts’ rules and principles of interpretation. The chapter on the theoretical foundations of statutory interpretation includes a brief discussion of the influence of postmodernism, deconstruction and the Critical Legal Studies movement on the reading and interpretation of texts, while the chapter on constitutional interpretation includes sections on constitutional symbolism and the demands of social justice.

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