TRY ME!
International Treaty Drafting Discussions
Summary
Travaux Preparatoires are discussions during the drafting of international treaties and constitutions, crucial for understanding legislative intent. The Interpretation Act 33 of 1957 defines legislation as laws, proclamations, ordinances, acts, by-laws, rules, regulations, or orders. The Critical Legal Studies Movement critiques liberalisms failure to address social issues. South African common law is Roman-Dutch law. The eiusdem generis rule applies when theres a common quality among items. Repeal is the process of deleting legislation. Englands textual approach stems from its common-law tradition. Section 16A of the Interpretation Act empowers the President to issue proclamations. Common law rules are not legislation. In Soobramoney v Minister of Health, the constitutional right to life doesnt obligate the state to keep terminally ill patients alive. The text-based approach to statutory interpretation is criticized for reducing common-law presumptions to a last resort.Full Conversation
According to sections * and * (read together) of the Interpretation Act * of *, legislation consists of:
a.
Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, and any other enactment having the force of law
b.
Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law
c.
Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, advertisements and any other enactment having the force of law
d.
Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, Green and White papers, and any other enactment having the force of law
The correct answer according to sections * and * (read together) of the Interpretation Act * of * is:
b. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law.
b. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law.
What is the reason for the origins of Critical Legal Studies Movement?
a.
Inability of liberalism to solve social problems such as poverty, racism, pluralism and oppression
b.
Reaction against the jurisprudence of interpreting legislation
c.
Inability of liberalists to provide alternative programmes to social problems, such as poverty, racism, pluralism and oppression
d.
Reaction against structuralism argument that the meaning of language can be ascertained and pinned down from its grammatical structure
The reason for the origins of the Critical Legal Studies Movement is:
a. Inability of liberalism to solve social problems such as poverty, racism, pluralism, and oppression.
The movement emerged as a critique of traditional legal approaches and aimed to address these social issues.
a. Inability of liberalism to solve social problems such as poverty, racism, pluralism, and oppression.
The movement emerged as a critique of traditional legal approaches and aimed to address these social issues.
The South African common law is known as ?
a.
Latin law
b.
Roman-Dutch law
c.
Roman law
d.
English-Dutch law
Case Rating: *
The South African common law is known as "b. Roman-Dutch law." Let me know if you have more questions or need further assistance!
The South African common law is known as "b. Roman-Dutch law." Let me know if you have more questions or need further assistance!
The eiusdem generis rule can be applied where_____________
a.
The order in which the words appear is of high importance.
b.
There is a common quality or common denominator.
c.
The legislature's intention does not support restrictive interpretation.
d.
The specific words have already exhausted the genus.
Case Rating: *
The correct answer is b. The eiusdem generis rule can be applied where there is a common quality or common denominator among the listed items. This rule is used in statutory interpretation to limit the meaning of general words to the same class as the specific words listed before them. If you have more questions, feel free to ask!
The correct answer is b. The eiusdem generis rule can be applied where there is a common quality or common denominator among the listed items. This rule is used in statutory interpretation to limit the meaning of general words to the same class as the specific words listed before them. If you have more questions, feel free to ask!
The process whereby legislation is deleted refers to?
a.
Promulgation.
b.
Repeal.
c.
Assent.
d.
Deletion.
Case Rating: *
The process whereby legislation is deleted is referred to as "b. Repeal." If you have any more questions or need further assistance, feel free to ask!
The process whereby legislation is deleted is referred to as "b. Repeal." If you have any more questions or need further assistance, feel free to ask!
Choose one from the following which is a factor that led to the adoption of the textual approach in England.
a.
Because English law is so clear that only one final interpretation is possible.
b.
The textual approach in England is adopted as a last resort, the contextual approach is considered first in this regard.
c.
As a result of Roman-Dutch Law in England.
d.
The common-law tradition of England, in which the courts have traditionally played a very creative role regarding the common-law principles. Legislation was viewed as the exception to the rule, altering the traditional common law as little as possible.
Case Rating: *
The correct answer is d. The common-law tradition of England, in which the courts have traditionally played a very creative role regarding the common-law principles. Legislation was viewed as the exception to the rule, altering the traditional common law as little as possible. This led to the adoption of the textual approach in England.
The correct answer is d. The common-law tradition of England, in which the courts have traditionally played a very creative role regarding the common-law principles. Legislation was viewed as the exception to the rule, altering the traditional common law as little as possible. This led to the adoption of the textual approach in England.
Which Section of the Interpretation Act * of * empowers the President the powers to issue a proclamation to prescribe alternative procedures for the proclamation of legislation?
a.
Section 16C.
b.
Section 16A.
c.
Section *.
d.
Section *(*).
Case Rating: *
The section of the Interpretation Act * of * that empowers the President to issue a proclamation to prescribe alternative procedures for the proclamation of legislation is:
b. Section 16A.
If you have any more questions or need further clarification, feel free to ask!
The section of the Interpretation Act * of * that empowers the President to issue a proclamation to prescribe alternative procedures for the proclamation of legislation is:
b. Section 16A.
If you have any more questions or need further clarification, feel free to ask!
Which of the following cannot be classified as legislation?
a.
Subordinate legislation made in terms of an act of parliament.
b.
Subordinate legislation made in terms of a provincial act.
c.
Common law rules.
d.
Act of Parliament.
Case Rating: *
The correct answer is c. Common law rules. Common law is developed by judges through court decisions and is not considered legislation, which is formally enacted by a legislative body. If you have any further questions, feel free to ask!
The correct answer is c. Common law rules. Common law is developed by judges through court decisions and is not considered legislation, which is formally enacted by a legislative body. If you have any further questions, feel free to ask!
In_______________________ it was decided that Constitutional right to life does not mean that the state has a duty to keep all terminal ill patients alive.
a.
Govender v Minister of Safety and Security * (*) SA *
b.
Soobramoney v Minister if Health, Kwazulu-Natal * (*) SA * (CC)
c.
S v Makwanyane and Another (CCT3/*) [*] ZACC *
d.
Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters * (*) SA * (CC).
Case Rating: *
The correct answer is:
b. Soobramoney v Minister of Health, Kwazulu-Natal * (*) SA * (CC)
This case involved the interpretation of the constitutional right to life in the context of medical treatment for terminally ill patients. If you have any more questions or need further assistance, feel free to ask!
The correct answer is:
b. Soobramoney v Minister of Health, Kwazulu-Natal * (*) SA * (CC)
This case involved the interpretation of the constitutional right to life in the context of medical treatment for terminally ill patients. If you have any more questions or need further assistance, feel free to ask!
One of the criticism of the text-based (literal) approach to statutory interpretation is that:
a.
That the context of words and their etymology is seldom respected.
b.
Words are not regarded as the primary index to legislative meaning.
c.
In the first instance, the denotive role of the common-law presumptions during the interpretation process is reduced to a mere speculative aspect.
d.
In the first instance, the normative role of the common-law presumptions during the interpretation process is reduced to a mere ‘last resort’, to be applied only if the legislative text is ambiguous.
Case Rating: *
The criticism of the text-based (literal) approach to statutory interpretation is:
d. In the first instance, the normative role of the common-law presumptions during the interpretation process is reduced to a mere ‘last resort’, to be applied only if the legislative text is ambiguous.
If you have more questions, feel free to ask!
The criticism of the text-based (literal) approach to statutory interpretation is:
d. In the first instance, the normative role of the common-law presumptions during the interpretation process is reduced to a mere ‘last resort’, to be applied only if the legislative text is ambiguous.
If you have more questions, feel free to ask!
Start a new chat