LJU4801 Assignment 2 Complete Answers Study Guide
2025/2026 || Verified Solutions and Correct Explanations
Description:
LJU4801 Assignment 2 updated resource for 2025/2026. Includes complete verified answers
covering legal practice and interpretation concepts.
Keywords:
LJU4801 assignment 2 answers
law exam prep 2025
LJU4801 study guide
LJU4801 verified solutions
LJU4801 complete answers
Section 1: Foundational Concepts & Basic Principles
1. What is the primary objective of statutory interpretation?
Answer: The primary objective is to ascertain the intention of the legislature as expressed in the
text of the statute, within the context of the Constitution.
2. What is the difference between a "text-based" and a "purpose-based" approach to
interpretation?
Answer: A text-based approach focuses primarily on the ordinary meaning of the words in the
,statute, while a purpose-based approach seeks to give effect to the spirit, purpose, and object of
the Act.
3. Define the "literal rule" of interpretation.
Answer: The literal rule dictates that words in a statute must be given their plain, ordinary, and
grammatical meaning, regardless of whether the result is sensible or not.
4. Define the "golden rule" of interpretation.
Answer: The golden rule is a modification of the literal rule. It allows a court to depart from the
literal meaning of words if that meaning leads to an absurdity, repugnance, or inconsistency. The
court will then adopt a meaning that avoids such a result.
5. What is the "mischief rule" as established in Heydon's Case?
Answer: The mischief rule requires the interpreter to consider four things: what the common law
was before the Act, what the mischief or defect was that the common law did not provide for,
what remedy Parliament resolved to provide, and the true reason for the remedy.
6. How does the South African Constitution fundamentally change statutory
interpretation?
Answer: The Constitution is the supreme law, and any interpretation of legislation must be
consistent with it. This mandates a value-based, purposive approach, moving away from strict
textualism.
7. What is the role of the Bill of Rights in interpreting legislation?
Answer: Section 39(2) of the Constitution obliges every court, tribunal, or forum to promote the
spirit, purport, and objects of the Bill of Rights when interpreting any legislation.
, 8. What is the "vague standard" criticism of the purposive approach?
Answer: Critics argue that the purposive approach can be too subjective, as it relies on judges
determining a statute's purpose, which can lead to legal uncertainty.
9. Name the two main aspects of the principle of legality.
Answer: (1) Parliament must use clear and unambiguous language to alter fundamental
common-law rights or principles. (2) All legislation and government conduct must be consistent
with the foundational values of the Constitution.
10. What is the difference between "legislative text" and "legislative context"?
Answer: Legislative text refers to the actual words used in the statute. Legislative context
includes the surrounding circumstances, the purpose of the Act, and the constitutional values that
inform its meaning.
Section 2: The Modern Constitutional Approach & Section 39
11. Which section of the Constitution is central to the modern approach to interpretation?
Answer: Section 39(2) is central, as it mandates a purposive interpretation that promotes the Bill
of Rights.
12. According to Bato Star Fishing v Minister of Environmental Affairs, what is the "single
enquiry" in interpretation?
Answer: The court held that the interpretive process is a "single stage" enquiry where the text,
context, and purpose (including constitutional values) are considered simultaneously, not
sequentially.
2025/2026 || Verified Solutions and Correct Explanations
Description:
LJU4801 Assignment 2 updated resource for 2025/2026. Includes complete verified answers
covering legal practice and interpretation concepts.
Keywords:
LJU4801 assignment 2 answers
law exam prep 2025
LJU4801 study guide
LJU4801 verified solutions
LJU4801 complete answers
Section 1: Foundational Concepts & Basic Principles
1. What is the primary objective of statutory interpretation?
Answer: The primary objective is to ascertain the intention of the legislature as expressed in the
text of the statute, within the context of the Constitution.
2. What is the difference between a "text-based" and a "purpose-based" approach to
interpretation?
Answer: A text-based approach focuses primarily on the ordinary meaning of the words in the
,statute, while a purpose-based approach seeks to give effect to the spirit, purpose, and object of
the Act.
3. Define the "literal rule" of interpretation.
Answer: The literal rule dictates that words in a statute must be given their plain, ordinary, and
grammatical meaning, regardless of whether the result is sensible or not.
4. Define the "golden rule" of interpretation.
Answer: The golden rule is a modification of the literal rule. It allows a court to depart from the
literal meaning of words if that meaning leads to an absurdity, repugnance, or inconsistency. The
court will then adopt a meaning that avoids such a result.
5. What is the "mischief rule" as established in Heydon's Case?
Answer: The mischief rule requires the interpreter to consider four things: what the common law
was before the Act, what the mischief or defect was that the common law did not provide for,
what remedy Parliament resolved to provide, and the true reason for the remedy.
6. How does the South African Constitution fundamentally change statutory
interpretation?
Answer: The Constitution is the supreme law, and any interpretation of legislation must be
consistent with it. This mandates a value-based, purposive approach, moving away from strict
textualism.
7. What is the role of the Bill of Rights in interpreting legislation?
Answer: Section 39(2) of the Constitution obliges every court, tribunal, or forum to promote the
spirit, purport, and objects of the Bill of Rights when interpreting any legislation.
, 8. What is the "vague standard" criticism of the purposive approach?
Answer: Critics argue that the purposive approach can be too subjective, as it relies on judges
determining a statute's purpose, which can lead to legal uncertainty.
9. Name the two main aspects of the principle of legality.
Answer: (1) Parliament must use clear and unambiguous language to alter fundamental
common-law rights or principles. (2) All legislation and government conduct must be consistent
with the foundational values of the Constitution.
10. What is the difference between "legislative text" and "legislative context"?
Answer: Legislative text refers to the actual words used in the statute. Legislative context
includes the surrounding circumstances, the purpose of the Act, and the constitutional values that
inform its meaning.
Section 2: The Modern Constitutional Approach & Section 39
11. Which section of the Constitution is central to the modern approach to interpretation?
Answer: Section 39(2) is central, as it mandates a purposive interpretation that promotes the Bill
of Rights.
12. According to Bato Star Fishing v Minister of Environmental Affairs, what is the "single
enquiry" in interpretation?
Answer: The court held that the interpretive process is a "single stage" enquiry where the text,
context, and purpose (including constitutional values) are considered simultaneously, not
sequentially.
