IOS2601: INTERPRETATION OF STATUTES
NAME : XXXXXXXXXXXXXXXX
STUDENT NUMBER : XXXXXXXXXXXXXXXX
SUBJECT : INTERPRETATION OF STATUTES
MODULE CODE : IOS2601
, DUE DATE: 31 MARCH 2022
SEMESTER : ONE
Question 1
1.1. Criticism of the text-based approach to statutory interpretation are the
following:
a. 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.
b. Another point of criticism of this narrow approach is that words are regarded as the
primary index to legislative meaning.
c. Other important internal and external and external aids to interpretation, which could
be applied to establish the meaning of text – in- context, are ignored.
d. The intention of the legislature is ultimately dependent on how clear the language
used in the legislation may be to be particular court.
e. The text- based approach leaves very little room for judicial law-making, and the
courts are seen as mere mechanical interpreters of the law.
1 .2. Interpretation by implication involves extending the textual meaning on the ground
of a reasonable and essential implication which is evident from legislation. This means
express provisions are therefore extended by implied provisions.
The five main grounds of extension by implication are:
1. Ex contrariis
2. Ex consequentibus
3. Ex accessorio eius de quo verba loquuntur
4. Anatura ipsius rei
NAME : XXXXXXXXXXXXXXXX
STUDENT NUMBER : XXXXXXXXXXXXXXXX
SUBJECT : INTERPRETATION OF STATUTES
MODULE CODE : IOS2601
, DUE DATE: 31 MARCH 2022
SEMESTER : ONE
Question 1
1.1. Criticism of the text-based approach to statutory interpretation are the
following:
a. 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.
b. Another point of criticism of this narrow approach is that words are regarded as the
primary index to legislative meaning.
c. Other important internal and external and external aids to interpretation, which could
be applied to establish the meaning of text – in- context, are ignored.
d. The intention of the legislature is ultimately dependent on how clear the language
used in the legislation may be to be particular court.
e. The text- based approach leaves very little room for judicial law-making, and the
courts are seen as mere mechanical interpreters of the law.
1 .2. Interpretation by implication involves extending the textual meaning on the ground
of a reasonable and essential implication which is evident from legislation. This means
express provisions are therefore extended by implied provisions.
The five main grounds of extension by implication are:
1. Ex contrariis
2. Ex consequentibus
3. Ex accessorio eius de quo verba loquuntur
4. Anatura ipsius rei
