LJU4801 ASSIGNMENT 1 OF SEMESTER 1
2023 (QUIZ)
UNIQUE CODE: 286194
, QUESTION 1
One of the most popular theories for South African courts (in cases of constitutional
interpretation) is the intentionalist theory. In terms of this theory
a. judges are part of a community of interpreters and this community determines
how judges must decide cases.
b. judges are constrained by the tradition of the legal system within which they
operate.
c. judges discover the law and do not make the law.
d. the basic idea is that, in order to be legitimate, court decisions must give effect to
the autocratic intent of the legislature.
1
2023 (QUIZ)
UNIQUE CODE: 286194
, QUESTION 1
One of the most popular theories for South African courts (in cases of constitutional
interpretation) is the intentionalist theory. In terms of this theory
a. judges are part of a community of interpreters and this community determines
how judges must decide cases.
b. judges are constrained by the tradition of the legal system within which they
operate.
c. judges discover the law and do not make the law.
d. the basic idea is that, in order to be legitimate, court decisions must give effect to
the autocratic intent of the legislature.
1
