EDL3703
EDUCATION
LAW
ASSIGNMENT 01 SOLUTIONS
SEMESTER 1 2022
, QUESTION 1
Briefly explain what needs to be taken into consideration in the interpretation of the
Constitution and legislation when looking at education law issues. (5)
Some of the sections (namely ss 1, 2, 8 & 39) of the Constitution that have tansformed our
interpretation of legislation or statutes. A number of basic principles that needs to be
taken into consideration in the interpretation of the Constitution and legislation when
looking at education law issues are;
a) The supreme Constitution must be given a purposive interpretation.
Therefore constitutional interpretation do not constitute a close set of hard and fast rules.
Constitutional interpretation is an inherently flexible process.
b) During the interpretation of the Constitution, its spirit and purport must be promoted.
Section 39(2) states that in interpreting any legislation, the interpreter must promote the
spirit, purport and object of the Bill of Rights
c) A provision in the Constitution cannot be interpreted in isolation, but must be read
in the context as a whole.
Thus, the Bill cannot be read in isolation. Its content must be viewed as integrated within
its existential context in the Constitution
d) The language of the Constitution must be respected
Various contextual factors are used during interpretation, but the context is anchored in the
particular constitutional text. Therefore, various contextual factors cannot reflect a purpose
that is not supported by the contextual text as a legal instrument. You will notice that this
“balanced” approach is also followed in the interpretation of “ordinary” legislation.
EDUCATION
LAW
ASSIGNMENT 01 SOLUTIONS
SEMESTER 1 2022
, QUESTION 1
Briefly explain what needs to be taken into consideration in the interpretation of the
Constitution and legislation when looking at education law issues. (5)
Some of the sections (namely ss 1, 2, 8 & 39) of the Constitution that have tansformed our
interpretation of legislation or statutes. A number of basic principles that needs to be
taken into consideration in the interpretation of the Constitution and legislation when
looking at education law issues are;
a) The supreme Constitution must be given a purposive interpretation.
Therefore constitutional interpretation do not constitute a close set of hard and fast rules.
Constitutional interpretation is an inherently flexible process.
b) During the interpretation of the Constitution, its spirit and purport must be promoted.
Section 39(2) states that in interpreting any legislation, the interpreter must promote the
spirit, purport and object of the Bill of Rights
c) A provision in the Constitution cannot be interpreted in isolation, but must be read
in the context as a whole.
Thus, the Bill cannot be read in isolation. Its content must be viewed as integrated within
its existential context in the Constitution
d) The language of the Constitution must be respected
Various contextual factors are used during interpretation, but the context is anchored in the
particular constitutional text. Therefore, various contextual factors cannot reflect a purpose
that is not supported by the contextual text as a legal instrument. You will notice that this
“balanced” approach is also followed in the interpretation of “ordinary” legislation.
