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Principles of Statutory Interpretation (Hardcover)
Loot Price: R3,814
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Principles of Statutory Interpretation (Hardcover)
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The interpretation of legal texts is, essentially, a question of
judgement. But that judgement cannot be exercised arbitrarily, it
must be exercised in accordance with the rule of law. In Principles
of Statutory Interpretation, Richard Calnan explains these rules
using seven defined principles that should be considered when
interpreting legislation. The first principle of 'object intention'
concerns establishing how a reasonable person would interpret the
legislation. The second confirms that the actual text or words of
the statute are the source of that objective intention. Principle 3
reminds us that words used must be interpreted given their role in
the statute as a whole, and the fourth principle examines how that
context may be judged. The fifth and sixth highlight that words
should, generally, be given their natural meaning in statute, and
for those words that are ambiguous, the approach is to apply the
meaning that the legislature is most likely to have intended.
However, the seventh principle recognises that there are
circumstances when words are given a meaning which differs from
their natural meaning. These principles are not a series of
self-contained precepts which can be applied independently of each
other, rather they need to be understood together. Principles of
Statutory Interpretation, provides the reader with examples which
illustrate how the various principles of statutory interpretation,
work in practice
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