Is the repugnancy clause still applicable today?
The repugnancy doctrine was introduced into Nigeria in the 19th century through the received English laws. Most African countries repealed the repugnancy provisos when they obtained independence but Nigeria still retains it.
What is teleological interpretation?
1. The method of teleological interpretation may be defined as the method of interpretation used by courts, when they interpret legislative provisions in the. light of the purpose, values, legal, social and economical goals these provisions aim to achieve.
What are the 5 steps of judicial interpretation?
Introduction There are five sources that have guided interpretation of the Constitution: (1) the text and structure of the Constitution, (2) intentions of those who drafted, voted to propose, or voted to ratify the provision in question, (3) prior precedents (usually judicial), (4) the social, political, and economic …
What is literalist Intentionalist approach?
literalist/intentionalist approach to the interpretation of constitutions, held. that ‘ [t]he task of the Courts is to ascertain from the words of the statute in the. context thereof what the intention of the legislature is’32 and concluded that. the intention of the framers of the Constitution of Bophuthatswana was ‘ …
Which Act currently contains repugnancy clause?
An example of this repugnancy clause is in the Law of Evidence Amendment Act 45 of 1988 (quoted below), which codifies the fact that the courts may take judicial notice of customary law, though this is qualified by the fact that such law has to be “readily ascertainable and sufficiently certain”.
Does repugnancy still apply in South Africa?
The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.
What are the three methods of interpretation?
The three modes of interpretation are: simultaneous interpretation, consecutive interpretation, and sight translation.
How do judges interpret statutes?
The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning.
What are four ways that judges interpret the law?
Judicial interpretation
- Plain meaning rule.
- Mischief rule.
- Golden rule.
What are the theories of interpretation of statutes?
The two main theories of statutory interpretation— purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy.
What are the general principles of interpretation of statutes?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.