A Comparison Between the Orthodox and Text-in-Context Approaches to Statutory Interpretation

• A comparison between the orthodox and text-in-context approaches to statutory interpretationContents:

* Introduction

* A comparison between the orthodox and text-in-context approaches to statutory interpretation

* The impact of the interpretation clause of the Constitution on the approach adopted by the courts when interpreting statues

* The general principles applied by South African courts when interpreting the Constitution

* Conclusion

* Bibliography

Introduction

South African courts use to approaches to interpretation of the law, namely the orthodox text-based approach and the text-in-context approach. The introduction of the supreme Constitution required adaptations to be made to the interpretations of the law. I will compare the orthodox text-based approach and the text-based approach in this assignment. I will discuss the interpretation clauses has affected the courts in the interpretations of various laws. Lastly I will discuss the guidelines used in South African Courts when interpretation the Constitution.

A comparison between the orthodox and text-in-context approaches to statutory interpretation

Orthodox text-based:

When the orthodox text-in-context based approaches are used the interpretation must be taken into account in the literal meaning of the text. There is however rules to this approach and cannot just be seen as black or white.

1. If the meaning is clear it must be seen as the legislature’s intention

2. When the text is ambiguous, vague, misleading or the literal interpretation does not apply or does not seem feasible the court refers to “secondary aids” such as long title of the statute, headings of the chapters and sections and text in the official language to find the correct meaning of the text.

3. If the “secondary aids” doesn’t give the correct interpretation of the text then “tertiary aids” are used. Those aids are common law presumptions.

Contextual interpretation can only have...