Constitutional Interpretation Of The Constitution

Defining Constitutional interpretation

Constitutional interpretation refers to the authoritative interpretation of the supreme Constitution by the judiciary during judicial review of the constitutionality of legislation and government action in terms of section 172 of the Constitution. This interpretation includes the filtering of rights , when applying the law section 172 of the Constitution requires that courts ensure that laws that are inconsistent with are invalidated. This interpretation’s primary role includes the ascertainment of its inherent foundational values

Defining ordinary statutory interpretation

Statutory interpretation is about construing enacted law texts with reference to and reliance on other law texts, concretising the

Both forms of legislative interpretation are interrelated; both are members of the same broad interpretive family. Ordinary interpretation is thus favoured to be defined based on the text-in-context approach and similar to that of the Constitutional interpretation. Because of this, it is also required that ordinary legislation be interpreted based on section 39(2) of the Constitution , which requires that the interpretation of any legislation by any court promote the spirit, purport and objects of the Bill of

By constitutional design, the Public Protector’s findings must have consequences, for its findings not to have consequences or to be ineffective would mean that the offices’ powers are futile in strengthening our constitutional democracy.

The president’s action being adjudicated upon in a court of law is an exercise of Constitutional Interpretation. Section 172 of the constitution guarantees that, the Constitutional court enjoys the exclusive jurisdiction to decide a failure by the President to fulfil his constitutional obligations ought not to be surprising, considering the magnitude and vital importance of his responsibilities.

Mogoeng CJ, concluded that the EFF has made out a case that the President’s alleged failure to comply with the remedial action coupled with the failure to uphold the Constitution, relate to constitutional obligations imposed specifically on him that are intimately connected to the issue central to this application, which is the obligation for the President to comply with the remedial action. Conditions for the exercise of this Court’s exclusive jurisdiction have been met .

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