IOS2601 Assignment 1 (QUALITY ANSWERS)
Semester 2 2025
Factors which limit judicial law-making during statutory interpretation
1. The principle of democracy
2. The important principle of separation of powers
3. The common law presumption that the legislature does not intend to change the existing law more than is
necessary
4. Judicial officers are accountable and responsible for their actions on three levels: personal morality and formal
and substantive accountability.
5. Penal provisions or restrictive provisions in the legislation What is the interpretation of statutes?
Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with those
rules and principles which are used to construct the correct meaning of legislative provision to be applied in
practical situations
What is legislation?
The term legislation comprises a number of sometimes confusing names and concepts, for instance, Act
,Jurisprudential guidelines: Directory provision
1. If the wording of the provision is in positive terms, and no penal sanction is included for non-
compliance with the requirements, it is an indication that the provision in question should be
regarded as being merely directory.
2. If strict compliance with the provisions would lead to injustice and even fraud, it is presumed
that the provision is directory.
Factors which limit judicial law-making during statutory interpretation
1. The principle of democracy
2. The important principle of separation of powers
3. The common law presumption that the legislature does not intend to change the existing law
more than is necessary
4. Judicial officers are accountable and responsible for their actions on three levels: personal
morality and formal and substantive accountability.
5. Penal provisions or restrictive provisions in the legislation
, What is the interpretation of statutes?
Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation,
deals with those rules and principles which are used to construct the correct meaning of
legislative provision to be applied in practical situations
What is legislation?
The term legislation comprises a number of sometimes confusing names and concepts, for
instance, Acts, statutes, ordinances, regulations, proclamations, rules, notices and by-laws
Categories of legislation
1. Chronological categories
2. Hierarchy
3. Status
Chronological categories
This classification explains all forms of existing legislation according to their historical origins:
1. Legislation before 1806
2. Older order legislation
3. Pre-Union Legislation
Semester 2 2025
Factors which limit judicial law-making during statutory interpretation
1. The principle of democracy
2. The important principle of separation of powers
3. The common law presumption that the legislature does not intend to change the existing law more than is
necessary
4. Judicial officers are accountable and responsible for their actions on three levels: personal morality and formal
and substantive accountability.
5. Penal provisions or restrictive provisions in the legislation What is the interpretation of statutes?
Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with those
rules and principles which are used to construct the correct meaning of legislative provision to be applied in
practical situations
What is legislation?
The term legislation comprises a number of sometimes confusing names and concepts, for instance, Act
,Jurisprudential guidelines: Directory provision
1. If the wording of the provision is in positive terms, and no penal sanction is included for non-
compliance with the requirements, it is an indication that the provision in question should be
regarded as being merely directory.
2. If strict compliance with the provisions would lead to injustice and even fraud, it is presumed
that the provision is directory.
Factors which limit judicial law-making during statutory interpretation
1. The principle of democracy
2. The important principle of separation of powers
3. The common law presumption that the legislature does not intend to change the existing law
more than is necessary
4. Judicial officers are accountable and responsible for their actions on three levels: personal
morality and formal and substantive accountability.
5. Penal provisions or restrictive provisions in the legislation
, What is the interpretation of statutes?
Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation,
deals with those rules and principles which are used to construct the correct meaning of
legislative provision to be applied in practical situations
What is legislation?
The term legislation comprises a number of sometimes confusing names and concepts, for
instance, Acts, statutes, ordinances, regulations, proclamations, rules, notices and by-laws
Categories of legislation
1. Chronological categories
2. Hierarchy
3. Status
Chronological categories
This classification explains all forms of existing legislation according to their historical origins:
1. Legislation before 1806
2. Older order legislation
3. Pre-Union Legislation
