LJU4801 Assignment 1 Semester 1 2023 ANSWERS 100% TRUSTED workings, explanations and solutions. For assistance call or us on 079 811 9845 .
QUESTION 1 One of the most popular theories for South African courts (in cases of constitutional interpretation) is the intentionalist theory. In terms of th...
, QUESTION 1
One of the most popular theories for South African
courts (in cases of constitutional interpretation) is
the intentionalist theory. In terms of this theory
a. judges are part of a community of interpreters and
this community determines how judges must decide
cases.
b. judges are constrained by the tradition of the
legal system within which they operate.
c. judges discover the law and do not make the law.
d. the basic idea is that, in order to be legitimate,
court decisions must give effect to the
autocraticintent of the legislature.
Option c is the correct answer.
According to the intentionalist theory of constitutional interpretation, judges discover the
law rather than make the law. This theory holds that the meaning of the Constitution is
based on the original intent of the framers or the ratifiers of the Constitution. Judges
must look to the intentions behind the text and apply those intentions to the current
situation. The focus is on determining what the framers intended at the time they wrote
the Constitution, rather than on what a modern judge might think the Constitution
means. This theory emphasizes that the Constitution has a fixed meaning that can be
discerned through historical analysis, and that judges should not be free to impose their
own policy preferences on the law.
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