LJU4801 Assignment 1 (QUIZ) Semester 1 2023 () 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 ...
, 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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LIBRARYpro. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.76. You're not tied to anything after your purchase.
