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IOS2601 ASSIGNMENT 1 SEMESTER 1 - 2022 (753780)

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IOS2601 ASSIGNMENT 1 SEMESTER 1 - 2022 () DUE DATE: 31 MARCH 2022

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IOS2601 ASSIGNMENT 1
SEMESTER 1 - 2022
UNIQUE NUMBER: 753780


DUE DATE: 31 MARCH 2022

, QUESTION 1

1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation
may be criticized. (5)

Criticism of the text-based (literal) approach to statutory interpretation may be summarised
as follows:


 Common-law presumptions are reduced to tertiary aids to be consulted only
if the primary and secondary aids have failed.

 Words are regarded as the primary index to legislative intention. The literal
approach is inherently subjective.



 The intention of the legislature depends on how clear the text may seem to a
particular interpreter.

 The view that legislative texts are clear and unambiguous must be questioned
in view of the existence of disciplines such as statutory interpretation.



 This approach leaves little room for the judicial law-making function of the
courts.




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