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This work provides a comprehensive guide to the interpretation of statutes in South African law. It has been written in anticipation of South Africa acquiring a justiciable and entrenched Bill of Rights, which will undoubtedly influence the interpretation of all legislation.
This work provides a comprehensive guide to the interpretation of statutes in South African law. It has been written in anticipation of South Africa acquiring a justiciable and entrenched Bill of Rights, which will undoubtedly influence the interpretation of all legislation.
The book provides the following topics:administrative law;judicial Control; judicial Review;and constitutional law.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret sta...