Interpretation of Statutes · Study Hub
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What is the first step before interpreting any legal text?
Classify the text — identify what kind of instrument it is (Constitution, original or delegated legislation) and where its authority comes from.
Name the three broad classes of legislation.
1. The Constitution — the supreme law.
2. Original legislation — Acts of Parliament, provincial Acts, by-laws.
3. Delegated / subordinate legislation — regulations, proclamations, rules.
What makes delegated legislation valid?
It must stay within the limits of its enabling Act (intra vires); if it exceeds that power it is invalid (ultra vires).
What are the stages by which a statute comes into force?
1. Adoption by the legislature.
2. Assent — signature by the President/Premier.
3. Publication in the Government Gazette.
4. Commencement — on a fixed date, on publication, or by proclamation.
What is the presumption about a statute's operation in time?
It is presumed to operate prospectively only and not to take away rights already accrued (presumption against retrospectivity).
Distinguish promulgation from commencement.
Promulgation — publication of the Act in the Government Gazette (it becomes officially known).
Commencement — when the Act comes into force.
They can differ: a statute may be promulgated but not yet in operation.
Distinguish retroactive from retrospective operation.
Retroactive — operates as if it had always been in force (it changes the past).
Retrospective — operates from now on but attaches new consequences to past events.
Both are disfavoured; retroactivity (esp. in criminal law, s 35(3)) is resisted most strongly.