PRACTICAL AND INCLUSIVE METHOD TO INTERPRETATION Flashcards
1
Q
WHAT ARE THE FIVE PRACTICAL TECHNIQUES
A
1) LANGUAGE
2) SYSTEMATIC
3) TELEOLOGICAL
4) HISTORICAL
5) COMPARATIVE
2
Q
WHAT IS THE LANGUAGE ASPECT?
A
-includes words and phrases
3
Q
WHAT IS THE SYSTEMATIC ASPECT?
A
- refers to structure and context
- holistic approach
4
Q
WHAT IS THE TELEOLOGICAL INTERPRETATION?
A
- it is value based
- consists of fundamental constitutional values
5
Q
WHAT IS THE HISTORICAL APSECT?
A
- it is the historical context of legislation
- it includes the mischief rule which is the circumstances that gave rise to the adoption of the legislation
6
Q
WHAT IS THE COMPARATIVE ASPECT?
A
-the court examines the interpretation of similar legislation by foreign courts
