Constitutional Interpretation Analysis

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1 Introduction
In this essay we are going to firstly start by defining as to what is constitutional interpretation and then critically discuss the approach to constitutional interpretation. Furthermore give a discussion of how does constitutional interpretation differ from ordinary statutory interpretation and the analysis as to what extent this approach was followed in the case of Stransham-Ford and the Nkandla case.
Constitutional interpretation can be defined as the theory or the method of thoughts that describes a general approach which the judiciary uses to interpret the law, constitutional documentation and the legislation. Constitutional interpretation is precisely known/defined as the commanding interpretation of the supreme constitution
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It is believed that all legislations must be interpreted by the courts in line with the fundamental rights entrenched in the constitution (Bill of Rights). The constitutional interpretation is known as the authoritative interpretative of the supreme law (constitution) by the judiciary throughout the judicial appraisal and/or evaluation of the constitutionality of the legislation and the government action.
Before any interpretation can take place, the following questions must be taken into consideration;
• What has to be done with the fundamental values of the constitution?
• Are these values purely of a high-sounding and remarkable references to human dignity and justice, which are used as the ethical/or moral detail for case law?
• From whose view point are these tenets recognised and
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• The supremacy of the constitution and the rule of law, meaning no one is above the law. Before the interpretation can take place, there must be two approaches that needs to be taken into cognisance and they are: the literal (text based) approach and the purposive (text-in-context) approach. The process of interpretation in terms of the lateral approach must consider the primary rules of the interpretation, in other words, if the meaning of the word is clear and straight to the point, it should be placed into effect, it must be paralleled with the legislator’s intention.
If the plain meaning of the word is unclear, vague or misleading or if a strict literal interpretation of a word would result in absurd results, then the court can diverge from the literal meaning to circumvent such an absurdity. This is also known as the golden rule of the interpretation. Furthermore, the court will turn to secondary assistances of the interpretation to find the intention of the legislature, for an example, the long title of the statute, the headings to chapters and sections, the text in the other official

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