Study Set Content:
21- Flashcard

22: Systematic Interpretation (Hollistic Approach)

  1. This method is concerned with the clarification of the meaning of a particular provision in relation to the text as a whole.
  2. Words cannot be read in isolation, also all the contextual considerations are considered as well.
  3. Includes the other provisions and parts of the constitution, extra-textual factors such as the social and political environmental merits in which the constitution operates
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22- Flashcard

23: Teleological Interpretation

  1. It emphasises the fundamental constitutional values and value-coherent interpretation.
  2. In other words, it is used to ascertain what the particular constitutional provisions must accomplish in the legal order.
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23- Flashcard

24: Transformative Interpretation

  1. Transformative Constitutionalism takes us from a culture of authority (sovereign parliament) to a culture of justification (supreme constitution).
  2. The Constitution is a transformative document and this transformative power is most evident in the preamble.
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24- Flashcard

25: Seven Types of Interpretation of the Constitution:

  1. Purposive Interpretation
  2. Historical Interpretation
  3. Generous Interpretation
  4. Comparative Interpretation
  5. Systematic (contextual) Interpretation
  6. Teleological Interpretation
  7. Transformative Interpretation
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