oa Comparative and International Law Journal of Southern Africa - Is interpretation a question of common sense? Some reflections on value judgments and section 35 .

Volume 28, Issue 1
  • ISSN : 0010-4051



For the application of value judgments to result in legal certainty, a certain theoretical consistency of approach is required. Such consistency can only derive from a sound jurisprudential (ie legal-theoretical) basis. The tentative reflections contained in this article are an attempt to contribute towards the establishment of such a jurisprudential basis. The subject-matter of the application of value judgments, with particular reference to section 35, could furthermore only be properly addressed against the background of certain general characteristics of constitutional interpretation in general, and Chapter 3 in particular.

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