oa Comparative and International Law Journal of Southern Africa - Is interpretation a question of common sense? Some reflections on value judgments and section 35 .
|Article Title||Is interpretation a question of common sense? Some reflections on value judgments and section 35 .|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Potchefstroom University for CHE|
|Publication Date||Mar 1995|
|Pages||1 - 20|
|Keyword(s)||Bill of Rights, Constitutional interpretation, Interpretation clause and Value judgments|
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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