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LJU4801 ASSIGNMENT 1 SEMESTER 1 – 2023 (286194) (QUIZ)
QUESTION 1
One of the most popular theories for South African courts (in cases of
constitutional interpretation) is the intentionalist theory. In terms of this theory
a. judges are part of a community of interpreters and this community
determines how judges must decide cases.
b. judges are constrained by the tradition of the legal system within which they
operate.
c. judges discover the law and do not make the law.
d. the basic idea is that, in order to be legitimate, court decisions must give
effect to the autocratic intent of the legislature.
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