Judicial Law-Making during Concretisation

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Across
  1. 3. The concretisation phase always takes place irrespective of the ______ to interpretation employed by the interpreter.
  2. 8. This principle states that if a legislative provision is unconstitutional because it conflicts with the Bill of Rights, but is reasonably capable of a more restrictive interpretation which would save it from being unconstitutional, such restrictive interpretation should be used.
  3. 9. Judicial discretion to modify means that the provision (portion of/the legislation) retains its original form as when it was promulgated, but the meaning is adapted only for that _____.
  4. 12. This presumption presupposes that the Legislature does not intend meaningless legislation.
  5. 13. During this interpretation, the meaning of the text is extended (widened) to give effect to the purpose.
  6. 16. This latin term means 'of the same kind.'
  7. 17. It is a ____ that the courts only interpret the law.
  8. 18. This viewpoint supports the notion that the clear and unambiguous text of legislation is equated with the intention of the legislature.
Down
  1. 1. During this process, the meaning of the legislation is reconstructed during interpretation to give effect to the legislative purpose.
  2. 2. This clause requires the courts to reconcile the aim and purpose of the legislation with the constitution in general and the Bill of Rights in particular.
  3. 4. The text and the purpose of legislation are correlated with the _____ facts of the case.
  4. 5. This is the final stage of the interpretation process where legislation is realised.
  5. 6. This principle supports the notion that courts are guardians of constitutional values but cannot take over the constitutional role of the legislature.
  6. 7. This form of interpretation involves extending legislative provisions expressly applicable to particular circumstances to cases not expressly mentioned.
  7. 10. The court's law-making role is sometimes inevitable and _____.
  8. 11. This interpretation is applied when words of the legislation embrace more than its purpose so naturally, the interpretation would reduce / limit the wider meaning of the words.
  9. 14. this interpretation by implication provides the contrary provision for the opposite circumstance.
  10. 15. Legislation only becomes ______ once it is applied.