1. Critically discuss statutory interpretation in the new constitutional order
Statutory interpretation is the process by which courts interpret legislation in order to understand and apply its meaning. In a new constitutional order, statutory interpretation becomes even more important, as the relationship between the constitution and legislation may be redefined or clarified.
In the context of a new constitutional order, there are several key issues that may arise in statutory interpretation. Firstly, the relationship between the constitution and legislation must be carefully considered. In many countries, the constitution is considered the supreme law of the land, and any legislation that conflicts with the constitution may be deemed unconstitutional. This requires careful interpretation of both the constitution and any legislation in order to ensure that they are consistent with each other.
Secondly, in a new constitutional order, there may be new principles or values that the courts must consider when interpreting legislation. For example, a new constitution may enshrine certain rights or principles that must be taken into account when interpreting statutes. This may require a more expansive or purposive approach to statutory interpretation in order to give effect to these new constitutional values.
Additionally, in a new constitutional order, there may be uncertainty or ambiguity surrounding the meaning of certain constitutional provisions or principles. This can create challenges for courts when interpreting legislation, as they may need to determine how best to give effect to these constitutional provisions while also respecting the intent of the legislature.
Overall, statutory interpretation in a new constitutional order requires a careful balancing of constitutional principles, legislative intent, and the values and rights enshrined in the constitution. Courts must adopt a purposive and contextual approach to interpretation in order to ensure that legislation is consistent with the constitution and reflects the values of the new constitutional order.