a supreme constitution

legal maxims

fundamental values

sovereignty of parliament

these methods and principles of constitutional interpretation don?t constitute a firm set of rules and constitutional interpretation is an inherently flexible process

the principles of international human rights law and foreign law must be applied with due regard for the South African context

constitutional interpretation must start and end with the Constitution

all judges and judicial officers are obliged to continuously interpret and apply legislation to give effect to fundamental values and rights in the Constitution

If the provision is formulated in flexible or vague terms, it is an indication that it is directory

A word or words with an imperative or affirmative character indicate a peremptory provision

The word shall is a strong indication that the provision is peremptory

Words in a negative form indicate a peremptory connotation

The common law is not commonly applied to all South Africans.

The common law cannot deal with new technological and scientific developments.

The common law must be altered into statutory law per the Constitution.

The common law has been abrogated through disuse.

S v A Juvenile 1990 (4) SA 151 (ZSC)

S v Makhubela 1981 SA 210 (B)

S v Yolelo 1981 (1) SA 1002 (A)

S v Zuma 1995 (2) SA 642 (CC)

S v Jordan 2002 (6) SA 642 (CC) 

Prince v Cape Law Society 2002 (2) SA 794 (CC)

African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC) 

S v Zuma 1995 (2) SA 642 (CC)

The interpretation of statutes have influence only in cases of delegated legislation.

That international law may not be used to choose between different interpretations of the same legislation.

That legislation must be published at least 10 days before its commencement.

That the spirit and purport of the Bill of Rights must be promoted when interpreting legislation.

legislation passed on or before 18 December 1997 should be deleted from the statute books with immediate effect

existing legislation is in force until repealed or amended by a competent authority

legislation shall be repealed including old legislation when the final constitution is adopted

legislation should remain in force, at the behest of the President of the Republic of South Africa

S v Ndiki 2008 (2) SACR 252 (Ck)

S v Reed 1972 (2) SA 34 (RA) 

S v Taekendesa 1972 (4) SA 72 (RAD)

S v Yolelo 1981 (1) SA 1002 (A)

Members of Parliament have absolute immunity to make disparaging comments about anyone in the legislature if this is in session

Members of Parliament do not have absolute immunity to make disparaging comments about anyone in the legislature if this is in session

The interpretation clause of the Constitution was held to be 'not merely an interpretative directive, but a force that informs all legal institution and decisions with the new power of constitutional values'

The interpretation clause of the Constitution was held to NOT be 'merely an interpretative directive, but a force that informs all legal institutions and decisions with the new power of constitutional values'.