In aiming to keep legislation aligned to the values and principles in South African Constitution, the courts may employ a variety of different techniques to ensure that unconstitutional legislation is avoided.

In aiming to keep legislation aligned to the values and principles in South African Constitution, the courts may employ a variety of different techniques to ensure that unconstitutional legislation is avoided. This is important because in some instances, where a court declares legislation invalid, such legislation is no longer applicable and it could create gaps in our law.

In great detail set out the limits of corrective interpretation of constitutional review in detail by discussing what “reading-down”, “reading-up”, “reading-in” and “severance” refer to. You may refer to applicable South African case law and legislation as examples of how these measures were applied.