The rules of statutory interpretation are a guide for judges to decide what parliament means in statutes. The judge would look towards the rules for assistance when faced with a statute, which is difficult to apply to the given facts . There are three main rules. The literal rule requires that words must be viewed in their plain and ordinary meaning, even if there is some sort of absurdity . The golden rule requires words to be given their natural meaning to the extent where they do not produce absurdity
Statutory Interpretation The process by whereby judges attribute meanings to words in a statute in order to apply the relevant statute to a case to reach a decision. There are two approaches: Literal and Purposive. The literal approach is where the words are given their plain, ordinary and grammatical meanings. The purposive approach is when the judge looks at the intentions of parliament. Aids available: There are two types of aids available for statutory interpretation, they
confusion which has resulted from attempts to interpret statutes over the years, the parliaments throughout Australia have enacted their own set of interpretation rules. These are embodied in special Acts by both the federal and state parliaments (The interpretation Acts) the purpose of which if to assist the interpretation and to apply standard rules of interpretation in some circumstances. The Federal Act – Acts Interpretation Act 1901 The Acts Interpretation Act (1901) )Cth) gives courts some assistance
where a statute can have more than one meaning and therefore can directly affect the outcome of a case dependant on which meaning is used. Statutes in some cases tend to be extremely vague and ambiguous enough to support more than one interpretation. In such cases, it is at the
The Golden Rule is a rule I have been taught ever since I can remember. The rule as I was taught goes like this: Treat others the way you want to be treated. There are many other interpretations of the rule based on religion and beliefs, but all of these interpretations have the same underlying message. Everyone is equal and deserves to be treated as such. Treat others with the kindness that you would like in return. The moral of this law is not one sole lesson but several smaller lessons hidden
readers. The lessons in the story centered around were about morals and would forewarn the dangers if a person acted in a destructive manner. The Golden Rule is a well-known moral with an idea is that a person should treat others the way they wish to be treated. The Golden Rule can be portrayed to correlate with religious views. The Golden Rule is the moral to the story in “The Rime of the Ancient Mariner” by Coleridge because of the actions that occurred from events involving the Albatross. The
Where is The Golden Rule now? In today’s world there are many rules and laws. There are laws against smoking in public places, there are laws against playing ball hockey on the street, and there are even laws about standing in front of a store or an establishment for too long. These laws are severely enforced. Breaking any of these laws can result in fines of up to $2000. Said laws have not been around nearly as long as the Golden Rule has, but in today’s society they seem to be more important than
appear in isolation, the interpreter has to first hypothesize the context in which the words were borrowed from. Selecting a hypothetical context reveals the meaning of the words; similarly changing the context of the words would also alternate the meaning of the text (McGreal 2005; page 1268). Every text-context pairing bears different meaning. The constitutional argument behind Textualism drives a wedge between the text and the context. Justice Scalia argues for the practice claiming that argues
Introduction. What is the meaning of “ philosophical theories “? -The use of the term theory here is a statement of colloquial English and not reflective of the term theory, While any sort of thesis or opinion may be termed a position, in analytic philosophy it is thought best to reserve the word "theory" for systematic, comprehensive attempts to solve problems. *First theory: Consequentialism. Definition: normative ethical theories holding that the consequences of one's conduct are the ultimate
understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative meaning to be applied in practical situations. Du Plessis explain it as follows: “Statutory interpretation is about construing enacted law-text with reference to and reliance on other law-texts, concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation’’ Rules/ theories of statutory interpretation INTRODUCTION
few tribes to establish on the Great Plains. The Pawnee came up from their inherited home of Mississippi and east Texas, by the Gulf of Mexico. The Pawnee then established on the Republican, Platte, and Loup rivers, located in current day Nebraska. This area was great for living because it had an ample supply of prey, rich soil, and plenty of rivers/lakes for water. Being one of the few tribes on the Great Plains they had more than enough food and water, meaning that the Pawnee population would exceed
the twentieth century movement as a complete rejection of Modernist architecture. The era of definite guidelines and abandonment of meaning in architecture during a time when urban advancement had climbed to its peak was eventually rejected and
Haylie Gutierrez Monica Jayroe March 18, 2014 Constitutional Law Privacy Rights of the Homeless There are certain rights that every citizen of the United States of America are entitled to and as a society we have come to expect that they will always be there and protected. Unless you have emigrated from a foreign country that does not hold the same rights, then these rights are something that you have always known. You were born with them and unless you have been in specific circumstances, then
In “Politics and the English Language,” Orwell writes, “As I have tried to show, Modern writing at its worst does not consist in picking out words for the sake of their meaning and inventing images in order to make the meaning clearer” (Muller, 2014, p. 128). The audience see’s Orwell’s use of rhetoric that it is way more effective in using these meaningless words to hurt the cause, rather than help it (Muller, 2014). In Animal Farm, he writes,
indigenous people of South America called the Arawak. War from other tribes causes them to drift north of their homeland to the Caribbean. They were the first inhabitance of the Jamaica. The present name of the island derives from the Arawak word Xaymaca, meaning “Land of wood and water.” When they arrived in the island they realized that the terrain and plant life was entirely different from the dense jungle that housed their original habitat. The material they found to construct houses was different from
precipitation, most translating to “rain”, and only one meaning “snow.” I believe that the geographic terms help reinforce the idea that they lived on the plains. Also, for the Mana tribe to not have a term for ocean shows that they probably did not live near the ocean or any body of water; thus, they did not make a term for it. Also, from my knowledge in Natural History (BIO305), the weather terms describe weather conditions that are common in the plains. Aside from the environmental features, the terms
win. This can be observed in the treatment of her counterpart and her ideas about courtship. The tone of the poem is conversational and pert written in a plain, informal style. Neither voice uses a lot of poetic imagery in any of the verses and the language is considerably colloquial not employing metaphor and ambiguity in terms of the meaning. A question is posed as the introduction and the address is clear; Lady Maria implores Gui D’ussel to engage with her in this dialogue and confronts him
The Truth About 4th Amendment Rights The government and how the people perceive the laws and rules of the land have differed for many years, nor have there been many agreements when it comes to the Amendments especially the fourth Amendment. The right to have privacy and without a warrant shall not be searched or seized. With the fourth Amendment, there is always controversy because of the different viewpoints and perceptions of the nine exceptions to the Amendment. This is clearly demonstrated
Plain Truth and Sing You Home are novels both written by Jodi Picoult. They both have plots involving religion and how it strongly affects characters and the court cases they are subjected to. Religion is a topic addressed in the book in both positive and negative light, the religions exposed; Amish and Evangelical are shown to be extremist. The positive lighting can be seen in some of the characters and their innocence such a Katie (Plain Truth) and Liddy (Sing You Home). The negative is spread
an important word. (“ Sanctity: (2) ultimate importance and inviolability.”) It literally means important, but the word sanctity has no true meaning alone. Actually, so does humanity. Without something beside humanity, it has no meaning. It's actually a very interesting thought process. However, this essay is going to explain and try to comprehend the meaning of the sanctity of human life as a whole and how humanity has fallen from grace and reaching for redemption. Temptation is a feeling that has