Statutory interpretation Statutory interpretation is when the bill or the law of parliament is tested upon a case. The law should be clear and concise so that everyone understands its purpose. It may have been clear when it was checked by the parliament but judges applying it to an actual case uncovers its flaws, making it troublesome in future cases and conveys what needs to be amended. Over the course of many years, the English law gradually started to develop, and implemented three different
1. Outline the main characteristics of a common law legal system. “Common law dates from the 11th century when William I set up Royal Courts to apply a uniform (common) system of law across the whole of England” (Hughes & Ferrett 2011). Until that time there were laws that were differently interpreted from one city to another. “Common law is generally uncodified system. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered
Can we humans make a golden rule that can work for everyone? If so what is this golden rule, we must follow? First we need to understand what a “golden rule” is. According to “Merriam Webster” the golden rule is “a rule of ethical conduct referring to Matthew 7:12 and Luke 6:31: do to others as you would have them do to you”. This indicates the golden rule goes back from biblical times that represent how all humans should react towards one and other. Philosophers such as Protagoras and Jesus tried
common-law sources. The statutory sources are legion, and it is not easy to task which constitutional statutes are of sufficient importance to justify their inclusion in a compilation of laws in relation to this topic. It was decided, in the end to keep basic statutes and largely to omit those dealing with specialised aspects of constitutional law. Statutes are arranged in their chronological order. Definition of a statute: Interpretation Act 33 0f 1957 Statutory interpretation is the process by which
STATUTORY INTERPRETATION Statutory interpretation can be defined as a process adopted by the judges or the court to interpret a statute and to apply legislation. In an interpretation there are many ambiguous terms that create a lot of uncertainty in one’s mind and this can only be resolved by judicial interpretation. Interpretation of a statute by a judiciary is important because the common people and the client’s of the lawyer need to know how the judges are interpreting the statute. Judiciary
The major aim of counselling is to assist clients to use their available problem-solving abilities more effectively. Counselling is a process that occurs when a counsellor and the client or subject set aside some time to explore some challenges that may include the stressful feelings of the client while specifically being “a therapeutic procedure in which a usually trained person adopts a supportive non-judgemental role ... or gives advice on practical problems” (McMahon, Palmer). For an effective
Professional counselors have an enormous responsibility to uphold the public trust and so pursue high levels of training, education, and supervision in the ethical application of counseling practices, since counselors often practice in private settings with very little oversight. A vital ethical element in counseling is confidentiality. Confidentiality builds a private and safe environment of trust which is crucial for counseling to be fruitful. As a counselor in my future practice I believe confidentiality
Allegories are used for many reasons, such as debating about politics, or create moral meanings, but what intrigues me is that authors are able to express their ideas on controversies going on in the world with their stories, at the same time, it give a better context to the story, and give a peek of how it would feel if the reader was in the situation, just with an allegory. Kate Chopin, most assumedly, was a supporter of the feminist movement, and she showed her support of the women’s movement
are a dominant-hegemonic interpretation and an oppositional interpretation. A dominant-hegemonic interpretation of a cultural object agrees with
The “The Road Not Taken” by Robert Frost is a poem written in first-person that describes how the narrator must choose between two paths in the forest. We know he’s in the forest because the first line of the poem states, “Two Roads diverged in a yellow wood.” We also know what time of year and time of day the poem takes place because the author says, “yellow wood,” and, “both (paths) that morning equally lay in leaves.” This tells us it takes place one morning in autumn since the author literally
in the 18th century and the tenuous relationship between social harmony and upward mobility. Central to this argument is McClary 's characterization of the harpsichord cadenza as an "unplanned" and unconstrained display of madness. McClary 's interpretation of the harpsichord cadenza as a "hijacking" by a deviant unconstrained by musical and social conventions ignores the role of continuo player (viz. the composer) as the mastermind of the piece and the candenza as a display of virtuosity. This leads
The tale to be interpreted is Charles Perrault’s, “Toads and Diamonds”. This tale type is AT 480: The Kind and the Unkind Girls. The tale is to be analyzed through a Socio-Historical analysis. This type of analysis fits best with this particular tale because, it distinctively captures the strict norms and values placed on women of that era. What is meant by this is that, this tale shows some of the many tasks that women of that time were expected to complete, such as, work in the kitchen, run errands
horrific story. The Turn of the Screw’s ending is considered ambiguous, in addition to being so abrupt and fast due to its syntax and punctuation. Miles addresses either the governess or Peter Quint, but his dialogue isn’t distinctly directed, the interpretations of the end are greatly changed based on his one line. The governess is shielding Miles from the ghost, and she decides that she can make Miles confess his knowledge of the apparition, “I was so determined to have all my proof that I flashed into
The terminologies used in court and the subject about reading case law particularly understanding statutory interpretation and court decisions which we discussed in Module 3, helped me learned what the case scenario was all about. Furthermore, in Module 4’s Discussion Forum we talked about the difference about visa validity and visa eligibility. The instructor
Super. 53 at 60; New Jersey Dep't of Youth & Family Services v. J.L., 410 N.J. Super. 159 at 166. However, the court does not have to take heed to the agency’s interpretation of a statute or its determination of a strictly legal issue. No difference is required to the agency when the agency's statutory interpretation is contrary to the statutory language or undermines the legislature's intent. 207 N.J. 294 at 301; Dep't of Children & Families v. D.B., 443 N.J. Super. 431 at
From my first semester in college I could not decide what career I want to be in. After a long time thinking and researching I narrowed down my interest to political science, and my interests have directed me towards international relations and laws. I am fascinated by how the states of the world cooperate together to build a safe place for everyone. American government places a huge role in the world and many countries need American Foreign Service to help them with their problems. After hearing
drafting of the statute and this can cause difficulty in interpreting what the statute or Parliament were trying to say. Judges in the UK therefore, interpret the statute in accord to the Interpretation Act 1978, which introduces rules that the judge needs to refer to when interpreting statutes. However, the interpretation is sometimes the complete opposite of what Parliament had intended to get from the statute, which can be seen as when judges trespass on the proper function of Government and the Legislature
INTRO The Model Penal Code was created to standardize and categorize the numerous interpretations and implementations of laws throughout the United States. Published in 1962 from the American Law Institute, through analysis by legal professionals and 31 draft formats, the Model Penal Code is considered one of the most important improvements to the American legal process. This is essay will cover the purpose, effectiveness, strengths, and weaknesses of the Model Penal Code. The foundation of the Model
and she knew that it was going to be more of a lengthy interpretation than the doctor might think. For example, the doctor said “We will divide your total dose into 3 times a day” Mrs. Shaw said “one moment please,” in order to let the doctor know not to continue on conversation yet. She went into setting up in her space morning, afternoon, and night, and how much of the total dose would be taken at each. When she finished her interpretation, she would say “go ahead”. I also noted that when the interpreter
Literature Victoria Class One Final Walden, Of Mice and Men, and The Call of the Wild are masterpieces of Transcendentalism, about Existentialism, about Naturalism, and Human Nature. Walden is Thoreau’s self-reflection for spiritual quests while immersing in nature. Through a simplified lifestyle, Thoreau illustrates ideas about individualism versus social existence, self-reliance, and meditations of opposing to Materialism. Of Mice and Men superficially reflects a story that two migrant