Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which
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The rule of law is the application of laws consistently‚ without showing favouritism not authorized by said law‚ or otherwise deviating from it. The rule of law is often a criterion used in judging whether a country has good government or not. It is a principle that values procedural over substantive fairness. In some cases‚ for example‚ even when a defendant is known to be guilty‚ his case will be dismissed on the grounds that the government violated the law by gathering evidence in ways that violated
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“All laws are rules but all rules are not laws” The fact that all laws are rules but all rules are not laws can be wholly feasible. According to the Merriam-Webster dictionary‚ a “law” is outlined as an enforceable body of official rules and regulations‚ established by people in authority who use them to govern the affairs of people in a society whereas a “rule” is a special category of law written by state agencies to support‚ clarify‚ or implement specific laws enacted by the legislature called
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APPLICABILITY OF DOCTRINE OF RULE OF LAW IN INDIA The foundation of Indian Constitution is laid down on the bricks of “Rule of law”.1 The expression ’Rule of Law’ has been derived from the French phrase ’la principle de legalite’‚ i.e. a Government based on the principles of law.2 Rule of law has long normative history of contributing in edifice the legal system of European countries.3 Dicey developed this concept of ‘Rule of Law’.4 Dicey said ‘Rule of Law’ means‚ “the absolute supremacy of predominance
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APE 12 29 March 2012 Bending the Rule of Law What is the rule of law? It is often heard—from the mouths of politicians‚ judges‚ CEOs‚ and the President himself—but does anyone stop and ponder its true meaning and implications? The rule of law is the belief that all people fall equally under the law. This means that no one person or group is above the law‚ and conversely‚ no one person or group is below the law. The reason the concept of the rule of law is so powerful is because it is an idea
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CCGL9032 RESEARCH PAPER Rule of Law in Nepal Rule of Law in a Globalizing World . Abstract Originated from western societies‚ the principle of " Rule of Law" is making great impact on the development of non-western regions through globalizing trend. This research paper mainly looks into the development process of rule of law in Nepal- a new practitioner of rule of law system in government practice. The paper will discuss the rule of law level‚ the reason Nepal manages to attain this
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RULE OF LAW AND BANGLADESH ABSTRACT: "No free man shall be taken or imprison or desseised or exiled or in any way destroyed nor will we go or send for him‚ except under a lawful judgement of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law‚ Dicey’s theory of ’Rule of Law’‚ rule of law in true and modern
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Rule of Law in Singapore Rule of Law: An independent judiciary‚ one that is independent of government and not dependent on it or subservient to it. Unless the public accepts that the judiciary are independent‚ they will have no confidence in the honesty and fairness of the decision in courts. This independence is exemplified in the judicial oath. The independence of the judiciary will ensure that no one is above the law and the law is applied equally to all. Judiciary has the responsibility
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Chapter 4 The Rule of Law Overview The chapter begins by distinguishing between two types of law. Criminal law is a formal means of social control that uses rules‚ interpreted and enforced by the courts‚ to set limits on the conduct of the citizens‚ to guide the officials‚ and to define unacceptable behavior. Civil law is a means of resolving conflicts between individuals. It includes personal injury claims (torts)‚ the law of contracts and property‚ and subjects such as administrative law and the regulation
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