Literal Rule The literal rule is the primary rule which takes precedence over the others. Words and phrases should be construed by the courts in their ordinary sense‚ and the ordinary rules of grammar and punctuation should be applied. If‚ applying this rule‚ a clear meaning appears‚ then this must be applied‚ and the courts will not inquire whether what the statute says represents the intention of the legislature: ‘The intention of Parliament is not to be judged by what is in its mind‚ but
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Introduction to the Rule of Law & the modern definition. Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred‚ in our context‚ is the Malaysian Constitution which embodies the definition‚ expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries. Rule of Law and
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I am usually one of those people that believes in the law and that believes that rules are in place for a reason. I am well aware of the Exclusionary Rule and the Poisonous Fruit Doctrine however‚ these are two things that I don’t believe in. According to the Exclusionary Rule‚ any evidence obtained without a warrant or Constitutional justification needs to be excluded from any case records. (FindLaw‚ 2017). While the Poisonous Fruit Doctrine indicates that the court may exclude not only the evidence
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Every society is different. In some cases‚ women in some countries can’t show major parts of their body. China limits parents to having one child. In North Korea‚ women can’t wear pants and men have to have their hair cut every 15 days. There are many written laws/rules‚ but there are also rules that are just common sense. We all learn the same thing growing up. The one rule we are told‚ even up to our teens years‚ is the “look both ways” rule. We are taught this at an early age because
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ADMINISTRATIVE LAW ASSIGNMENT – I RULE OF LAW IN INDIA ARUSHI LOHIA R.NO – 013 DIVISION – A E-MAIL – Arushi.lohia@symlaw.ac.in Rule of Law Aristotle said two thousand years ago‚ “The rule of law is better than that of any individuals”. The rule of law is a system of rules and rights that enables fair functioning of the societies. The World Justice Project‚ an initiative of the United Nations defines this system as one in which the following four principles are upheld1: 1. The Government and
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Laws are an intrinsic part of our lives and are necessary for the common good and welfare of society. Black’s Law Dictionary‚ as quoted by Melvin (2012)‚ defines law as a “body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force.” In other words‚ laws are rules of behavior that are legally binding and are enforced by a controlling authority. Laws affect many aspects of our lives in ways that we may not even think about: we pay our taxes‚ observe
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Culture in Business: Relationships vs. Rules or Relationship and Rules We live in a world where we are in relationships with other people such as that of our family and friends; yet‚ it is important to note that relationships are also present in businesses in different dimensions. It seems to be evident that businesses in the Philippines or in any other country follow US system when it comes to research and doing business‚ wherein there are certain frameworks and rules; however‚ it is also evident in the
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Difference Between Rules and Laws • Categorized under Grammar‚Language | Difference Between Rules and Laws Rules vs Laws The main difference between rules and laws is the consequences associated with breaking them. While each is developed to invoke a sense of order‚ fair play‚ and safety‚ the weight of a law is much heavier than the weight of a rule. Laws are like the legal version of rules. When you are a child‚ a parent sets rules to be followed. When you are in a society‚ the government sets
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by instability‚ authoritarianism‚ and violence. In a three page essay please discuss the role of the military in creating such problems using the chapter in the course reader entitled “The Good Sailor.” Also‚ discuss whether or not the Argentinean case is typical or unique to Latin America. Provide explanations and analysis from “The Good Sailor‚” lecture‚ and the textbook. An “A” paper will use all three. Use size 12 Times New Roman font. The paper must be typed (or word-processed) on standard
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34-1 Union Labor Practices Issue: What are the terms for collect collective bargaining? Rule of Law: Under Collective Bargaining‚ an employer and union must act in good faith and not change wages or terms and conditions of employment during the bargaining process. Application + conclusion: While consolidated stores was undergoing a unionization campaign‚ the management swayed the employees to reject the union by increasing their wages and providing them bonuses. Under collective bargaining‚ that
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