STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical form and not too easy to understand (ambiguity). The words used in statues may have different meanings which indicate
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GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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The Role of Strategic Planning “Failing to plan is planning to fail”. This often-heard quote from Alan Lakein‚ the popular author on time management‚ is a reminder that many of the day-to-day operational struggles we face in organizational life had their seeds sown in the past‚ when we failed to think ahead. Every organization wants to survive and grow in a constantly changing and competitive environment. To do so‚ it must respond and adjust to the social‚ economic and political environmental changes
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The four main purposes of punishment in the criminal justice system are: Deterrence - this is something intended to discourage someone from commiting a crime through instilling fear as to the consequences for their actions. There are two types of deterrence - specific deterrence and general deterrence. Retribution - its purpose of punishment is to administer justice - a deserved or morally right consequence to the offender that committed the crime. Rehabilitation - this punishment aims to reform
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STATUTORY COUNCILS Labour Relations Act 28 of 1956 includes as one of the aims of the Act‚ the prevention and settlement of disputes between employers and employees. Industrial councils were the primary institution for collective bargaining; generally they were system that involved a form of centralised bargaining in a particular industry or segment of an industry (Alan Rycroft‚ Barney Jordaan‚ 1992:146) Industrial councils consisted of representatives from one or more employer parties and one
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Statutory Rape Laws The term "statutory rape" is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The age at which individuals are considered to give consent is called the age of consent. The age of consent can ranging from thirteen to twenty-one‚ depending on the limits set by each state in accordance with local standards of morality. Even sex that violates the age-of-consent laws
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Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
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Explain the purpose of employment law and how it is enforced. Choose an area of employment you are familiar with and state whether or not you believe the objectives of this law are met in practice and whether or not its enforcement is effective. 1.1 Explain the aims and objectives of employment regulation The role of employment law is to achieve social justice and protect employees. There are two distinct branches of law‚ which include criminal and civil law. Criminal law in concerned with
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1. The Strategic Role of HRM (i) Strategic HRM covers eight HR practices- organisation design and work system; human resource planning ; recruitment; selection; training and development; compensation; performance management; employment relations. Each one of these HR practices reflects organization performance. Now HR is involved in long term company strategy. The HR managers sit down on the table with the company when the strategy is designed and advice the company how it can be done from HR prospective
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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