STATUTORY CONSTRUCTION PRELIMINARY CONSIDERATIONS 1. Statutory Construction - is the art or process of discovering and expounding meaning and intention of the authors of the law‚ where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law - is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text‚ conclusions which are in the spirit‚ though not
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actions as effectively as possible. There are two types of public services they are statutory and non-statutory services. The difference between a statutory and a non-statutory service is that a statutory service is paid by tax payers‚ funded by the government and is set up by the law. They are usually uniformed and highly professional an example would be the Emergency Services and the Armed Forces. A non-statutory service is a service that doesn’t receive a lot of government funding so they are paid
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7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case. Additionally‚ some statutes may be inherently ambiguous. • The courts have developed principles
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STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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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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Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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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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Explain the purpose of an operating system Process Management A multitasking operating system may give the appearance that a lot of processes are running concurrently/simultaneously‚ this is not true as only one process can be executing at any one time on a single-core CPU‚ unless on a multi-core or similar technology. Processes are often called tasks in embedded operating systems. The function of the task or process is something that takes up time‚ as opposed to memory‚ which is ’something that
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