(a) Explain the different approaches to the interpretation of statutes in England and Wales. Statutory interpretation is the process of a judge interpreting and applying legislation. Interpretation of statutes is necessary as many of them where written hundreds of years ago and language has changed. Society has also changed and so statutes need to be applied to modern society. Drafting errors may have been made when the statute was written which would then require interpretation. For example
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Assignment 2: The Statutes- Pace v. Alabama & Loving v. Virginia Ashlee R. Hall PAD 525: Constitution & Administrative Law Dr. Lee January 29‚ 2012 Was there ever a period in history where interracial marriages and sex among people of different races was considered illegal? As absurd as this idea sounds‚ the answer is yes. Astonishingly‚ less than 40 years ago marrying someone of a different race was considered illegal. Black people could not be with white people- it just
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Congress‚ 1969) Environmental statutes are the written will or act of the legislature with regard to expressing the stated environmental policy. (Lectric Law Library‚ 2011) NEPA functions in this capacity by enabling the EPA to promulgate regulations in order to set forth guidelines by which other agencies must comply in order to satisfy the intent of NEPA. Environmental regulations act as the forcing mechanism with which to gain compliance with the statute as set forth under the policy. Continuing
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the liquid was vodka because driving while intoxicated is a strict liability offense. Jim’s attorney contends that if the statute‚ which imposes a severe punishment without proving any mens rea on the defendant’s part‚ is a strict –liability statute‚ it would be unconstitutional. ISSUE The issue in this case is whether Michigan Vehicle Code MCL 257.625 is a strict liability statute? RULE MICHIGAN VEHICLE CODE (EXCERPT)‚ Act 300 of 1949‚ MCL 257.625(1) - (1) A person‚ whether licensed or not‚ shall
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General Features of the Statutes Dealing with Land Reforms in India ’Land’ being a state subject‚ every state has its own Land Reforms laws. The Land Reforms (Fixation of Ceiling on Land) Acts‚ were enacted during 1960s to further the Directive Principles of State Policy‚ provided under part four of the Constitution of India in Art.39(b) & (c). Art 39 provides that the State should‚ in particular‚ direct its policy towards securing that the ownership and control of the material resources of
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Wyoming‚ not just a barren state‚ but the home of a community "The solitude in which westerners live makes them quiet" (Erlich 209)‚ but this does not mean they hide from human contact‚ for example‚ the people of Wyoming. There people‚ in one way or another‚ keep in contact with each other and they keep in touch with reality. In the short story‚ "Wyoming: The Solace of Open Spaces‚" Gretel Erlich writes about the tight community in Wyoming. Although they are separated geographically‚ they are not
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The Florida Mental Health Act commonly known as “Baker Act.” This policy is found in the Florida Statute 394 and became effective on 1972. The Baker Act Law was name after Maxine Baker a former State representative from Miami whom sponsored the act. The law and treatment of mental illness in the state of Florida dates back to 1874 by government statutes. In 1971the Florida legislature enacted Florida Mental Health Act. This was a comprehensive revision of Florida’s mental health 97-year-old law.
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Does the Rome Statute empower individuals or organisations to trigger the jurisdiction of the International Criminal Court? Nyirurugo Jean Marie Vianney 1 Abstract Recently‚ the Office of the Prosecutor (OTP) of the ICC has received the complaints from Congolese and Rwandan individual persons and associations‚ claiming to pursue Rwandan leaders for the crimes reportedly committed in the Democratic Republic of Congo (DRC). Accordingly‚ this situation raises the issue of whether individual persons
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interpret statutes.” Student Number: 111242632 Candidate Number: 110855 The statute is a piece of legislature that is set out by Parliament to legislate the laws of United Kingdom to be used by the courts in legal proceedings. Though written by the Parliament‚ the duty to interpret and apply the statutes fall on the courts‚ more specifically the judges to enact the statute and interpret it to suit the proceedings. Thus in other words‚ the duty to interpret statutes fall within
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by administrative agencies‚ such as the Food and Drug Administration. And finally‚ case law and common law doctrines. In the case of a federal statute conflicting with the United States Constitution then the Constitution will take priority as it has throughout history of the U.S. Supreme Court. If a federal law is in direct conflict with a state statute‚ where the “supremacy clause” is valid‚ such as interstate commerce for example‚ then the federal law will be superior. However‚ if the federal
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