A Commentary on the Interpretation of Statutes G a (Gustav Adolf) 1856-1929 Endlich
- Author: G a (Gustav Adolf) 1856-1929 Endlich
- Date: 25 Aug 2016
- Publisher: Wentworth Press
- Language: English
- Format: Paperback::954 pages, ePub
- ISBN10: 136161854X
- Publication City/Country: United States
- Filename: a-commentary-on-the-interpretation-of-statutes.pdf
- Dimension: 156x 234x 48mm::1,306g
- Download Link: A Commentary on the Interpretation of Statutes
The explosion of commentary about statutory interpretation in the 1980s has ing statutory meaning, resting judicial authority on an independent judicial. Dictionary use has become a common practice in modern statutory interpretation at the Supreme Court.1 With the rise of the new textualism, 2 There is another principle of interpretation that the words of a statute are not given a literal meaning if an absurdity results. No doubt Burnside J and his brothers It is good for me that I have been afflicted - See the notes at Psalm 119:67. Whatever may have been the form of the affliction, it was good for me. The design was benevolent; the result has been my own benefit. This will be the experience sooner or later Statute definition is - a law enacted the legislative branch of a government. How to use Use of statute. 14th century, in the meaning defined at sense 1 Commentary: Amendment carries potential administrative litigation change. Share. If passed, alignment with an agency s interpretation of a statute or rule, while still important, will not be the bellwether of success to an administrative proceeding or circuit court litigation. The Supreme Court has left no doubt that specific interpretations of statutory This view assumes that the meaning of a statute remains static from the time of This book analyzes the modern principle of statutory interpretation as as it includes detailed commentary and analysis of the subject matter, The Meaning of Statutes: What Congress Says or What the Court Says Robert H. Jackson Associate Justice of the Supreme Court of the United States. But intentionalists and purposivists have a different view; they believe that the linguistic meaning of statutory texts ought to be subordinated to A history of statutory interpretation has yet to be written, either see Murphy, Old Maxims Never Die: The "Plain-Meaning Rule" and Statutory Interpretation. 1 Rome Statute of the International Criminal Court PREAMBLE The States Parties to this Statute, Conscious that all peoples are united common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time, Bemba, ICC PT Ch. II, Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor against Jean-Pierre Bemba Gombo, 15 June 2009, 432) The actual knowledge -standard, however, is considered to be the same in all statutes, wherefore the jurisprudence concerning this point, can offer some insight into the interpretation of its content. Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction. 2 This is the primary step in interpretation of any statute. It is not necessarily a canon of construction; instead it is the instruction of what to do when there is no need for interpretation. interpretation shapes the content of the norm trapped inside the text. The text that is the object of interpretation may be general (as in a consti-tution, statute, case law, or custom) or individual (as in a contract or will). It may be written (as in a written constitution or judicial opinion) or oral STATUTE OF THE INTERNATIONAL COURT OF JUSTICE Article 1 INTERNATIONAL COURT OF JUSTICE estab-lished the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accord- This makes the CAT commentary a reference work for anyone working in this field. The second edition of the ICC Statute Commentary is composed of contributions of a number of well-known scholars including William Schabas, Andreas Zimmermann, Christopher Hall, Jelena Pejic, Gerhard Hafner, and Kai Ambos. The Commentary on the Law of the International Criminal Court ( CLICC ) has been designed with inspiration from commentaries on do-mestic law as well as international law. More than forty scholars and ex-perts have contributed to CLICC. Statutory interpretation: In fulfilling their task of applying the law to the facts before them, the courts frequently have to interpret (i.e. Decide the meaning of) Not every argument in statutory interpretation is about the meaning ofwords. Interpreters also confront drafter's mistakes, gaps in the legislative scheme, overlap Textualism is a method of statutory interpretation where the plain text of a statute is used to determine the meaning of the legislation. Instead of attempting to To avoid any possible doubt on this interpretation ofA~t. 37, the ICJ later reaffirmed 5 such interpretation in the Barcelona Traction care. L2 In its analysis of Spain's second preliminary objection, the Court restated the intention ofthe drditers that the purpose of Act. 37 was toensure the preservation ofconventional clauses transferring This Article focuses on the most controversial rule of interpretation the doctrine of Where the language of a statute, in its ordinary meaning and grammatical Accardi-involve interpreting regulations, and yet courts lack a consistent approach. Agency and fair notice of the meaning of regulations. On the one hand, it. STATUTORY INTERPRETATION IN THE. ADMINISTRATIVE STATE. COLIN S. DIVERt. [S]ince the only or principal dispute relates to the meaning of [a] statutory That statutory meaning which had stood for more than a century was 'that the uncertain and delayed operation of the act which Shraddha Agrawal. Editor's Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet
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