country should be run‚ hence the length and vagueness of the document. Among these debates was the issue of the judiciary branch. Many believed that a branch whose members were not publicly elected‚ and thus not representing the will of the people‚ garnered more authority and power than the others. In response to such criticism‚ Alexander Hamilton wrote the Federalist 78‚ in which he said the courts as outlined by the constitution are the weakest branch of government because‚ "It [Judiciary Branch]
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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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English 12 AP In the play Hamlet‚ Prince Hamlet gave the one of most important soliloquy ever “To be‚ or not to be: that is the question:” this soliloquy is one of the best ever because of its location in the play and the devices and structures‚ Shakespeare used to amplify its meaning. The soliloquy is located in the Act 3‚ Scene 1‚ lines 64 to 98 and during the soliloquy‚ Hamlet is very troubled and in distressed about his future. Shakespeare magnified the placement of the soliloquy because first
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RULES GOVERNING SHIPMENT BY SEA: HAGUE RULES‚ HAGUE-VISBY RULES AND HAMBURG RULES The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel‚ ‘The Morviken’‚ belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1‚250 ($250) which was less than the 10
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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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THE NEW AUSTRALIAN RECOGNITION POLICY IN COMPARATIVE PERSPECTIVE BY HILARY CHARLESWORTH* 1. INTRODUCTION Until recently‚ the recognition of foreign governments played a role of some consequence in Australian foreign policy. In January 1988 the then Australian Minister for Foreign Affairs and Trade‚ Bill Hayden‚ announced a Cabinet decision to alter Australian practice with respect to recognition: Australia would continue to recognize states but would nolonger formally recognize governments
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Precedents INTRODUCTION It is very difficult‚ if not impossible‚ to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law‚ in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted‚ although not widely believed‚ definition of Law is of that given by Austin according to which Law is the command of the
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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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ContentsIntroductionCourt DetailsThe Subject Matter of the CaseLayout of the Court and Roles of Court ParticipantsInteresting ObservationsDegree of formality in the court proceedingHow the evidence was presentedUnderstanding the Happening of a Court Room8Understanding Court ProcessReflection of Court Experience9Reference ListIntroduction:This is a report describing an observation of a criminal court proceeding that I attended at Brisbane District Court‚ Queensland. In this report I will state the kind of hearing
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REASONING AND INTERPRETATION – Practice questions 1. Understanding the ecological mechanism that causes extinction is fundamental to conservation as not all organisms are threatened by the same factors. A total of 1012 threatened bird species in 95 families were studied to see how they were threatened by different factors: · habitat loss · persecution by humans and introduced predators · other factors (introduced competitors‚ hybridization and disease) and unknown risk factors. Scientists investigated
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