Statutory interpretation

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  • Business and commercial enterprise takes place within a legal context and, in the final analysis, is governed and regulated by law. One of the problems facing the person studying business activity, and the one that is specifically addressed in this book, is the fact that business enterprise takes place within a general and wide-ranging legal environment, but the student is required to have more than a passing knowledge of the legal rules and procedures which impact on business activity.

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  • The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in our democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance.

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  • Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that “abridge the freedom of speech”; the Fifth Amendment insists on “due process of law”; and the Fourteenth Amendment demands “equal protection of the laws” for all persons.

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  • This dissertation is concerned with the social policy of the Republic of Korea (ROK; South Korea, hereafter Korea) and the Republic of China on Taiwan (ROC on Taiwan, hereafter Taiwan). Using a historical comparative approach it demonstrates that there are not only differences in understanding and interpreting social policy interventions in the different countries, but there are also different factors affecting social policy development in the different countries.

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  • Th is book is a collection of essays with four main themes. Th e fi rst is criticism of the theory known as ‘common law constitutionalism’, which holds either that Parliament is not sovereign because its authority is subordinate to fundamental common law principles such as ‘the Rule of Law’, or that its sovereignty is a creature of judge-made common law, which the judges have authority to modify or repudiate ( Chapters 2 , 3 , 4 and 10 ).

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  • Any society quickly finds that it needs rules or laws to enable it to function smoothly. Consider the results if you had decided to drive to work today on the right instead of the left. People need to be able to live and go about their business in certainty, knowing that they can expect others to abide by the same rules. It is probably true that most people obey most of the rules most of the time. They may not have any precise knowledge of the actual rules which they are obeying, but that precise knowledge only becomes important when disputes arise or problems have to be...

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  • Chapter 2 provides knowledge of the resolution of private disputes. After studying this chapter, you will know: Identify sources and types of law, identify the law that takes precedence when two types of laws conflict, differentiate criminal law from civil law, differentiate schools of jurisprudence, describe the role of precedent (stare decisis), explain major techniques of statutory interpretation.

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  • Chapter 2 - The resolution of private disputes. After studying this chapter, you will know: Identify sources and types of law, identify the law that takes precedence when two types of laws conflict, differentiate criminal law from civil law, differentiate schools of jurisprudence, describe the role of precedent (stare decisis), explain major techniques of statutory interpretation.

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  • Disagreements involving environmental priorities and strategic approaches, and balancing the relative roles of compliance assistance with enforcement, contribute to the complexity and friction that come with enforcing national pollution control laws. Other contributing factors include the increasing number of statutory and related regulatory pollution control requirements (some with conflicting mandates) and the adequacy of the resources available for their implementation.

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  • These guidelines are for use by Federal organizations which process sensitive information. They are consistent with the requirements of OMB Circular A-130, Appendix III. The guidelines herein are not mandatory and binding standards. This document may be used by non-governmental organizations on a voluntary basis. It is not subject to copyright. Nothing in this document should be taken to contradict standards and guidelines made mandatory and binding upon Federal agencies by the Secretary of Commerce under his statutory authority.

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