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A statute is presumed not to remove an individual's liberty, vested rights, or property. [3] A statute is presumed not to apply to the Crown. A statute is presumed not to empower a person to commit a criminal offence. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory": Shaw v DPP). [4]
Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. [8] Chevron treats Congressional silence or ambiguity in a statute as an implicit delegation of authority to the agency entrusted to implement the ...
According to Professor Popkin, Chief Justice John Marshall imposed a clear statement rule: "where fundamental values were at stake, statutes would not be interpreted to impair such values, absent a clear statement in the legislation.” [2] Indeed, Marshall wrote in 1805 that "Where fundamental principles are overthrown, when the general system ...
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. This is because constitutionally permissible activity may not be chilled because of a statute's vagueness (either because the statute is a penal statute with criminal or quasi-criminal civil penalties, or because the interest invaded by the vague law is ...
In the United States, most jurisdictions have enacted a slayer statute, [8] which codifies the rule and supplies additional conditions. Such laws have sometimes been construed narrowly because the relevant statutes are criminal in nature, and serve to take away someone's rights that are otherwise afforded by law. Interpreted this way, a slayer ...
Larry Solum, Professor of Law at Georgetown University, expands on this premise: Some laws are meant for all citizens (e.g., criminal statutes) and some are meant only for specialists (e.g., some sections of the tax code). A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel.
A G1 (Minor) watch has been issued for 28 Nov and a G2 (Moderate) watch was issued for 29 Nov due to the arrival of a CME associated with a filament eruption that took off the Sun late on 25 Nov ...
"(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination[; and] (2) except as provided ...