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Strict construction requires a judge to apply the text only as it is expressly written, i.e., read perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison."
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.
The Strict Construction theory (the term "Strict Construction" was coined by legal scholar Adam D. Hansen in an effort to distinguish early common law cases that dealt applied a similar outcome when disinheriting slayers) [1] originated from Judge John Clinton Gray's dissent in Riggs v.
This requires statutory construction. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Strict might not be the right word when you look at other factors involved, either. That plague of parents who are scared to let their kids cross the street? More practical than harsh. Roads in ...
A building code (also building control or building regulations) is a set of rules that specify the standards for construction objects such as buildings and non-building structures. Buildings must conform to the code to obtain planning permission, usually from a local council.
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