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Deference canons instruct the court to defer to the interpretation of another institution, such as an administrative agency or Congress. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. Deference to administrative interpretations (US Chevron deference)
According to Benedict XVI, the instructions of the Magisterium regarding canon law and its interpretation are binding per se insofar as it teaches of the law. The juridically binding instructions on canonical interpretation of the Magisterium are primarily given in the allocutions of the Supreme Pontiffs to the Tribunal of the Roman Rota .
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions. Those who are versed and skilled in canon law, and professors of canon law, are called canonists [12] [13] (or colloquially, canon lawyers [12] [14]). Canon law as a sacred science is called ...
Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
[12] During oral arguments for the 2016 case, Lockhart v. United States, [13] Justice Antonin Scalia sua sponte raised the question of the rule's application: "...what I worry about is the rule of lenity. You have these dueling canons, and you have a rule that when the government sends somebody to jail for 10 years, it has to cross sharp corners.
Regulæ Juris, [1] also spelled Regulae iuris (Latin for 'Rules of Law'), were legal maxims which served as jurisprudence in Roman law. [2]The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces ...