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The opposite principle "everything which is not allowed is forbidden" states that an action can only be taken if it is specifically allowed. A senior English judge, Sir John Laws , stated the principles as: "For the individual citizen, everything which is not forbidden is allowed; but for public bodies, and notably government, everything which ...
Turkish provides an example of this, as indefinites in the object position are always explicitly specific or non-specific. A noun phrase with the accusative case morpheme -(y)i is necessarily interpreted as specific, as shown in this example: Ali bir piyano-yu kiralamak istiyor. Ali one piano-Acc to-rent wants "Ali wants to rent a certain piano."
If I am correct about the meaning of the Ninth Amendment, neither of these approaches is entirely correct. Rather, an assertion of a natural right (generally founded on common law or other long-standing practice) will be judicially enforceable unless there is specific and explicit positive law to the contrary.
Explicit memory refers to specific events and one’s general knowledge and understanding of the world around them,” she explains. We also measure these types of memories differently, Papazyan ...
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.
The state argued the United States Constitution did not explicitly grant Congress the power to establish banks. In 1819, the Court decided against the state of Maryland. Chief Justice Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated.
Article 16 (titled Scope and interpretation of fundamental rights and known as the "open clause of fundamental rights") of the Portuguese Constitution explicitly refers to fundamental rights not enumerated in it, but in other legal sources, reading as follows: "1. The fundamental rights enshrined in the Constitution shall not exclude any others ...
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.