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This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
A 2005 law review article by Lawrence Solan noted in passing that corpus linguistics had potential for its application to interpreting legal texts. [1] But the first systematic exploration and advocacy of applying the tools and methodologies of corpus linguistics to legal interpretive questions of law and corpus linguistics came in the fall of 2010, when the BYU Law Review published a note by ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.
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.
There’s understandable confusion over Capitol Hill lingo discussing the budget process and appropriations and spending process — which are two distinct things. This is the process that ...
An example is law prohibiting genocide. jus gentium: law of nations Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello: law in war Laws governing the conduct of parties in war. jus inter gentes: law between the ...