Assuming that the ICC is right in its interpretation of the notions of rape and recruiting child soldier under the Rome Statute, it seems sound for the ICC to disregard customary international law based on Art. 21(1)(a) of the Rome Statute which provides for a hierarchy of applicable law....
It has shaken the very foundations of—and the principles that attend to—the proper judicial role in the construction and application of statutes in a constitutional system of separated powers. 展开 关键词: Clear Statement Rules Principle of Legality Common Law Bill of Rights ...
Many of the Supreme Court's statutory interpretation opinions reflect a jurisprudential aversion to construing statutes in a manner that will prove "messy" fordoi:10.1007/s10691-012-9196-7Anita S. KrishnakumarSocial Science Electronic Publishing...
In these hard cases, the process of interpretation becomes critical. The PP is an evident example of such a hard case. This paper aims at providing a justified normative interpretation of the PP. For the sake of this interpretative inquiry, the paper takes the PP seriously, i.e., it ...
As the soul of contract,contract freedomhas two meanings. 契约自由是契约的灵魂。 更多例句>> 4) contractual freedom 契约自由 1. An Interpretation of The Contractual Justice——The Limitation of Modern Law on the Contractual Freedom 对契约正义的一种解读——现代法律对契约自由的限制 ...
This is not an interpretation of the law either. It is clear as day.O.C.G.A. 21-2-570reads: Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for...
decisions in an attempt to demonstrate that the continued interaction among legal formants fosters the recognition of rights. The State Supreme Courts indeed seem to develop a counter-majoritarian attitude that encourages a theory of constitutional interpretation that conceives constitutions as evolving ...
Under the Court's interpretation of "neutrality" this simply means that the formal criteria for selecting students and schools to participate in the program cannot be based on religion, nor can a program skew the choice toward religious schools by, say, providing more money for students who ...
The Judge as a Fly on the Wall: Interpretive Lessons from Positive Theories of Communication and Legislation How should judges interpret statutes? Like many others, we begin with the premise that statutory interpretation is a quest by judges to use the best availa... C Boudreau,MD Mccubbins,DB...
Discussion on agency deference; Reassessment on the doctrine of judicial deference towards agency interpretation of statutes; Details on nondelegation doctrine.GrayC. BoydenTexas Review of Law & Politics