Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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STATUTORY COUNCILS Labour Relations Act 28 of 1956 includes as one of the aims of the Act‚ the prevention and settlement of disputes between employers and employees. Industrial councils were the primary institution for collective bargaining; generally they were system that involved a form of centralised bargaining in a particular industry or segment of an industry (Alan Rycroft‚ Barney Jordaan‚ 1992:146) Industrial councils consisted of representatives from one or more employer parties and one
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STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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Statutory provision is legal care that has to be available by law. This law states that all children between the ages of 5-16 should be educated. Children aged 3-4 also have an entitlement to education/childcare. 2 year olds can also be eligible in some cases however they will receive fewer hours. School is an example of statutory care. The local authority and government have to provide them. In statutory provisions the staffs to pupil’s ratio is 1:8 for children aged 3-5 years old. All 3-4 year
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behind this request is that the employee wants a higher take home package. [ He will get his the amount from his reduced PF deductions plus the employer’s reduced contributions as increased take home (net) sal.] What are the implications from a statutory standpoint to implementing this change? Appreciate some inputs on this Regards Dear All‚ As per statute the company is bound to pay PF contribution upto rs 6500/- but beyond the said amount it is absolutely company’s discretion to pay or not
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enable they deliberated on this issue in Hong Kong. And early 2000s in Hong Kong‚ most of the lower class and low-skilled industries are in low level of wage‚ therefore some people in society had some opinion to The Legislative Council relating to statutory minimum wage‚ as a way to protect blue collar of life. In 2006-2007 Policy Address‚ protecting labour rights is one of the highlights‚ the Government launch a Wage Protection Movement for employees in the cleansing and guarding services sectors
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Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out. The interpretation may form a precedent for future cases. Statutory interpretation can become a problem due to: The complexity of the English language a word may have several meaning‚ which can lead
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For many years statutory rape has been a main issue across the whole United States. There are many different and types of statutory rapes depending on what state it was committed in and exact details of the encounter. Now we do not believe in all types of statutory rape being right because there are all different kinds of them as we have said before. some of them are where innocent minors have been tortured and harmed purposely and we grieve and pray for them‚ but the ones who allowed it are the
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D1) A primary school for children aged between 5 and 7 years provides education for all children. A non private primary school is a statutory setting witch means that it has been past by law by parliament‚ this means they have pasted a law to say that the service either must or can be provided by them. Primary school setting must follow the national curriculum witch is what the school must teach the children literacy‚ numeracy‚ and science this is what the school should provide for the children
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