Related Research Articles
The European Communities Act 1972, also known as the ECA 1972, was an act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom as a member state to the three European Communities (EC) – the European Economic Community, European Atomic Energy Community (Euratom), and the European Coal and Steel Community ; the EEC and ECSC subsequently became the European Union.
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg.
The Dangerous Dogs Act 1991 is an act of the Parliament of the United Kingdom prohibiting or restricting certain types of dogs and codifying the criminal offence of allowing a dog of any breed to be dangerously out of control. After a series of eleven dog attacks in 1991, Home Secretary Kenneth Baker promised "to rid the country of the menace of these fighting dogs". The Act has been controversial for failing to stem the rise of dog attacks and for focusing on a dog's breed or looks instead of an individual dog's behaviour.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organists.
In logic, a categorical proposition, or categorical statement, is a proposition that asserts or denies that all or some of the members of one category are included in another. The study of arguments using categorical statements forms an important branch of deductive reasoning that began with the Ancient Greeks.
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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
The single-subject rule is a rule in the constitutional law of some jurisdictions that stipulates that some or all types of legislation may deal with only one main issue. One purpose is to avoid complexity in acts, to avoid any hidden provisions that legislators or voters may miss when reading the proposed law. Another is to prevent legislators attaching an unpopular provision ("rider") to an unrelated popular one, whether in the hope of sneaking the unpopular one through, or in the hope of causing the popular one to be rejected.
Pepper v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation. The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
The Australian state of Victoria is regarded as one of the country's most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people.
The purposive approach is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment within the context of the law's purpose.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
Section 3 of the Human Rights Act 1998 is a provision of the United Kingdom's Human Rights Act 1998 that requires courts to interpret both primary and subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights, which are also part of the Human Rights Act 1998. This interpretation goes far beyond normal statutory interpretation, and includes past and future legislation, therefore preventing the Human Rights Act from being impliedly repealed by subsequent contradictory legislation.
The Marriage Amendment Act 2013 is an Act of Parliament in New Zealand, which since 19 August 2013, allows same-sex couples to legally marry.
Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.
The Migration Act 1958(Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."
The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.
References
- ↑ Slapper, Gary; Kelly, David (2015). The English Legal System: 2015-2016 (16th ed.). London: Routledge. p. 95. ISBN 978-1-138-82955-8.
- ↑ Renton, David (1978). "The Legislative Habits of the British Parliament". Journal of Legislation. Retrieved 2016-02-24.