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Legislative History
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative history is used for discovering sources of information about a legislature's intent in enacting a law, although jurists disagree widely about the extent (if any) to which a statute's legislative history has bearing on the meaning of its text. Sweden Swedish courts frequently avail themselves of the legislative history ( sv, förarbeten, literally "travaux préparatoires") in interpreting the law. Valid documents of legislative history are often taken to be official government reports, the bills (''proposition'') presented by the Swedish government before the Riksdag, statements made by the responsible minister at the government session at which the bill was adopted (''regeringssammanträde''), the report on the bill by the relevant Riksdag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textualists
Textualism is a formalist theory in which the interpretation of the law is primarily based 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.Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (2001) . Definition The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and was advocated by United States Supreme Court Justices such as Hugo Black and Antonin Scalia; the latter staked out his claim in his 1997 Tanner Lecture: " tis th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." The processes of legal research vary according to the country and the legal system involved. Legal research involves tasks such as: # Finding primary sources of law, or primary authority, in a given jurisdiction ( cases, statutes, regulations, etc.). # Searching secondary authority, for background information about a legal topics. Secondary authorities can come in many forms (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum). # Searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a need fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Authority
Moral authority is authority premised on principles, or fundamental truths, which are independent of written, or positive, laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the principles of moral authority are immutable or unchangeable, although as applied to individual circumstances the dictates of moral authority for action may vary due to the exigencies of human life. These principles, which can be of metaphysical or religious nature, are considered normative for behavior, whether they are or are not also embodied in written laws, and even if the community is ignoring or violating them. Therefore, the authoritativeness or force of moral authority is applied to the conscience of each individual, who is free to act according to or against its dictates. Moral authority has thus also been defined as the "fundamental assumptions that guide our perceptions of the world". An individual or a body of people who are seen as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flotsam And Jetsam
In maritime law, flotsam'','' jetsam'','' lagan'','' and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the remains of a ship that has been wrecked—a destroyed ship at sea, whether it has sunk or is floating on the surface of the water. Overview A wreck is categorized as property belonging to no apparent owner that either sinks to the seabed or floats on the surface of the water, whether it be intentionally cast overboard or as the result of an accident. The term encompasses the hull of the vessel and its fixtures as well as any other form of object on board, such as cargo and stores, and personal effects of the crew and passengers. This also encompasses the narrower definition of salvage, that is, property that has been recovered from a wreckage, or the recovery of the ship itself. There are a number of factors that contribute to the formati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alex Kozinski
Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the United States Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to clerk for United States Supreme Court, U.S. Supreme Court justices. Kozinski's judicial career ended in 2017 when he retired after over a dozen of his former female law clerks and legal staffers accused him of sexual harassment and abusive practices. Kozinski had previously faced an ethics hearing over inappropriate sexual material. Early life Kozinski was born in July 1950 to a Romanian Jews, Romanian Jewish family in Bucharest, under the rule of the Socialist Republic of Romania. Kozinski's father, Moses, survived the Holocaust after spending four years in Transnistrian concentration camps where tens of thousands of Jews perished. His mother, Sabine, lived through the war years in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Intent
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 indeed 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. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepper V Hart
Pepper or peppers may refer to: Food and spice * Piperaceae or the pepper family, a large family of flowering plant ** Black pepper * ''Capsicum'' or pepper, a genus of flowering plants in the nightshade family Solanaceae ** Bell pepper ** Chili pepper * Sichuan pepper, a strong spice *"Alder pepper", the flower of ''Alnus alnobetula'' Music * Pepper (band), a rock-reggae band originally from Hawaii * The Peppers, a French male instrumental group * "Pepper" (song), a 1996 song by Butthole Surfers * "Pepper", an instrumental song by Linkin Park from ''LP Underground 12'' People and fictional characters * Pepper (name), a list of people and fictional characters with either the given name or surname * Peppers (name), a list of people with the surname Science and technology * Pepper (cryptography), a secret value added before hashing * Pepper (robot), a humanoid robot by Aldebaran Robotics and SoftBank Mobile * PPAPI or Pepper Plugin API, an interface for web browser plugins S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation is ambiguous or does not appear to directly, adequately address a particular issue, or appears to have been a legislative drafting error. The courts have repeatedly held that when a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. It is only when a statute could be interpreted in more than one fashion that legislative intent must be inferred from sources other than the actual text of the statute. Sources Courts frequently look at the following sources in attempting to determine the goals and purposes that the legislative body had in mind when it passed the law: * the text of the bill as proposed to the legislative body * amendments to the bill that were proposed and accepted or rejected * the rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
