Sentences with phrase «interpretation which»

Justice Kirby generally agreed with the joint reasons, but he gave a separate judgment in which he discussed many of the principles of statutory interpretation which supported his reasoning in Griffiths (see above).
The court stated that it has been long established that there is but one principle or approach to statutory interpretation which is that the words of the statute are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of the enacting legislative body.
NIT - PICKING (1): MEANING OF «SOLELY» Sharma And Others (Appellants) v Manchester City Council (Respondent)[2008] IRLR 336, is potentially an important decision for the application of the Part - time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), disapproving an interpretation which could have seriously limited that application.
Having concluded that, as a matter of empirical fact (on which more below), the fees at issue deter substantial numbers of people from pursuing their claims, the Court asked itself whether «the text of» the statute pursuant to which the fees were imposed by the executive, «but also the constitutional principles which underlie the text, and the principles of statutory interpretation which give effect to those principles» [65] provided authority for setting the fees at their current level.
Parental authority is a «right of custody» as defined in Article 5 and also in the Quebec interpretation which fits the sense of the language in the Convention.
@elikakohen Parental authority is a «right of custody» as defined in Article 5 and in the Quebec interpretation which fits the sense of the language in the Convention.
I can't think of any principled rule of statutory interpretation which would allow one to interpret the word «employment» to include an equity partner under any circumstances.
The very language of the Smith Act negates the interpretation which petitioners would have us impose on that Act.
Furthermore, there is possibly a hint that she, as the Divisional Court below her did, may seek to approach the Article 50 case as very much a question of statutory interpretation — «rules of statutory interpretation which govern the way in which we read legislation and enable us to safeguard fundamental rights and the rule law.»
a) failed to interpret the Act in accordance with the modern principle of statutory interpretation which requires examination of what is necessarily implied by the words chosen in 1992 by the Yukon Legislature in light of the context, purpose, and intention of the Act and generally accepted principles of workers» compensation;
The question of subjective assessment and interpretation which is the essence of opinion evidence hardly enters into the matter at all.
That being so, the question is whether, as a result of this occasio, the Union judicature must interpret, with inevitably general consequences, the scope of the ne bis in idem principle in Swedish law, an interpretation which must take priority over the one which is derived from Sweden's constitutional structure and international obligations.
Rather than applying the ordinary meaning to plain language and seeking to uphold the democratic decision of the voters who elected the Mayor, by construing the MCIA «strictly» and by searching for a «reasonable interpretation which will avoid a penalty,» Hackland RSJ did the opposite of what the law demands,» write Ford's lawyers.
There is an added dimension of statutory interpretation which could mean that because of the word «and» between the two situations when the powers are permitted to be exercised (i.e. making laws and exposing corruption), the power is in fact only exercisable when both circumstances are present.
It's a sensible interpretation which doesn't require assuming some fault on his part.
Where did we get the idea that the data is the thing we are supposed to be proprietary about; Rather than the experimental design and the interpretation which are the actual intellectual property?
As it comes from a qualified person, I would take the interpretation which is more consistent with the range of scientific perspectives, albeit toward the lower end of said range.
aTTP — So you're willing to ignore the context of the «1 % to 2 %» statement in order to force an interpretation which makes the statement inconsistent with other information in the article, and thereby argue that the article is «nonsense».
So you're willing to ignore the context of the «1 % to 2 %» statement in order to force an interpretation which makes the statement inconsistent with other information in the article, and thereby argue that the article is «nonsense».
Motivated by the desire for absolute validity he presented neither an objective description nor a poetic atmospheric image, but a subjective symbolic interpretation which portrayed nature's perpetual renewal, regularity and simplicity.
However one cool feature of the game is the ability to select between pixel - art graphics for that classic - retro look or a revamped modern interpretation which does look quite good.
The University of Minnesota Canine Genetics Laboratory website also contains a portable document format (pdf) form detailing IM: Inflammatory Myopathy (Myositis) Test Result Interpretation which reveals, amongst other details, that both parents must be carriers to produce affected offspring.
Furthermore, Custom Case - study assignment writing need conceptualization of all the evident facts, detailed analysis of the facts, discussion and interpretation which results in clearing up the present conditions or situations.
However one cool feature of the game is the ability to select between pixel - art graphics for that classic - retro look or a revamped modern interpretation which does look quite good.
However, there was some ambiguity in the way the President's outyear plans were presented in his March budget, and this allows for a different interpretation which results in somewhat smaller adjustments to discretionary spending, including R&D, after FY 2000.
Alexander Hamilton, only after the Constitution had been ratified, argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.
That is the framework of current interpretation which will necessarily be disestablishmentarian, i.e. not part of the Establishment of church, monarch, and money.
Writings and artifacts are always subject to interpretation which, in turn, depends on what the scholar sees or chooses not to see or fails to see because it does not conform to the model he has in mind.
It is covenant in this interpretation which is recounted in Genesis 17 (P), where Israel's commitment is sealed in the rite of circumcision.
This is evident also when in the activity of Buddha's instructing the disciples, a strict distance is kept which seems to deny the later interpretation which the members of the «Great Church» were inclined to apply to the master.
My contention that the propositional element in religious assertions consists of stories interpreted as straightforwardly empirical propositions which are not, generally speaking, believed to be true has the great advantage of imposing no restriction whatever upon the empirical interpretation which can be put upon the stories.
He charges empiricists with having committed the Fallacy of Misplaced Concreteness by giving us an interpretation which isolates the immediate sensory contents from their total role within experience.
Thus the idea of tsimtsum, or the self - limitation of God, is given a metaphorical rather than a literal interpretation which enables it to coexist with the strongest possible emphasis on the immanence of God, or God's Glory, in all things.
It has, however, recently been challenged by an interpretation which convincingly argues that Whitehead's concept of actual entities and their process of feeling constitutes an analysis of the nature and structure of «any concrete existent whatsoever».13 And in the present context this means that actual entities and their process of feeling are not to be conceived as a substratum from which the empirical world is derived.
I ventured an interpretation at that time, and, now that the theory of objects has been discussed at least in its broader outlines, I choose to return to a brief support of the interpretation which I then put forth.
The objection that this means subordinating the interpretation of Christianity to a discipline intrinsically alien to it has already been given preliminary attention, but it must now be reconsidered in the light of the particular objection that it is the existentialist interpretation which results in the subordination of the Kerygma to philosophy.
Those who say the Bible does not teach homosexual practice is wrong are simply engaging in hermeneutical gymnastics, in which they embrace a revisionist interpretation which is completely alien to the original meaning of the text.
The interpretation which I am about to put forward must therefore not be regarded as «accepted».
We have seen in a previous lecture that process - thought is not content with the kind of dichotomy between fact and interpretation which has long been popular in some rationalist circles.
The shepherds checked out the message, found the sign, the babe lying in a manger, and shared the interpretation which they had given.
The biblical history is meaningful, because of the interpretation of events supplied by the Word of God through prophetic men — an interpretation which, as we have seen, is itself creative of events.
This is clearest in in his portrayal of the Elizabethan settlement as a deliberate via media between Protestantism and Catholicism, an interpretation which has been the target of much of the best writing about the period for more than twenty years.
It was Weaver's rather than Shannon's interpretation which became fashionable, and the new word «negentropy» was invented to mean «quantity of information or negative entropy.»
I think, too, that the dogmatic interpretation which you give of the Incarnation is very narrow.
To me it appears not misleading to see, in this ontological egocentricity, a natural first pre-form of that statement of interpretation which Whitehead has brought to a new importance with his «reformed subjectivist principle» on an entirely different, theoretical level — and, therewith, naturally under completely different conditions (PR 160/186).
Their writings (and she says it almost like this) «create a framework of interpretation which can provide overall orientation for human life» — which is Gordon Kaufman's view of the function of theology.
(The interpretation which K. Barth (Die Kirchliche Dogmatik, III, 2, p. 778) gives of the «sleeping», as if this term conveyed only the «impression» of a peaceful going to sleep which those surviving have, finds no support in the New Testament.
Their theories do not directly «create a framework of interpretation which can provide an overall orientation for human life» for most of us ordinary people.
It was to bring out this difference that the distinction was drawn between Weltbild and Weltanschauung, the former representing a trans - subjective, scientific fact, and the latter man's subjective interpretation of himself, an interpretation which is quite independent of the Weltbild.
For me, it is clear that Cyprian's interpretations of scripture can be understood when we ascribe to him a technique of Scriptural interpretation which can be characterised as attributed implicit theological disclosure.
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