Judicial interpretation refers to the way judges or courts explain and understand the law. It involves analyzing the language and intent of legal documents, such as constitutions or statutes, to determine their meaning and how they should be applied to specific cases or situations. Essentially, it is the process through which judges give explanation and clarification to laws in order to make decisions and resolve legal disputes.
Full definition
The application of the Act to internet publications will have to come about by legislative amendment or through
judicial interpretation of statutory language drafted in a far earlier era.
However, it is in the consideration of the community sense of how legal constructions are perceived, which seems to be now recognized as a legitimate reference point
in judicial interpretation.
Third, the paper examines
recent judicial interpretations of the right to retain and instruct counsel in order to demonstrate that police officers must immediately facilitate contact with counsel.
The most
generous judicial interpretation of the voucher question could at most require that states not exclude religious schools from choice programs that are open to other private schools.
It has to be said at the outset that the statutory provisions that define and establish tax avoidance are not conducive to
easy judicial interpretation and application.
Although judicial interpretation of statutory language may have been required to resolve this issue, in my humble submission the Court of Appeal has created more uncertainties than clarity with these changes.
What changes are you looking forward to with the new
judicial interpretation on corporate law being released by PRC Supreme Court?
«However, I think the governor is perfectly entitled to seek
for judicial interpretation of his eligibility to contest another term of office.
See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a
Uniform Judicial Interpretation 323 (1994).
I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and
guiding judicial interpretation of provisions during a public emergency on the other.
I am looking forward to
more judicial interpretation on this issue and hope the courts go farther and explore the full ramifications of the Facebook «poke».
Consistent with these positions, Patrick Macklem has recently identified what is effectively a form of «creeping monism,» whereby various international obligations have been imported into the domestic legal order
through judicial interpretation of the Charter.
In some ways, the logic of costs is questionable because a matter that has to go to court, especially when each side is represented by a lawyer, usually implies that a point in law, as it framed within the facts of the case, is uncertain and
requires judicial interpretation.
Installed by Gov. George Pataki, she has the distinction of being one of only two Republicans left on a court whose credibility depends on robust expression of
varying judicial interpretations.
A complex matrix of specific statutory language and
judicial interpretations emerged out of the maelstrom of political activism over the issue that started in the late 1970s.
One of the first American judges to void a law deemed unconstitutional, Wythe's judicial opinions attempted to steer Virginia away from slavery, and in one case he even tried to abolish slavery
via judicial interpretation.»
van den Berg synthesized two reasons for the effectiveness of the Convention being in danger — the scheme of the Convention no longer corresponds to the needs of the global community; and
misguided judicial interpretation has precipitated the text beyond recognition.
[i] As such, the main question in Bosworth was whether the
same judicial interpretation would apply to a different statutory context, in this case, the Strata Property Act («SPA»).
In the Aeronautics Reference, he warned
against judicial interpretations moving slowly but surely away from the original meaning of the text — «from what has been enacted to what has been judicially said about the enactment.»
He explained that
while judicial interpretation remains an integral part of the common law system, care should be taken to ensure that the words of a statute do not become «unduly extended» and that attention is not «diverted from what has been enacted to what has been judicially said about the enactment.»
In the article, Mr. Boyajian, a business litigation lawyer in the Providence office, responds to considered amendments to the Uniform Fraudulent Transfer Act (UFTA), focusing on the
conflicting judicial interpretations that the amendments propose to resolve.
The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the Revised Case Management Order, absent
fresh judicial interpretation and methods of implementation that correct current problems.
The Tribunal found that the interpretive process adopted by the Court under the doctrine «falls well within the scope of duties that courts are asked to perform every day», and that «inconsistency in
judicial interpretation at this limited scale is to be expected.»
With the growth in governmental regulation of the employment relationship, expanding and
complex judicial interpretations of the rights of both employers and employees and the apparent rebirth of the American union movement, legal assistance in this area has become necessary for most businesses.
SCALIA AND GARNER contend that textual originalism was the dominant American method of
judicial interpretation until the middle of the twentieth century.
An analysis of the witchcraft offense in Canada follows, including an examination of the
confused judicial interpretation of the offense, and consideration of the social goals achieved by criminalizing such activity when overarching fraud offenses already exist in Canada.
A five member panel may also be required when new legislation
needs judicial interpretation or in the case of a legislative reference (see my prior posting on References) or when the appeal involves issues decided by a previous Court with a request to review that prior decision.