Sentences with phrase «legislative intention»

Second, although Sales invokes the modified ultra vires doctrine (of which I am an advocate), I am not certain that his argument accurately captures the nature of the relationship between legislative intention and rule - of - law principles (of which proportionality might be considered one) envisaged by that doctrine.
The legislative intention is that these savings plans be used for the longer term liabilities of retirement and therefore from a asset management perspective be matched with longer term assets.
The search for the legislative intention in the
The search for the legislative intention in the context of criminal justice legislation makes unreasonable demands on the intellectual efforts of judges and lawyers.
Legislative intention is one thing the courts consider, however, it is not the only thing - they also consider what the law actually says and what that means within current society.
In the UK, legislative intention is specifically excluded from judicial consideration, to the point where Hansard is not admissible evidence.
Mr. Heywood argued that the section infringed his rights under Section 7 of the Charter and overstepped its legislative intention, namely the protection of children from sexual predators.
The majority differs from the dissenting view principally on the basis of the weight attached to legislative intention; it is no accident, say Kay and Pitchford LJJ, that the grant of draconian powers deemed to be necessary to combat terrorism is couched in a procedure where judicial supervision is limited.
[25] While I doubt the legislative intention was to create by this somewhat convoluted statutory route what would be thousands of miles of unmarked and ill - defined bicycle lanes across the province, I do not consider s. 158 (1)(b) constitutes an applicable exception to the prohibition against passing on the right in any event.
Given the legislative intention, it seems harsh and even punitive to not only deny a plaintiff, who has been found substantially not at fault in a motor vehicle collision and awarded damages for losses sustained, no - fault benefits but also to deduct the amount of his or her potential entitlement to Part 7 from the tort award.
-LSB--RSB- It is plain that the legislative intention is to prevent double recovery, that is, to prevent a plaintiff from recovering the same amount of monies both by way of the defendant through a tort action and by way of no - fault insurance coverage.
The central difference is that, in Australia, these factors are explicitly linked to Parliament's intention (noting that Australian courts now consider «intention'to be a metaphor for the meaning produced by the application of the principles of statutory construction), while in Canada there is not a direct connection with statutory interpretation or legislative intention.
He wrote: «The statutory prescription and authorization for copying the plans of survey strongly suggests a legislative intention that «property of the Crown» as used in these statutory provisions includes copyright.»
On an ordinary approach to statutory interpretation, courts require very plain words to reveal a legislative intention to abrogate rights of private property.
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