Sentences with phrase «on purposive»

As Randy Barnett and Even Bernick write in a their essay on purposive constitutional construction (which I reviewed here),

Only two of these are permitted by the directive and even then, their validity is dependent on a purposive construction to repair its misleading draftsmanship.

The idea of a beginning may fit the «Big Bang» theory of the origin of the universe, but the primary purpose of the Christian doctrine of creation is to affirm that the world is not self - existent but dependent on a purposive being.

Not exact matches

Thus the central and essential foundational question for me has to do with the basis on which each individual person (and each purposive community) resolves the issues of meaning and value for his or her (or its) life.

Evolutionary theory needs to take account of the interaction between short - term purposive behavior on the part of animals and the survival value of particular characteristics.

Qualitative evaluations are narrative, descriptive, and interpretive, focusing on in - depth analysis of an innovation through the use of a purposive sample.

Helpful tips on «anti - bias / multicultural» teaching include bringing in speakers from other ethnic groups, taking purposive field trips, and discussing skin color and the biases of staff members.

It draws on data collected during the 2009 - 10 school year through telephone interviews with all state Title III directors, a survey of a nationally representative sample of 1,528 Title III subgrantees, and case studies of a purposive sample of 12 districts nested within five states.

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

O'Neill relies on the distinct nature of the EU legal order, its primacy and purposive approach to interpretation and the prominent place given to individuals as subjects of EU law.

Third, which we will defer for another day, we have to offer a new and better account of labour law and its basic purpose, which fits with the specific purposive approach, does not «get in our way», and thus avoids the unnecessary problems on display in Faskens.

A purposive construction should obviously focus on the wording of a claim, obviously, but this is a far cry from saying that nothing else should be considered.

The government argued that this textual, contextual and purposive interpretation of the subsection should not be followed on the basis that the subsection does not specifically provide for the payment of interest.

It is, I think, both noteworthy and important, that Chief Justice Dickson had earlier, in Big M Drug Mart, an early Charter case on the federal Lord's Day Act, devoted considerable space to describing, elaborating and defining the meaning of «a purposive interpretation,» both at large and specifically in a constitutional context.

While not binding on human rights adjudicators, arbitral jurisprudence can raise interesting employment issues and has been used by the OHRC to inform a broad and purposive interpretation of the Code.

Second, to add belt to braces, the judgment goes on to consider in some detail the decision of the court of Appeal in the leading case of Jones v Tower Boot Co [1997] 2 All ER 406, [1997] IRLR 168, which held that a purposive interpretation is to be given to the general vicarious liability provisions in the discrimination statutes in order to achieve their aim, even at the cost of going further than the normal common law rules; this was held to be equally applicable to the parallel provisions on agency.

... [73] Anyone who undertakes a purposive construction of a patent must do so on the basis of a foundation of knowledge about the relevant art, and in particular about the state of the relevant art at the relevant time.

[72] In my respectful view, it was not appropriate for Justice Phelan to undertake his own purposive construction of the patent claims on the basis of the available record in this case.

Justice Lauwers employed a purposive analysis, relying on the Court of Appeal's holding in Bapoo v. Co-operators general insurance, which instructs courts to use a modern approach that looks at a legislative provision in its total context.

Notice # 1 instructs Examiners on the step of purposive construction prior to evaluating whether there is patentable subject matter.

Notice # 1 states that examiners only need identify the problem / solution / essential elements where their purposive construction findings «are relevant to the identification of a perceived defect» (for example on the threshold issue of patentable subject matter).

Learned counsel for the appellant, Mr. Nderitu, submitted that the Court of Appeal had failed to «adopt a normative, purposive, broad and liberal approach to the interpretation of Article 156 (4)(b)[on the representation of the national government in Court proceedings] and Clause 31 (5) of the Sixth Schedule [to] the Constitution of Kenya, 2010».

However, purposive selection of study site does leave a question on the external validity of the study for whole Nepal.

A purposive sample of English - and Spanish - speaking parents of children with cancer (N = 29) completed cognitive interviews to provide in - depth feedback on the development of the new PAT sibling modules.

We perform a comparative and descriptive study, based on cross-sectional data obtained by purposive sampling.

We adopted purposive sampling to obtain the research sample, and sample selection was based on the following three principles.