Literal Approach in UK Law
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An appraisal of the Nigerian Corrupt Practices and Other Related Offences Act 2000 as an instrument against financial crimes
Introduces the Corrupt Practices and Other Related Offences Act 2000 as a monumental attempt at social engineering in a country labelled as the most corrupt in the world. Examines the Act’s structu...... ... to curbing corruption and relatedcrimes.4It adopts an expansive approach to theissue and de®nes corruption at s. 2 simply by sayingthat it ... Should the courtsadopt a literal approach to the Act, it will be rendereduseless as a piece of legislation ... ...
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Rationalising the burden of establishing defences at criminal law in Singapore: Reconsidering Jayasena, in the wake of Eu Lim Hoklai
The reversal of the burden of proof and the imposition of a mandatory death penalty for certain offences have left the Singapore criminal justice system the subject of much rights-based criticism. ...... ... apply s. 107 of the Evidence Act (‘EA’) in its literal" sense and shift the legal burden to the accused, irrespective of\xC2" ... approach would be to examine whether the defence falls ... ...
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Editorial
... ... Both cases are problematic if a literal interpretation of the relevant legislation is adopted and clearly the courts took a purposive approach based on policy rather than a literal approach. In English v ... ...
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Academic libraries break down silos
Purpose: The purpose of this paper is to illustrate examples of the manner by which the academic library breaks down the silos on a college campus. Design/methodology/approach: Literature review a...... ... down the siloson a college campus.Design/methodology/approach –Literaturereview and commentary on this topic have been addressedby ... can and doesoffer a multitude of services that it can serve as the literal and physicalcenter of a collegecampus.Keywords Libraries, Faculty, ... ...
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Neil MacCormick, RHETORIC AND THE RULE OF LAW: A THEORY OF LEGAL REASONING Oxford: Oxford University Press (www.oup.co.uk), 2005. xvi and 287 pp. ISBN 9780198268789. £49.95.
... ... I found MacCormick's approach to statutory interpretation refreshing. Instead of assuming that statutory ... Rarely has MacCormick's – basically literal – approach failed to provide the right answer. For it is an error to ... ...
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Crime legends in a new medium
This article explores the persistence of the ‘crime legend’ genre. A case study approach was used, and three crime legends with a considerable history of public debunking were chosen: the market in...... ... A case study approach was used, and three crime legends with a considerable history of public ... and legends can be sustained in the absence of fervent or strictly literal believers. The study also revealed that specific legends are deployed to ... ...
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TAXING STATUTES ARE TAXING STATUTES: THE INTERPRETATION OF REVENUE LEGISLATION
... ... Nor does the drafting style and approach of enactments ignore the judges’ likely attitude to the ... to be fairly marked out.” *’ This concern with the literal approach could be taken to extremes, as it seems to have ... ...
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Powers of Criminal Courts (Sentencing) Act 2000; Sex Offenders Act 1997: Definition of ‘Sexual Offence’
... ... such circumstances illustrates theneed for a far more rigorous approach by the police towards the collec-tion and interpretation of such sensitive ... This passage appears to be a justication for using the literal rule ofstatutory interpretation and whilst it is normally true that this ... ...
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Structural Discrimination Unrecognised: Jones V University of Manchester
... ... of DNA profiling and such a ‘gooseberry bush approach’ as unnecessary paternalism. Structural Discrimination ... ineffective as long as the courts insist on a narrow, literal approach to the proof of indirect sex discrimination, in ... ...
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Clauses 'Defining the Risk as a Whole' and 'Risk Mitigation' Clauses under Section 11 of the Insurance Act 2015: The Shifting Tide of Crewing Warranties in Marine Insurance
As I was investigating the complexities and ambiguities arising out of Section 11 of the Insurance Act 2015, I did realize that the challenge of identifying which term qualifies as a term "defining...... ... Undoubtedly, none of the old cases gives a straightforward approach to how section 11 of the IA 2015 will be applied on crewing warranties, ... 3.1.1 Points to be addressed ... Evidently, a strict literal construction runs throughout Aikens J’s judgement. Consequently, this ... ...
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