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Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 27 for “"statutory interpretation"”.
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Judicial Deference to Administrative Statutory Interpretation in the Modern American Administrative State
<p>The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been …
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Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State
<p>The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been …
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Re-thinking Extrinsic Materials in Statutory Interpretation: Revelations from the Legislative Process
… framework of text, context and purpose in statutory interpretation emphasises a statute as a 'speech act' authored by Parliament and so to be construed in terms of conventions about language. But this framework does not sit well with the ability of courts and other interpreters to refer to …
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Re-thinking Extrinsic Materials in Statutory Interpretation: Revelations from the Legislative Process
… framework of text, context and purpose in statutory interpretation emphasises a statute as a 'speech act' authored by Parliament and so to be construed in terms of conventions about language. But this framework does not sit well with the ability of courts and other interpreters to refer to …
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The Legacy of Anglo-American Textualism
Textualism is the doctrine of statutory interpretation propounded by a small group of US federal court judges, including the late Justice Antonin Scalia. Whilst the doctrine has attracted a great deal of scholarly attention, few have considered its historical development. In this dissertation, …
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‘Tax exceptionalism': a South African tax law perspective
… in which South African courts approach the interpretation of fiscal legislation – by asking whether, courts are developing some sort of exceptional approach in statutory interpretation when it comes to tax law? This is the crux of the concept ‘tax exceptionalism', the misconception that tax …
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Does the South African GAAR criteria of the "misuse or abuse" of a provision included in Section 80A(c)(ii) of the Income Tax Act add any value?
… international trends, for the first time ever, a Statutory Purpose Element has been included in GAAR. This Statutory Purpose Element, as included in s80A(c)(ii) of the ITA, evaluates the misuse or abuse of the provisions of the ITA as a means to identify impermissible tax avoidance arrangements. …
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Matching nature : integrated coastal zone management in the Hauraki Gulf : a thesis presented in part fulfillment of the requirements for the degree of Master of Philosophy in Resource and Environmental Planning, Massey University
… framework. Issues relate to lack of clarity, interpretation of roles, relationship building, education and promoting a culture change, cynicism about integrated management based on statutory interpretation of roles, bureaucratic interactions between central, regional and local government …
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Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008
… veil that may serve as guidelines to the interpretation and the application of the doctrine in South African law. Particularly, the English judicial approach to piercing the corporate veil will be discussed. This in turn will lead to a consideration of the question whether further …
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The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion
… impacts the use of judicial discretion in the interpretation of statutes. Judging is not static and does not happen in a vacuum. Rather, judging should change over time and respond to context as strict adherence to precedent alone may interfere with the advancement of justice. Therefore, this …
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The new constitutional law.
… concerned, as distinguished from state action, interpretation of statutes has largely taken the place of interpretation of the Constitution, and administrative rules and orders having the force of law have taken the place formerly occupied by the statutes. Except in a relatively few critical …
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The Writ of Certiorari and Its Scope, 1600-1800: For the Orderly Administration of Justice
… on certiorari using conventional principles of statutory interpretation. The overall result of their interpretations was not clearly in favour or clearly against restricting certiorari. Rather, it was guided by their desire to maintain a well-organised and controlled judiciary, subordinate to …
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REGS - a Regulatory Expert Guidance System for understanding and interpreting transportation regulations: application to Part 382 of the Federal Motor Carrier Safety Regulations
… the regulatory guidance methodology employed by statutory interpretation experts in the industry. The working environment of this system is very user-friendly. When a query is put forth requesting interpretation, the system is initiated and the user is presented with a set of choices. These …
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The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
… legislative law-making pathway. Through either statutory interpretation or the review of legislation, the courts require legislation to contain the essentials of the judicial law-making framework. From this perspective, the judicial law-making process produces the floor of the rebuilding project …
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Home Office Expenditure: A critical analysis of the applicable law governing the deductibility of home workspace expenses incurred by persons in employment - given the shift to working from home
… of the law. More complex matters relating to the interpretation of the applicable law are then highlighted and analysed in light of the applicable principles of fiscal statutory interpretation (mainly using the landmark Endumeni approach). The South African Revenue Service (‘SARS') has attempted …
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Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System
… empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This …
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Is it practically possible to comply with the qualifying interest requirement when entering into a section 42 asset-for-share transaction concerning immovable property, given the applicable time of disposal rules and the application of the Companies Act?
… requirement and furthermore attempts to adopt an interpretation in which the legislative enactments can either be reconciled or interpreted widely to ensure that the requirements of the ITA are complied with. The aim of this study and the question that the author attempted to address in its …
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Australia's Common Law Constitution
… fact that Australia lacks a constitutional or statutory charter of rights. Despite this apparent lacuna of rights protection, it has increasingly been acknowledged that the common law plays an important role in the protection of fundamental rights and freedoms in Australia. Indeed, it has been …
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Priority issues in business rescue
… considerable uncertainty with regards to the interpretation of some of its provisions, mainly due to important concepts and terms not being defined. This uncertainty has extended to the provisions dealing with the extension of finance to a corporate debtor after commencement of the business …
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