Purposive interpretation - Open Access .click

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Leaving Labour Law’s Pragmatic and Purposive Fortress Behind: Canadian Union Successor Rights Law as a Case Study

Osgoode Hall Law Journal, 2016
In this article, I analyze a series of Canadian cases on union successor rights defining the circumstances in which labour rights should be transferred to a successor entity in the context of business sales, restructuring and subcontracting.
Pascal McDougall
doaj +1 more source

‘We Are Australia’: Unpacking Aboriginal and Torres Strait Islander People's Understandings and Experiences of Australian Identity

Australian Journal of Social Issues, EarlyView.
ABSTRACT Aboriginal and Torres Strait Islander people are the oldest living custodians in the world. However, Australian identity has been purposefully established to exclude Aboriginal and Torres Strait Islander people, contributing to systemic oppression and harmful consequences. Understanding the perspectives and experiences of Aboriginal and Torres
Jack Farrugia, Jonathan Bullen
wiley +1 more source

State’s Positive Obligations in the System of Doctrinal Approaches to the Interpretation and Application of the European Convention of Human Rights

Теорія і практика правознавства, 2016
Problem setting. According to the Law of Ukraine # 3477-IV «On implementation of judgments and application of the case-law of the European Court of Human Rights», 23.02.2006 (Art. 17) the courts of Ukraine apply the Convention for the Protection of Human
Г. О. Христова
doaj +1 more source

Barriers and Enablers for Effective Support Coordination in the National Disability Insurance Scheme

Australian Journal of Social Issues, EarlyView.
ABSTRACT Support coordinators act as intermediaries between the National Disability Insurance Scheme (NDIS) and participants, facilitating access to funded supports. To optimise outcomes, they must navigate NDIS complexities, identify services that meet individual needs and engage with diverse stakeholders.
Sharyn McDonald +3 more
wiley +1 more source

Endumeni and Water Trading in the Superior Courts: Falling Short of a Unitary Approach to Statutory Interpretation

Potchefstroom Electronic Law Journal
This article critiques recent decisions on water trading in the superior courts in light of the approach to statutory interpretation set out in Natal Joint Municipal Pension Fund v Endumeni Municipality (2012 (4) SA 593 (SCA)).
Tracy-Lynn Field
doaj +1 more source

How Are Australian Local Governments Responding to the Homelessness Crisis? Findings From a National Study

Australian Journal of Social Issues, EarlyView.
ABSTRACT Australian local governments are facing intensifying pressures to respond to worsening visible homelessness. This paper presents one of the first national studies on how local governments are responding to these pressures, and the first since the onset of the post‐pandemic housing crisis.
Andrew Clarke +3 more
wiley +1 more source

Ventriloquism and the Verbal Icon: A Comment on Professor Hogg's "The Charter and American Theories of Interpretation"

Osgoode Hall Law Journal, 1988
In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance.
Richard F. Devlin
doaj +1 more source

Public Attitudes Toward Compassionate Release of Older People From Prison: Findings From a National Survey in Australia

Australian Journal of Social Issues, EarlyView.
ABSTRACT The rapid increase in older people in prison populations worldwide is generating significant health, cost, and human rights pressures on custodial systems. Compassionate release for older, frail inmates is a potentially effective response, yet little is known about public support for this approach.
Ye In (Jane) Hwang +3 more
wiley +1 more source

Automated observation: heart rate variability and its relationship with performance-related psychological variables in young swimmers

Anales de Psicologia, 2017
Correct interpretation of performance markers from a psychophysiological perspective is important in young developing athletes. This study had two objectives.
Jesús M. Ortigosa-Márquez +4 more
doaj +1 more source

Identifying the Service Requirements for Primary Sexual Assault Medical Care and Forensic Evidence Collection in a Remote First Nations Community

Australian Journal of Social Issues, EarlyView.
ABSTRACT First Nations female sexual assault survivors in remote Northern Territory (NT) face significant barriers accessing place‐based medical care and forensic evidence collection, subsequently requiring evacuation to specialist services. Using decolonising Participatory Action Research methods, this study identified the workforce, training, and ...
Theresa Clasquin +7 more
wiley +1 more source

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