Results 211 to 220 of about 3,099 (262)
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2005
AbstractThis chapter discusses the principle of legality. The version of legality defended here as integral to the Convention system is one that requires official action in a democratic state to be positively authorized by law. It argues that the version of legality found in the European Convention on Human Rights and the Human Rights Act fits with the
Conor Gearty
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AbstractThis chapter discusses the principle of legality. The version of legality defended here as integral to the Convention system is one that requires official action in a democratic state to be positively authorized by law. It argues that the version of legality found in the European Convention on Human Rights and the Human Rights Act fits with the
Conor Gearty
exaly +2 more sources
Abstract It is a well-known tenet of public law that judges must interpret a statute consistently with common law rights and principles, unless that statute uses ‘clear and express’ language to license the violation of such rights and principles. This is the ‘principle of legality’.
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Rivista di filosofia del diritto, 2020
The distinction between rules and principles is intuitive, but it’s also hard to explain. All the theories that have tried to draw a distinction between rules and principles show flaws: they work in some cases but not in all. Therefore, they can be valid as rules of thumb, but not as general criteria.
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The distinction between rules and principles is intuitive, but it’s also hard to explain. All the theories that have tried to draw a distinction between rules and principles show flaws: they work in some cases but not in all. Therefore, they can be valid as rules of thumb, but not as general criteria.
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SSRN Electronic Journal, 2017
Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that ...
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Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that ...
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The Cambridge Law Journal, 2020
AbstractThis article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention.
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AbstractThis article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention.
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The Principle of Legal Certainty as a Principle of Economic Efficiency
SSRN Electronic Journal, 2013Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible ...
Portuese, Aurelien +2 more
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Legal Principles and Legal Theory
Ratio Juris, 1997Current legal theory is concerned with the presence of principles in law partly because they are at the core of Dworkin's criticisms of Hart's rule of recognition. Hart's theory is threatened by the possibility that the identification of some principles follows an extremely relaxed rule of recognition, or even no rule at all. Unfortunately, there is no
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Basic Medical Legal Principles
Clinics in Plastic Surgery, 1999A contract exists, either expressed or implied, between the physician and the patient. If a duty of care was owed by the physician to the patient and the standard of care was violated, resulting in the patients' injury, then the damages, injury, or loss the patient suffered can be compensated.
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Key legal principles for hospitalists
The American Journal of Medicine, 2001In a hospitalist system, when a patient leaves the hospital, he or she will return to a primary care provider (PCP) for follow-up and continuing care. The hand-off after discharge can compromise communication with the PCP. Physicians have a legal duty to provide follow-up care to patients with whom they have a relationship.
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The autopsy: legal and ethical principles
Pathology, 2002Recent controversies both in Australia and overseas have focused public attention on autopsy practice. It has become apparent that there is an increasing expectation amongst the public for more detailed information concerning autopsy procedures and, in particular, tissue retention.
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