Interpretation and Application of Statutory Legislation Essay

Interpretation and Application of Statutory Legislation - Essay Example The statutory legislation that relates to said areas may be raised by the member as private bill shall also require the assent of Royal Queen. The example of this sort of legislation is Interpretation Act 1978 (Slapper & Kelly 89). The courts while deciding the cases of statutory legislation binds to take into consideration the prevalent laws, applicable rules and a set of precedence in similar cases for the purpose of clarity and to identify the loopholes in existing laws. The ambiguous laws need to be addressed by the parliamentarian to streamline in light of the court decision. Many rules are known as collective rules in terms of its statutory interpretation. The competent court of law applies different rules in different scenarios besides the decisions of other courts to decide the matter (Slapper & Kelly 134). The three rules as golden rule, literal rule and the mischief rule are applied by the court to assess the objective of legislation that has passed by the constitutionalist . The golden rule may be used where the literal rule leads to an absurd status. In specific situation courts do not go for interpretation of legislation (Slapper & Kelly 133). Statutes imposing taxation or penalty are subject to detailed assessment to address identified ambiguity for resolution. The statutory interpretation is generally based on three rules as mentioned herein above. Strict application of literal rule in the eyes of judges has no significance. The strict literal interpretation culminates absurdness. The golden rule outside the purview of the act, hence the court can apply mischief rule. However, English courts are more literal in their approach than in most other territorial jurisdictions (Wolfe 69). Mischief rule was favored by the Law Commission in view of the purposive approach to interpret the law. In the larger interest of justice, judges should find out the intention of parliament concerning the purpose of specific legislation. In England, mentioned rules, come to surface 200 years ago. With the assumption of role as law makers by the parliamentarians, the common law and the royal prerogative become in fructuous. Until then, the cour ts regarded statutes as an instrument to plug the holes of the common law. The law makers expect that courts should treat the exact wordings of Acts as the voice of the legislature. Here, we may cite Sussex peerage 1844 case to express the rule. The role of parliament is to enact statutory legislation to address the particular issue, which should not be in conflict of the constitution in force (Morrison 129). The intention of the law makers

Coral bleaching Essay Example | Topics and Well Written Essays - 750 words

Coral bleaching - Essay Example The coral bleaching was first noticed in the 1980’s and since then the reef has been experiencing frequent and repetitive mass bleaching. Though salinity has been effectively prominent, there is also presence of toxic chemicals, UV radiation as well as reduced temperatures. By the period 2012 to 2040, the experience with coral reef is expected to become more frequent in bleaching. This is seen as the greatest threat to the reef system in the world. The intergovernmental Panel on Climate Change (IPCC) has forecast that this will mostly be caused by the high summer temperatures which induce bleaching. Other places that will be greatly damaged by the bleaching include areas around the sea for example Indian Ocean where over 90 percent of the coral cover is lost in Seychelles, Sri Lanka, Kenya and Tanzania. Economists have also predicted mass coral bleaching occurrences in Hawaiian corals as well as warming of the ocean (Dove & Hoegh, 17). According to Raymond (2004), The International Tropical Ecosystems Symposium has therefore come up with ways of strengthening the network of marine managers. This will be achieved through engaging effective political and indigenous leadership in order to achieve sustainable management. Conservation of tropical marine and the costal ecosystems should also be improved in facing out the economical

Asset Management - Assessment 2 - orders 741163 and 741172 should be Coursework

Asset Management - Assessment 2 - orders 741163 and 741172 should be done by the same writer - Coursework Example 73). These two are considered viable considerations because they aid in analyzing the profitability of the given investment. Given the 6 projects that have been earmarked by the company, the best form of discount rate that will be preferred would be the Weighted Average Cost of Capital. This is selected against the backdrop that it helps in identifying the cost of working capital available to the company (Muller, 2002, p 36). This is done by way of calculating the individual rates at which the company is expected to execute payment on average to its securities so as to clear or finance its capital assets. The weighted average cost of capital (WACC) is preferred over others as it holds the potential of ensuring that payment of security holders are not done offhand but on an average basis to ensure that the net present value can be measured. In its generalized form, it is important to establish that the optimization of the CAPEX and OPEX are both directed at the generation of capital fund revenue for the company: only that they are to be done in two different fashions. For the 100m CAPEX, any spending decisions made on it must be one that can potentially increase the wealth or value of assets that are already in place and that will become useful beyond the given tax year (Cliff, 2009, p. 83). On the part of the 20m OPEX, it would also be expected to be used in a more value for money fashion even though they have to be used to cater for expenses that will be incurred whiles the project is underway (Investopedia, 2012). Given the prevailing background, it is strongly recommended that for the development drilling, both G-3 and G-4 be drilled in 2015. This is because of the collective wealth creation that will accrue from the two wells when drilled concurrently. For example, it is said that the value of G-1 will decline by a percentage rate of 8% per annum. What this means is that if the company would opt for periodic drilling whereby it would

Social Behavioral Change of sugery drinks Essay Example | Topics and Well Written Essays - 250 words - 1

Social Behavioral Change of sugery drinks - Essay Example s the belief that sugary drinks cause diseases including obesity and diabetes and without exercising, may cause people to be fat due to the high calories and sugar. An attitude towards water and juice being healthy is that they have low sugar and calories content and are good for the body development and health. The perception on the importance to the community is that the issue affects the community and is very important because of the rampant effects of obesity and diabetes in recent years. This affects the community through a reduction in work force and use of money to cure these diseases caused by a preference to sugary and high calories content drinks. It is important to change the behavior to taking healthy drinks that have low sugar content to ensure the people are less affected by these lifetime diseases to live a better life. The type of message that could help them change their behavior is a message that highlights the dangers or unhealthiness of sugary drinks when taken by the members of the society. This message should highlight the effects of unhealthy drinks on the body, the measures to take to avoid these effects, and the kind of steps to take in changing the behavior albeit slowly. This will allow the people to understand the dangers and despite being difficult to change the behavior, follow the guidelines in the message until they are free of habits of taking sugary

What you have learned about your own speaking style Essay

What you have learned about your own speaking style - Essay Example Organizing my ideas is one key quality that has helped me improve my overall public speaking. Before acquiring a grasp on this vital quality, there used to be a variety of incoherent ideas jumbled up in my mind. Such chaos in my mind never let me speak with confidence in public. Other people also used to experience mental strain when trying to understand me. However, logical organization of ideas in my mind before publically speaking on any subject has sufficiently resolved this problem. Because of a weak grasp on a foreign language in my initial days, I could not maintain eye contact with others while speaking to them. This has led others to jump to wrong conclusions about me many times. Connecting with the audience is critically important which calls for looking at other person in the eye. This helps to convey a clearer message to the other person. Working on this quality has also helped me to enhance my public speaking

Exam Of Economics Assignment Example | Topics and Well Written Essays - 1500 words

Exam Of Economics - Assignment Example a. The average total cost is given for the inpatient services. The economic cost of a decision depends on both the cost of the alternative chosen and the benefit that the best alternative would have provided if chosen. The given ATC does not take into consideration the cost of the alternative, i.e. where else these costs could have been incurred instead of inpatient services example, for outpatient services. The given cost can represent the accounting cost but not the opportunity cost. Thus, the costs stated represent half of the economic costs. b. The graphical representation of the average total cost curve is shown belowThe graph above illustrates that the total average cost ATC for both the hospitals is the same. However, the total cost of the two hospitals varies. The reason is evident. The cost is directly proportional to the number of patients. As ACME hospital deals with 8000 more patients than Saving grace hospital, the cost of ACME produces at a higher cost.c. The reasons fo r the higher average cost of production for ACME hospital are:- There might be higher variable costs for ACME Hospital. Inpatient services differ from patient to patient as per the requirement to overcome the given disease. This is higher will lead to a higher average total cost.- There may be declining productivity that implies higher per unit cost. This is so because the average cost is inversely proportional to the productivity- There may be higher average fixed costs, again may vary according to the output. The factor of diminishing returns is reflected in rising average cost. d. The sole basis of the comparison is to compare for profits. It is to see how much is the difference between revenues and costs for each hospital. Once, the assumption is removed, the comparative analysis will get muddled. There may be a possibility that the two hospitals operate on same fixed costs or the cost of charging patients may be the same. There will be no variable costs and only fixed costs will exist. Once that, the number of units (number of patients) will be a direct indicator of the profit and there will thus be no need for

Caribbean Economy and Haitian revolution Essay Example for Free

Caribbean Economy and Haitian revolution Essay The Revolution wrecked Haiti’s economy because it challenged the world as it was then. Slavery was the heart of a thriving system of merchant capitalism that profited Europe, devastated Africa, and propelled the expansion of the Americas. Independent Haiti had few friends. All the worlds powers sided with France against the self-proclaimed Black Republic which declared it a haven for runaway slaves. Hemmed in by slave colonies, Haiti had only one non-colonized neighbor, the slaveholding United States; which refused to recognize Haiti’s independence for decades. The Haitian Revolution of 1789-1803 transformed French Saint Domingue, one of the most productive European colonies of its day, into an independent state run by former slaves and the descendants of slaves It produced the worlds first examples of wholesale emancipation in a major slaveowning society, of colonial representation in a metropolitan assembly, and of full racial equality in a European colony. It occurred when the Atlantic slave trade was at its peak, and when slavery was an accepted institution from Canada to Chile. The slave revolt that between 1791 and 1793 laid waste the immensely wealthy colony was probably the largest and sole fully successful one there has ever been. Of all American struggles for colonial independence, the Haitian Revolution involved the greatest degree of mass mobilization, and brought the greatest degree of social and economic change. In an age of tumultuous events and world war, it seized international attention with images of apocalyptic destruction and of a new world in the making. The Black Jacobins by Trinidadian intellectual C.L.R. James remains, although written in the 1930s, the best introduction to the subject.