protection of those human rights through its laws. Employment law is not addressed directly in the Canadian Charter of Rights and Freedoms, however, our constitutional rights and freedoms affect all aspects of our lives as Canadians. As well, other statutes - such as the Ontario Human Rights Code - must abide by the Charter and therefore conform to the equal rights of all peoples in the law and equal protection and benefit of the law. The Canadian Charter of Rights and Freedoms section 15…
To what extent has history affected New Zealand’s current constitutional system? First and foremost, a constitution is a compact document that comprises a number of articles about the State, laying down rules which State activities are supposed to follow. New Zealand constitution does not consist of a single document, unlike The United States. Instead has a form of an unwritten constitution consisting of legislation, cases, legal documents, and common law. History is one of the most important…
Judge Lord Esher stated if the word of an act is clear then you must follow them even if it manifestly leads to an absurd result . Highlighting the absurdity of the literal rule Berriman a railway worker died hit by a train whilst oiling the tracks. Statute says that compensation payable on death to those relaying or repairing track but nothing about oiling tracks, so the court decided that victims claim could not have compensation as he was not doing anything…
VII, § 706 of the Howard County Charter. Although the HCGPP is a hybrid between a local government ordinance and an administrative regulation, “[w]hen we construe an agency’s rule or regulation, ‘the principles governing our interpretation of a statute apply.’” Hranicka v. Chesapeake Surgical, Ltd., 443 Md. 289, 298 (2015) (quoting Christopher, supra, 381 Md. at 209). Accordingly, as we set out to construe the HCGPP, our analysis begins by…
“Ain’t I a Woman?” by Sojourner Truth used rhetorical strategies very effectively. Truth used rhetorical strategies effectively because her tone, text structure, figurative language, and the rhetorical devices she used let the audience know what she was feeling and why she was fighting for was she was fighting for. Truth used many rhetorical strategies in her speech but pathos, logos, ethos, allusion, juxtaposition, and pinpointing really made her argument valid and strong. Sojourner Truth’s…
A v SSHD [2005] 2 AC 68 This case, which has been brought before the House of Lords by nine men, who were issued a certificate of a suspected international terrorist under the Section 21 of the Anti – Terrorism, Crime and Security Act 2001 and who were detained under Section 23 of that Act. Their Lordships have answered the questions of law, forming the ratio decidendi. Firstly, did Article 15 apply in the Belmarsh case in order to allow the derogation from Article 5 and the suspension of…
Private Law, as the law framed under the statute can be limited to small group or specified population. The motive behind the private law characteristic is to affect only to specified group or individuals. Statues are the most crucial aspects and basic elements of the English law. These are proposed in the parliament, where debate on the proposal takes place, and when the majority of members vote and sign,then it becomes statue. Enforceability of statute is ensured by the administrative branch…
The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of…
The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of…
to the stamp and decided not to disclose this to him at the time of the sale it constitutes Fraudulent Nondisclosure. In the case that he can’t prove that Stamp Champ knew about this fact, he can try to win the lawsuit for Negligence. A victim of Fraud is entitled to recover the amount of money that he or she lost, any legal fees that had to be pay during the course of the lawsuit, and in some cases…