Give an account of the main rules of statutory interpretation and Essay

Give an account of the main rules of statutory interpretation and illustrate their operation by reference to decide cases. do these rules provide a helpful guid - Essay Example When comparing legislation with common law, statutes can change the set norms of common law but the common law can not overturn or change statutes; it can be modified by a later statute. There is a common belief that law is straightforward; actually it is not so. There are three rules being practiced by judges to interpret statutes (UK Law Online). The golden rule – when literal interpretation leads to silliness, it is improvised to a less obvious meaning. Otherwise also, there could be policy implications arising out of literal interpretations. The mischief rule – It defines the issue the Act was meant to resolve and decides on the interpretation which best suites the issue. Law Commission reports and Hansard – the journal of debates in Parliament – can also be consulted to decide the problem before the Act. Smith v Hughes (1871) LR 6 QB 597 is an example of the mischief rule (UK Law Online). The literal approach is the default position that honours Parliamentary Sovereignty. It demands that judges enforce law and not make it. The purposive approach, based on the golden rule, is preferred in Europe and the ECJ while the literal approach of statutory interpretations is the preferred choice throughout in the UK (legal Easy, 2006). In certain particular social policy implementations, the like of outlawing of sex discrimination, judges need to be flexible by using a more purposive approach (the golden or mischief rules) There is the case example of Pickstone v Freeman [1988] 2 All ER 803. The above approaches have wider applications. There are certain other rules of interpretation, which come under two sub categories (UK Law Online). Rules of Language – The â€Å"eiusdem generic† rule – a Latin phrase, which means of the same kind: It states that normal words follow particular examples for getting meanings, and are not that general or ordinary after

Dividends Policy of Vodafone Assignment Example | Topics and Well Written Essays - 500 words

Dividends Policy of Vodafone - Assignment Example In addition, Dr. David Grundy aimed at introducing the main issues surrounding dividends, understanding the main concepts of dividend irrelevance and also evaluating the criticisms of M&M proposals. Corporate managers always consider the choice of dividend policy. They believe that firm value and the shareholders wealth may remain affected by decisions made on dividend policies (Baker 2009). Dividend policy is indispensable to investors because it supplies cash to firms with anticipation of eventually receiving money in return. An argument before Miller and Modigliani says that dividends are preferable to capital gains because of future gain uncertainty. Thus investors would rather have the money now than leave it tied up in uncertain investment. However, Miller and Modigliani concluded by saying that dividends are irrelevant in determining the firm value but most of the managers act as if their dividend policy is relevant (Baker, 2009). In spite of dividend policy decisions being concluded to be irrelevant, they play a big role in achieving firm value maximization. It’s true that dividends affect the value of firm shares. Nevertheless, investors prefer dividends since the dividend policy influence the MV of the company. For example, if the company pays low dividends, most probably the investors will sell those shares and buy in a company that will pay more dividends. Thus the share price would go down for the company that did not pay dividends. In short, high dividends may indicate a lack of attractive investments, and thus lower future investments returns. Likewise low dividends may indicate many attractive investments and thus better future prospects. Although market tends to be short-sighted. However, certain investors have preferences based on their income tax position. Income tax is at 10 percent, 23 percent and 40 percent while capital gains are taxed at 35 percent. This leads investors at a

Fortifying U.S. National security Essay Example | Topics and Well Written Essays - 4000 words

Fortifying U.S. National security - Essay Example To respond to the first two revolutions requires foreign policy initiatives in the Middle East and elsewhere as bold as the Marshall Plan and as encompassing as energy security. (Tucker, 2006) To create a national security strategy requires an understanding of the changing nature of conflict particularly, and that requires an understanding of the erosion of the sovereignty of nation-states. For 350 years, wars have been fought between the uniformed armies of nations with fixed borders, meeting in the field to achieve a political result. Rules evolved for these wars: Geneva conventions and a body of international law spell out the norms for humane treatment and repatriation of prisoners, the rights of noncombatants, rules against the use of torture, and so forth. Nations disintegrate; and when a nation disintegrates, as in the former Yugoslavia, geographic borders warp and sometimes evaporate. (Clancey, 2006) Indeed, part of the process of creating peace among ethnic combatants in a disintegrating nation involves drawing new boundaries and building new nations. And now, in the new age of terrorism, United States experience violence being perpetrated by combatants in civilian clothes, representing no nation, attacking civilian targets, with no political agenda, and possessing only a fanatical commitment to destruction for its own sake. When the nature of conflict changes, the means of assuring security must also change. New forms of violence resemble war, but by historic standards they are not. What is this new conflict, and how should United States deal with it United States call much of this new kind of violence terrorism. But labeling every bad actor a terrorist tempts us to embrace wretched allies on the always-dubious theory that the enemy of our enemy is our friend. On this same theory, United States supported undemocratic and repressive authoritarian oligarchies during the Cold War simply because they were opposed to communism. (Howard, 2006) United States set about assassinating foreign leaders United States did not like. The bills United States accrue from despicable allies and unprincipled policies that undermine the very principles United States claim to defend, however, always come due. In the past ten years, United States have seen a dozen or more low intensity conflicts between tribes, clans, and gangs. United States participated in some, including in Somalia, where United States experienced the painful consequences of brawling, however well intentioned, in another man's alley as memorialized in the fi lm Black Hawk Down. United States passively observed similar bloody confl icts, in Rwanda and elsewhere, where the weapon of choice, a machete, dated to the Bronze Age. (Korb, 2006) United States successfully formed a "coalition of the willing," essentially an ad hoc international posse, in Bosnia, Kosovo, and Kuwait. United States earned a quick victory in Kuwait largely due to intensive bombing and maneuver

Aproaches To Dialogue Essay Example | Topics and Well Written Essays - 4500 words

Aproaches To Dialogue - Essay Example Thus, in the last two centuries, about one third of all territorial disputes have developed into all-out confrontation and war, whereas many others were peacefully settled by means of negotiations, third-party mediation, arbitration by the International Court of Justice (ICJ), etc. (Wiegand, 2011). The long-drawn-out dispute between the United Kingdom and Argentina over the sovereignty of the Falkland/Malvinas islands – which lasted for more than 170 years, as against the average duration of ongoing territorial disputes of about 50 years (Wiegand, 2011) – denotes a notable example of the former. This paper is intended to critically review and evaluate the role of dialogue in the international context, namely in reconciliation and peace building; being based on a case study concerning the Falklands War of 1982, hence the failure of diplomacy at resolving the problem and preventing armed conflict, the paper expounds on the reasons why diplomatic efforts, including negotiations and third-party mediation, came to nothing. The Falkland archipelago is located in the South Atlantic, some three hundred miles away from the mainland South America, with a total land area of 4Â  700 square miles, and approximately 2000 inhabitants (Beck, 1988; Gibran, 1998). The East and West Falkland are the archipelago’s largest islands, with extremely irregular coastlines and a hilly land surface, separated by a fifty-mile long and ten-mile wide waterway named Falkland Sound, aka the Strait of San Carlos; the capital city, Port Stanley, with a population of some 1000 as of 1980, is on the northeast coast of the East Falkland (Beck, 1988; Gibran, 1998). Over the past century, nearly all of the inhabitants of the East and West Falkland, which have actually declined ever since 1931, were of British origin (Gibran, 1998). Ever since their discovery in the 16th century, the Falklands have been subjected to successive occupation attempts by a number of colonial powers,

DISCUSSION BOARD WEEK 6-1 Essay Example | Topics and Well Written Essays - 750 words

DISCUSSION BOARD WEEK 6-1 - Essay Example Qualitative Market Research, 14(4), 430-440. The main aspect of qualitative research method is the definition of research questions (Branthwaite, & Patterson, 2011). Qualitative methods are based on tested variables and hypothesis within the area of interest. Thus, qualitative research is based on a general research question, which can be narrowed down to the preferred research question. In addition, qualitative researchers are interested in exploring patterns that defines different research variables. Identifying patterns that define different research variables is the interesting element of qualitative research. This is because a qualitative researcher is capable of responding to research questions that cannot be addressed through the usual research techniques. This article provides basic guidelines for choosing appropriate design for my research topic. For instance, the article addresses design of research hypothesis and questions. Butler, A. C. (2010). Repeated testing produces s uperior transfer of learning relative to repeated studying. Journal of Experimental Psychology. Learning, Memory & Cognition, 36(5), 1118-1133. According to Butler (2010), qualitative research question are created in neutral and exploratory language. This enables researchers to define several variables through a single research question. ... Qualitative research address question of ‘what’ and ‘how’. These questions explain or explore a certain pattern that is related to social behavior or trend. The article provide a concrete basis for development of research questions. Ring, N., Jepson, R., & Ritchie, K. (2011). Methods of synthesizing qualitative research studies for health technology assessment. International Journal of Technology Assessment in Health Care, 27(4), 384-90. Ring, Jepson, & Ritchie (2011), explores the impacts of technology on research. The researchers explore ways in which information technology can be applied in social research. Although the study is based on health assessments, it provides a general overview of qualitative research and its application. According to the article, qualitative research has the ability to respond to research questions that cannot be answered using alternative research methods. The article examines the role of technology in cubing Medicare fraud. A ccording Ring, Jepson, & Ritchie (2011), application of information technology in healthcare centers and institutions will greatly reduce cases of Medicare fraud. Jacobson, P. D (2001). Regulating Health Care: From Self-Regulation to Self-Regulation?  Journal of Health Politics, Policy, and Law. 26 (5) 1165–78. Jacobson, P. D (2001) explore the role of the authority in regulating the health sector through appropriate ethical practices. According to the article medical fraud, signify unethical performance within health institutions. The article explores the role of healthcare professional in regulating the health sector. The article defines the different trends that characterize Medicare fraud. This provides a significant aspect

Analysis of attention defect disorder in children of usa Essay

Analysis of attention defect disorder in children of usa - Essay Example These three symptoms are hyperactivity, impulsivity, and inattention though the degree to which each of these symptoms may vary2. Inattention leads to serious difficulties in focusing one's attention on one single object: a few minutes are enough for such people to get bored with a task. Any activity, which requires deliberate, conscious attention or mental organization to effectively cope with a task, is difficult, sometimes impossible to people with ADHD. Hyperactivity results in failure to maintain calm during any long period of time. Squirming the sear, roaming around the class, wiggling feet, touching everything within the reach, doing several things at once suddenly bouncing from one activity to another - these behavioral patterns are common to hyperactive children and adolescents. And finally, impulsivity manifests in inability to control the immediate reactions and think before acting. Impulsivity makes behavior impossible to predict: interruptions of speech, word salad; runn ing into the roadway without looking around first; sharpened irritability are most common signs of impulsive behavior3. Although no direct visible correlation has been confirmed to exist between ADHD and mortality, studies suggest that ADHD is a serious risk factor that often leads to s

Business to business marketing Essay Example | Topics and Well Written Essays - 3000 words - 1

Business to business marketing - Essay Example Therefore, it is important for the marketers to get acquainted about the development and functioning of the product and visions of the company in order to get it communicated across to the customer (Armstrong & Kotler, pp. 23-29, 2008). CCS is already focusing on personal selling; therefore, the section will focus primarily on non-personal tools. Non-personal media form an important constituent of the marketing sphere and comprise of communication channels that do not involve any personal interaction with the customer. The examples of non-personal channels of marketing include â€Å"major media, atmospheres, and events† (Capon, pp. 49-53, 2008). The major media comprises of different categories. One is print media, which includes â€Å"newspapers, magazines, etc† (Capon, pp. 49-53, 2008). Another one is broadcast media, which includes marketing through radio and television. The third type of major media is display media, which includes billboards, signs, etc (Kurtz & Sn ow, pp. 56-64, 2009). Atmosphere, on the other hand are artificially designed environments, which promote the product implicitly through different factors that reinforce the customer to buy the product. Events, another type of non-personal channel are staged performances that market the product to target audiences explicitly, for instance, exhibitions and press conferences (Kurtz & Snow, pp. 56-64, 2009). The non-personal communication forms a complex cycle of communication in which the information first flows from different media like television etc to the opinion leaders, which in turn, communicate the message to target audiences. A bridge between audience and media, the opinion leaders are the direct focus of marketing techniques. Public relations (Armstrong & Kotler, pp. 67-71, 2008) also play a crucial role in non-personal method of marketing. One reason for this may be the fact that they sound more believable than other resources. Many agencies underestimate its value by using it as a post-campaign material whereas if used efficiently, its can reach out to more people than other tools of marketing can. Public relations deal with building goodwill of the company by favorable publicity and avoiding the negative one (Armstrong & Kotler, pp. 67-71, 2008). Despite of its poor use in the past because of less awareness in the arena, many agencies are taking up public relations more seriously and investing more money and human resources to its use (Capon, pp. 46-62, 2008). In order to do so, public relations departments are prevailing across the industrial sector. The tools of public relations are employed by companies to evaluate public behaviors, interests, and ways to venture into campaigns that can gauge maximum public acceptance. This signifies how important public relations is in a sense that it plays an important role in marketing by adequately judging public attitudes, exploring new areas in which ventures might be fruitful and by correct execution of pr ograms that can attract the right customers. Several resources can be used to enhance public relations. This may include â€Å"news, speeches, special seminars or gatherings, print material for instance brochures, newsletters, and annual reports† (Kurtz & Snow, pp.