The law of interpretation is largely uncodified
and has pieces that can point in different directions in cases.
On Justice Scalia's watch, the Court suddenly had to confront its own capacity to imagine the shared intentions of 536 legislators on a question they never resolved, to pick the right level of generality at which to describe an uncodified
statutory purpose or a general common law tradition, to balance interests that were incommensurable, to apply multifactor tests whose factors were neither weighted nor ranked, or to draw lines that could be drawn no less justifiably here rather than there.
It should be pointed out that the legal justification of circumcision may be applied in practice by the investigation and prosecution organs and, as it may be that, exactly on this uncodified
grounds (although it happens in a tacit way), the perpetrators of causing bodily injury to infants through circumcising them are not prosecuted.
Can Arabic be translated into an uncodified
language like ours?
Common law is largely uncodified
, its application relies on precedent, whereas civil law depends on a continuously amended compilation of legal codes and statutes, whose provisions are applied by judges.
1503 (2012) (noting the inability of patents to transmit uncodified
or tacit knowledge).
In addition to the onerous escalating formal amendment rules, as well as the constitutionally uncodified
judicial and legislative requirements layered onto them, formal amendment in Canada may also be further complicated by constitutional convention.
Moreover, sprinkled throughout the document there are uncodified
rules, ones that won't make it in the code of federal regulations, that people will have to comply with in the private sector.
1) As Benn Steil and Manuel Hinds (2009: 18) observe, although the fact has been obscured by "the Napoleonic practice of codifying national law based on the Roman inheritance," Roman jurisprudence "itself shares with uncodified
English common law a genesis wholly outside the realm of political expression.
However, in case of conflict or variance, principles of Equity prevailed over uncodified
rules of Common Law.
The first is that customary practices are nearly always undocumented and uncodified
41) The Board agreed with Collins's argument, (42) but the Court of Appeals for the Eighth Circuit reversed on the ground that the tax benefit rule was an uncodified
Possibly only Whitman, who urges in "Song of Myself," "what I assume you shall assume," entreats a similar investment in a broad though uncodified
political and cultural program.
According to Jugdev (2012), to conduct an effective LL implementation is required management support, the right stakeholders should be involved and knowledge should be shared in both codified and uncodified
13) Jus post bellum ("justice after war") obligations are on the rise, and have been for the past two decades as evidenced by the emergence of new, albeit still uncodified
conventions obligating foreign intervention forces to not only wage just interventions, justly, but also to stay the intervention "beyond the warfight" as occupier on behalf of assisting in the establishment of a new social-political governance--regime rebuilding.