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Artículos de revistas sobre el tema "Legislation interpretation"

Autor: Grafiati

Publicado: 28 de mayo de 2022

Última modificación: 30 de julio de 2025

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1

Goldsworthy, Jeffrey, and Jeremy Waldron. "Legislation, Interpretation, and Judicial Review." University of Toronto Law Journal 51, no. 1 (2001): 75. http://dx.doi.org/10.2307/825957.

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2

Keyes, John Mark. "Methodology for Interpreting Constitutional Legislation: Crucially Different or Much the Same?" Revue générale de droit 54 (2024): 99–147. https://doi.org/10.7202/1118441ar.

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This article considers whether the methodology for interpreting legislation that forms part of the Constitution of Canada is the same as or different from the methodology for interpreting other legislation. Former Chief Justice Dickson’s characterization of the interpretation of the Constitution as “crucially different from that of construing a statute” has had a significant effect on constitutional jurisprudence, but in what sense is it different and have these differences been overstated? This article begins by examining the features of constitutional legislation Dickson mentions and conclud

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3

Risal, Shoumya, and Manish Khanal. "Parliamentary Verbatim in Nepal: The Role of Records in Judicial Interpretation." Samsad Journal संसद जर्नल 2, no. 1 (2025): 210–30. https://doi.org/10.3126/sj.v2i1.79857.

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Imagine a courtroom scenario in which the judge explores the discussions, disputes, and compromises that gave rise to the legislation straight out of the halls of the Parliament, rather than only relying on the language of the law. This is the power of parliamentary records, such as the well-known Parliamentary verbatim, which provide a window into the legislative soul by exposing the legislation's underlying meaning and essence and the legislators' intents. Currently, Nepal does not have an extensive record of its legislative history. This essay examines the significant ramifications of this

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4

Zhigitov, Alexandr. "Creative and Intellectual Principles in the Interpretation of Law." Journal of Russian Law 28, no. 10 (2024): 144. https://doi.org/10.61205/s160565900029886-8.

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Faced with the developing practice of creating judicial doctrines, legal scholars are forced to admit one way or another that gaps, errors, omissions in legislative regulation can be filled and eliminated by courts through interpretation. In this regard, the question inevitably arises about the essential characteristics of interpretation, especially about the presence of law-giving properties in it. In other words, to what extent is the court free to adapt legislation in this way? Is his clarification of legal norms law-making? How can we assess the courts&apos; change in the interpretatio

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5

Birunga, Odethie. "Statutory Interpretation in Multilingual Jurisdictions." European Journal of Law Reform 15, no. 3 (2013): 237–66. https://doi.org/10.5553/ejl/138723702013015003005.

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Statutory Interpretation in Multilingual Jurisdictions Considering that every piece of legislation is subject to legal interpretation, its practicability depends highly on successful interpretation. In any legislation drafted in more than one language, divergence in meanings of versions is not only possible, but inevitable. It is not a simple task to draft in a way so that contexts are translated and included in all different language versions so that it becomes one meaningful legislation. While relying on one version only in the course of interpreting a piece of legislation may sound a lot ea

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6

Choi, Dae-Hyeon. "Reconciling Statutory Interpretation with Legislation: The MOLEG’s Statutory Interpretation of the So-called ‘Yellow Bus Case’." Center for Legislative Studies, Gyeongin National University of Education 4 (December 30, 2023): 1–24. http://dx.doi.org/10.58555/li.2023.4.1.

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In 2022, The Ministry of Government Legislation(MOLEG) received a request for an official interpretation of Article 2, Paragraph 23 of the former Road Traffic Act. The reason for the official interpretation was that according to the legislative history and purpose of the revision of the Road Traffic Act, the scope of protection had been expanded, and therefore, the conceptual indicator of “children’s school buses”, which are “used for commuting, etc. of children”, included field trips in emergency situations. Thus, the reporting requirement for children’s school buses was deemed applicable. Th

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7

Millett, Timothy. "Rules of Interpretation of E.E.C. Legislation." Statute Law Review 10, no. 3 (1989): 163–82. http://dx.doi.org/10.1093/slr/10.3.163.

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8

Rademacher, Timo. "Reading Up or Down EU Legislation: A Plea for a Principled Approach to an Extraordinary Judicial Power." European Public Law 23, Issue 2 (2017): 319–46. http://dx.doi.org/10.54648/euro2017020.

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When courts apply the technique of purposive legislative interpretation there will be cases in which the result of that interpretation cannot be reconciled with the literal meaning of the statute. Confronted with such a situation, the CJEU tends to give prevalence to the purposive interpretation, i.e. to read up or down legislation it deems to be literally deficient. At the same time the Court recognizes that individuals, under the principle of legal certainty and predictability, are entitled, in principle, to rely on the wording of legislation. The Court has yet to develop a principled approa

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9

SLABKO, K. "PROBLEMS OF LEGISLATIVE INTERPRETATION OF RECRUITING SERVICES IN THE LEGISLATION OF UKRAINE." Scientific Journal of Public and Private Law, no. 4 (2023): 68–73. http://dx.doi.org/10.32844/2618-1258.2023.4.12.

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10

Kremnitzer, Mordechai. "Interpretation in Criminal Law." Israel Law Review 21, no. 3-4 (1986): 358–87. http://dx.doi.org/10.1017/s0021223700009195.

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In recent years a new trend has appeared in decisions of the Supreme Court concerning the interpretation of criminal prohibitions. According to this trend – which will be analysed in the course of this article – a penal statute must be interpreted in the same way as every other statute, there being no rule of restrictive interpretation particular to criminal law. The interpreter must choose that interpretative option which best realizes the objective of the legislation, even when that option is based on the irregular and secondary meaning of the words. The legislative objective is often identi

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11

Yakymenko, T. S. "Interpretive legislation: comparative legal analysis." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 71–79. http://dx.doi.org/10.24144/2788-6018.2023.05.10.

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The author tries to show and explain a rather controversial legal mechanism called "authentic interpretation” of legal norms or "interpretative legislation”. By showing a comparative overview of different legal systems in Romano-German and Common law families, the author wants readers to guess whether interpreting laws (statutes, by-laws) with retrospective power is purely a judicial task. Why have we gotten used to thinking this way, and what in the separation of powers thesis excludes lawmakers from the authority to interpret their laws? At the same time, it is mentioned that the retrospecti

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12

Shevchenko, A., V. Antoshkina, and M. Dei. "Features of unilateral deals interpretation." Fundamental and applied researches in practice of leading scientific schools 37, no. 1 (2020): 48–51. http://dx.doi.org/10.33531/farplss.2020.1.7.

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Іn this paper the object of the research is unilateral deals from the point of view of their content interpretation. The authors study the contents and features of the interpretation of unilateral deals. Identify existing methods and rules of interpretation of unilateral deals. Analyzed the jurisprudence concerning the interpretation application of certain provisions of the civil law in relation to unilateral deals. In general, the legislation of Ukraine in the studied aspect is slightly different from the legislation of other countries. It can even be recognized that the domestic system

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13

Hutzinger, Zoltán. "Preambulum az idegenjogi szakigazgatás rendszerében." Belügyi Szemle 72, no. 7 (2024): 1167–85. http://dx.doi.org/10.38146/bsz-ajia.2024.v72.i7.pp1167-1185.

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Aim: The aim of this paper is to present - in addition to the preambles of the legislation on alien policy from 1903 to the present day - the preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals. Methodology: This study considers the practice of the specifications of the preambles of the legislations on the entry and residence of foreigners, and compares, according to grammatical and logical criteria, the certain sentences of the introductory text of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals with

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14

Романов, Александр, and Alyeksandr Romanov. "LEGAL AND LOGIC PROBLEMS IN INTERPRETATION OF LEGISLATION." Advances in Law Studies 4, no. 2 (2016): 77–84. http://dx.doi.org/10.12737/19407.

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Legislation promulgated by the State has not only textual but also legal nature. Any text, including such as legislation one, needs to be interpreted, but legislation text needs to be not only read but competently comprehended in the legal context. In practice interpretation problem solving becomes complicated by a number of problems and circumstances. Among them besides a range of problems connected with juridical techniques special place is taken by legal and logical problems. Interpretation of legal acts requires special training, skills and know-how. Not all legal problems of interpr

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15

Osiadla, M. V. "Authentic interpretation of legal norms: theoretical aspec." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 215–20. http://dx.doi.org/10.33663/2524-017x-2021-12-37.

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The article examines the problem of interpretive activity in the law enforcement process, which is due to the need to clarify the content of the legal norm. The issue of interpretation in the process of application of legal norms is considered, as the modern Ukrainian legislation is not regulated and contains internal conflicts. The article describes the types of official normative interpretation, in particular, as authentic, legal, departmental. The use of interpretation in the law enforcement process as an opportunity to understand the essence of legislative terms,ensuring equal application

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16

Curtin, Sinéad. "Researching Irish Legislation." Legal Information Management 24, no. 3 (2024): 157–61. https://doi.org/10.1017/s1472669624000355.

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AbstractIn this article, Sinéad Curtin, Legal Knowledge Manager in the Chief State Solicitor's Office, provides a guide to the free and subscription sources for researching Irish legislation. She explains how legislation is enacted, how to determine if it's in force and whether it's been amended. She also looks at tracking legislation, the transposition of EU directives and statutory interpretation in general. The article concludes with a list of sources for Irish legislation.

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17

Wong, Jing Zhi. "CRITIQUE OF THE STRATA MANAGEMENT ACT’S ‘SOCIAL LEGISLATION’ PURPOSE IDENTIFIED IN INNAB SALIL v VERVE SUITES MONT’ KIARA [2020] 12 MLJ 16 (FC)." IIUM Law Journal 31, no. 1 (2023): 139–68. http://dx.doi.org/10.31436/iiumlj.v31i1.786.

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This case note provides a critique of the ‘Social Legislation’ purpose of the Strata Management Act 2013 identified in Innab Salil & Ors v Verve Suites Mont’ Kiara [2020] 12 MLJ 16 (‘Verve Suites’). This case note suggests that the ‘social legislation’ purpose identified in Verve Suites achieved two purposes. First, it identified the Act’s broad legislative purpose and guided its statutory interpretation. Second, it provided a normative rationale which justified why it should be read as taking precedence over other legislation. However, it is suggested that the words ‘social legislation’ a

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18

Goncharov, Denis Yu. "SEMANTIC FEATURES OF THE NORMS ON TAX CRIMES AND SOME QUESTIONS OF THEIR INTERPRETATION." LEGAL ORDER: History, Theory, Practice 42, no. 3 (2024): 129–33. https://doi.org/10.47475/2311-696x-2024-42-3-129-133.

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At the present stage of the development of legal science and legislative technology, it is necessary to provide research support for intersectoral consistency of legislative norms. To do this, an attempt has been made to study some of the features caused by the semantics and formality of the norms on tax crimes. The hypothesis of the study : the semantic features of the text of the norms on tax crimes indicate their insufficient consistency with the norms of tax legislation. Purpose : to identify and describe the inconsistency of the semantic content of the signs of tax crimes enshrined in the

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19

Yoo, Ji-Yeon. "Interpretation of Social Order Conception through the Analysis of The Korean Courts’ Cases." Legal Studies Institute of Chosun University 29, no. 3 (2022): 193–233. http://dx.doi.org/10.18189/isicu.2022.29.3.193.

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In this article, I looked at several Korean Courts’Cases that interpreted the‘Social order Conception’ in various fields of law. I analyzed how‘Social order Conception' was interpreted in the fields of Civil law, Corporate tax law, and Criminal law. The relevance was also investigated. Even in different areas of law, interpretations in each area of law must be harmonized. In particular, the interpretation of the Amorphous Concept can have normative power only when it can give predictability to the offender. Therefore, in a judgment to change the interpretation of the Amorphous Concept the ra

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20

Антошкіна, Валерія. "INTERPRETATION OF THE LAW AS A CREATIVE PROCESS." Supremația dreptului 1-2 (October 15, 2020): 35–41. https://doi.org/10.5281/zenodo.4159329.

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The article addresses the interpretation of the presence of aspects – formal and creative. The author analyzes various approaches to the definition of the concept of interpretation, which were developed by scientists in the previous century and are traditional for local legal doctrine. This analysis allows us to conclude that the absence of a clearly defined notion of the concept of interpretation only highlights the magnitude and complexity of such a phenomenon, such as legal interpretation. Certain sections of the study are dedicated to the examination of problems of interpretation, th

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21

Horrigan, Bryan. "Reforming Rights-Based Scrutiny and Interpretation of Legislation." Alternative Law Journal 37, no. 4 (2012): 228–32. http://dx.doi.org/10.1177/1037969x1203700403.

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22

Strobl, J. "Data protection legislation: interpretation and barriers to research." BMJ 321, no. 7265 (2000): 890–92. http://dx.doi.org/10.1136/bmj.321.7265.890.

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23

Prof LK Verma, Prof LK Verma. "Interpretation of Legislation and Need For Carrying Out Reforms in Judicial System." Indian Journal of Applied Research 4, no. 8 (2011): 363–65. http://dx.doi.org/10.15373/2249555x/august2014/92.

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24

IACUB, Irina. "INTERPRETATION OF THE CONSTITUTION: BETWEEN NEED, LIMITS AND RISKS." Revista Naţională de Drept 4-6 (234-236) (August 19, 2020): 53–74. https://doi.org/10.5281/zenodo.3991518.

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The article includes a theoretical-empirical analysis of the issue of interpretation of the Constitution based on the doctrine, legislation and jurisprudence of the Constitutional Court of the Republic of Moldova, in order to elucidate its need and argue the risky/dangerous nature of interpretation without respecting certain limits/standards. Finally, starting from the shortcomings attested in the constitutional legislation and jurisprudence, are formulated the proposals de lege ferenda oriented towards the optimization of the constitutional and normative framework, in accordance with the obje

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25

Koch, D. Shane. "Protections in Federal Rehabilitation Legislation for Persons with Alcohol and Other Drug Abuse Disabilities." Journal of Applied Rehabilitation Counseling 30, no. 3 (1999): 29–34. http://dx.doi.org/10.1891/0047-2220.30.3.29.

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Alcohol and Other Drug Abuse (AODA) may present special challenges for rehabilitation counselors whether they are dealing with this problem as a primary or secondary disability. While rehabilitation counselors may be familiar with the legislative implications for other disability groups, alcohol and other drug abuse is a “special case” among the larger group of persons with disabilities due to the complexities surrounding interpretation of rehabilitation legislation. This paper reviews AODA as a disability, discusses the need for legislative protection of this population, and isolates specific

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26

Plahotina, Natalya. "The terminological problems in the employment legislation." TERRITORY OF NEW OPPORTUNITIES OPENS FOR INVESTMENT PROJECTS OF THE FUTURE 16, no. 4 (2025): 84–92. https://doi.org/10.29039/2949-1258/2024-4/084-092.

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The article reveals some techno-legal issues referring to terminology in the Russian employment legislation. The subject of the research is legal norms of the domestic and foreign legislation regulating various aspects of employment. The purpose is to formulate a comprehensive and structural legal approach to the definition of the key legal terms in domestic employment legislation. The methodology used includes general scientific methods, e.g. systemic-structural and functional approaches, as well as specific legal methods, such as legal-comparative and techno-legal ones, and the method of leg

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Abdrasulova, A. E. "Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 136, no. 3 (2021): 11–20. http://dx.doi.org/10.32523/2616-6844-2021-136-3-11-20.

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The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of suc

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28

Hao, Yixiao, and Keying Li. "Research on the restriction of "new" pocket crime under the background of the Internet- from the Amendment of Criminal Law (IX)." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 285–94. http://dx.doi.org/10.54097/ehss.v1i.673.

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With the release of the criminal law amendment (9), refusing to fulfill the obligation of network security crime and helping information network crime, as two important new charges, have improved the criminal law because the responsibility of "network service provider" was introduced for the first time in the field of criminal responsibility. However, in the implementation of relevant charges, due to its limitations in legislation and the similar problems in judicial practice, the scope of related crimes is improperly expanded forming the so-called "new pocket crime". Based on this situation a

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29

Koban, O. G. "Interpretation of law by the court as an element of legislation." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 153–64. http://dx.doi.org/10.33663/2524-017x-2021-12-26.

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The article examines the problem of the essence and content of judicial interpretation, its characteristic features. The goal of a casual court interpretation is the correct understanding of the content of the norms of law, and the task is to individualize legal regulations. Acts of casual court interpretation are «samples» for lower courts, given that they are always guided by the practice of interpretation. The article also deals with the theoretical aspects of the institute of interpretation of law by court, its gist, and legal nature; explores the views of the Ukrainian and foreign scienti

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Maestri, Enrico. "The 3Rs Principle in Animal Experimentation: A Legal Review of the State of the Art in Europe and the Case in Italy." BioTech 10, no. 2 (2021): 9. http://dx.doi.org/10.3390/biotech10020009.

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The aim of this paper is to describe the essential points of Italian and European legislation governing the use of animals in biomedical experimentation. A close look will be taken at the principles of the 3Rs, which represent the mainstay of the legal architecture based on which a correct interpretation may be drawn of the legislative documents on animal experimentation. Furthermore, this paper will address the ways in which Directive 2010/63/EU is implemented in Italian legislation on the welfare of laboratory animals. In addition to an assessment of legal issues (such as the scope of jurisd

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31

Morina, Visar. "THE LEGISLATIVE VETO FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION." Denning Law Journal 26 (September 24, 2014): 19–45. http://dx.doi.org/10.5750/dlj.v26i0.877.

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The Constitution of Kosovo has established a number of mechanisms for the separation of powers and reciprocal checks and balances among which is the President’s authority to return legislation for reconsideration. However, the interaction between the President and the Assembly on matters confronting the legislative veto has unveiled a number of constitutional ambiguities and inconsistencies which rendered involvement of the Constitutional Court necessary to define further the constitutionally-contemplated powers of the President for returning legislation for reconsideration. The article analys

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32

Nijman, Cathy. "Ascertaining the Meaning of Legislation - A Question of Context." Victoria University of Wellington Law Review 38, no. 3 (2007): 629. http://dx.doi.org/10.26686/vuwlr.v38i3.5538.

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It has been said that "no word in an Act can be safely interpreted out of its context". Yet, Parliament was sufficiently concerned about the courts' use of external context as an aid to statutory interpretation to decide consciously to omit reference to "context" when enacting section 5(1) of the Interpretation Act 1999. This paper investigates the reasons for Parliament's concern. It examines cases decided before and after the enactment of section 5(1) to establish past and present judicial practice when using external context as an interpretive aid. The paper concludes that the omission of "

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Bilous, Oleh, and Pavlo Liutikov. "THE CONCEPTS AND THE ESSENCE OF INTERPRETATION OF LAW." Baltic Journal of Economic Studies 7, no. 1 (2021): 139–44. http://dx.doi.org/10.30525/2256-0742/2021-7-1-139-144.

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The purpose of the paper is to define the concept and essence of the interpretation of the rules of law based on the generalized analysis of scientific, journalistic, and regulatory sources. Results. It is established that the interpretation of the rules of law is an intellectual and volitional activity of an interpreter, which is carried out under the principles and by means of interpretations and aimed at clarifying and/or specifying the content of the rules of law to understand and apply them in practice correctly and uniformly. Value/originality. It may be enshrined in special acts of inte

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Joseph, Philip A. "The Dance of Legislation: Why Parliamentary Sovereignty is not a Meaningful Public Law Metric." Victoria University of Wellington Law Review 54, no. 1 (2023): 205–30. http://dx.doi.org/10.26686/vuwlr.v54i1.8442.

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"The dance of legislation" is a metaphor to capture the parliamentary–judicial dynamic in the creation, interpretation and application of legislation. Contrary to the edicts of classical sovereignty doctrine, Parliament is not the sole actor in (what I term) "law creation through legislation". Sovereignty doctrine champions the exclusivity of Parliament in enacting legislative text and discounts any constitutive role of the courts in bringing meaning to the legislative text. The courts deploy interpretive techniques that fix legal meaning in accordance with a range of institutional norms and u

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Küçük, Eda Özdiler. "Adapting Legal Culture: Legislation and Interpretation in Tax Law." European Journal of Economics and Business Studies 9, no. 1 (2017): 251. http://dx.doi.org/10.26417/ejes.v9i1.p251-259.

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Legal culture is defined as a way of describing relatively stable patterns of legally oriented social behaviour and attitudes. Adapting legal culture is possible, while the adapted legislation makes a shift in the social reality, especially in transition to democracy. As social behaviour depends on other elements, such as historical and cultural backgrounds of a society, the reaction for the legal adaption may differ from one country to another. So, the legislation in two countries may be the same; but the interpretation and the implementation of the law may be different. As tax norms also hav

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Gunkel, Manfred. "Ordinance on the Interpretation of German Thin Capitalization Legislation." Intertax 23, Issue 8/9 (1995): 439–44. http://dx.doi.org/10.54648/taxi1995063.

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Galvis Martínez, Manuel. "The ‘Allegiance’ Test: Judicial Legislation and Interpretation of GCIV." Journal of Conflict and Security Law 27, no. 1 (2021): 21–51. http://dx.doi.org/10.1093/jcsl/krab019.

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Abstract The article critically addresses the ‘allegiance’ test developed by International Criminal Jurisdictions for the determination of protected personal status under the Fourth Geneva Convention. Through a deconstruction of its elements and the methodology employed in its creation, the author shows substantial and methodological flaws that showcase the test as highly questionable example of judicial legislation. The article concludes that, although the test is likely to go into substantial desuetude, its existence as an interpretative tool will persist and thus its flaws and potential dan

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Thompson, Penny. "The Interpretation of Religious Education Legislation: A Case Study." Journal of Education and Christian Belief 5, no. 2 (2001): 145–58. http://dx.doi.org/10.1177/205699710100500206.

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WAINWRIGHT, R. "Techniques of Drafting European Community Legislation: Problems of Interpretation." Statute Law Review 17, no. 1 (1996): 7–14. http://dx.doi.org/10.1093/slr/17.1.7.

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40

LEE, Min Jung. "Interpretation and Legislation of The Full Comprehensive Gift Taxation." Sogang Law Journal 13, no. 3 (2025): 145–91. https://doi.org/10.35505/slj.2025.02.14.1.145.

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41

Sihombing, Eka N. A. M., and Cynthia Hadita. "The Ideal Mechanism of Clerical Errors Resolution in The Legislation in Indonesia (Comparison with United Kingdom, United States, and Singapore)." Jurnal Penelitian Hukum De Jure 23, no. 3 (2023): 273. http://dx.doi.org/10.30641/dejure.2023.v23.273-282.

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The problem of article clerical error creates multi-interpretation, ambiguity, and obscure in understanding the meaning of the substance of the Article so a mechanism is needed to optimize the authority of the Constitutional Court. This study aims to optimize the Constitutional Court's role in providing a legal interpretation of clerical error. The research method used is normative juridical with a doctrinal approach. The results showed that clerical error resulted in multiple interpretations of the substance of an Article. Thus, a legal interpretation by the Constitutional Court for the cleri

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Ochkurenko, S. V., and V. G. Rotan. "The Concept and Types of Liability in Russian Civil Law." Lex Russica 76, no. 8 (2023): 9–21. http://dx.doi.org/10.17803/1729-5920.2023.201.8.009-021.

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The paper describes the results of the study of the concept of liability under the civil law of Russia as it is reflected in the current legislation of the Russian Federation. The authors proceed from the fact that such an approach to the study of civil law phenomena, including liability, is constructive, since the phenomena under examination are investigated first in the context of de lege lata, and then in the context of de lege ferenda. Research in the aspect of de lege lata involves identification of the legislator’s understanding of the content of the category of liability under civil law

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Narutto, S. V. "Significance of Prof. Ekaterina I. Kozlova’s Academic Legacy for the Modern Understanding of the Legislative Process and Legislation." Actual Problems of Russian Law 15, no. 3 (2020): 55–64. http://dx.doi.org/10.17803/1994-1471.2020.112.3.055-064.

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The paper deals with the issues of law-making development in the context of actual ideas of Prof. Ekaterina I. Kozlova with regard to the place of a legislative body in the system of state power, order and the results of its activities, the problems of limits of legislative regulation and the politicization of legislation leading to a decline in the quality of laws. The author substantiates the conclusion that the expansion of legislative regulation creates problems, including conflict-of-laws rules, legal uncertainty, numerous references to regulation carried out through bylaws. Excessive leg

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44

Tastanbekova, Gulchekhra. "Role And Significance Of Interpretation Of Law In The Process Of Implementation Of International Law In National Legislation." American Journal of Political Science Law and Criminology 02, no. 11 (2020): 129–32. http://dx.doi.org/10.37547/tajpslc/volume02issue11-21.

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The article deals with the stages (processes) of implementation of international law, ways and forms of interpretation of law, types of interpretation of law and the significance of its application in national law (legislation).

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Junaenah, Inna. "Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang." Jurnal Konstitusi 13, no. 3 (2016): 503. http://dx.doi.org/10.31078/jk1332.

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Particular problem in judicial review frequently found is there a contradiction between the subsidiary legislation and the constitution. Unfortunately, in several Supreme Court verdict on judicial review, there is no usage of constitutional interpretation on their legal reasoning. However within domain of Supreme Court authority, constitution is not the touchstone, but constitution perspective must be included to maintain consistency of legislation hierarchy. There are two reasons on that posibilities, first the approximation of constitutional review by the court and second, the consequences o

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46

YI, ZOONIL. "Interpretation of Constitutional Provisions Regarding Public Officials." European Constitutional Law Association 43 (December 31, 2023): 211–41. http://dx.doi.org/10.21592/eucj.2023.43.211.

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The current constitution bestows upon public officials the position of servants to the entire nation, emphasizing their responsibility to the people while simultaneously ensuring their status and political neutrality. Derived from the constitutional position held by public officials as servants to the entire nation, they are obligated to realize the public interest. Obligations such as the prohibition of bias and procedural fairness can be derived from this duty to realize the public interest. The constitutional duties imposed on public officials include obligations such as compliance with law

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47

Mattei, Paola. "Legislative Delegation to the Executive in the ‘Second’ Italian Republic." Modern Italy 12, no. 1 (2007): 73–89. http://dx.doi.org/10.1080/13532940601134874.

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Considering the increasing quantitative usage and expanding qualitative scope of instruments of delegated legislations as the predominant means of enacting welfare reforms, this article investigates the consolidation throughout the Second Italian Republic of a new interpretation of executive prerogatives in the exercise of legislative functions. This is not only a problem in relation to the constitutional balance defining the relationship between the executive and legislature, but also an issue for executive policy leadership and capacity to steer the legislative process. It is argued that sin

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48

YATSENKO, Ivan V., Svitlana I. ZAPARA, Gregory A. ZON, Lydmyla B. IVANOVSKAYA, and Alyona M. KLOCHKO. "Animal Rights and Protection against Cruelty in Ukraine." Journal of Environmental Management and Tourism 11, no. 1 (2020): 91. http://dx.doi.org/10.14505//jemt.11.1(41).11.

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The article deals with the issues of the animal rights protection in Ukraine. Views of the prominent scientists are examined and the provisions of the current international and Ukrainian legislation are analyzed to establish the lacks in the legislative regulations of the animals protection from the cruel treatment. It is noted that an animal is a creature, but not a thing as it is prescribed by the civil legislation in Ukraine. Some particular terms, such as “bullying”, concerning the cruel treatment with animals are analyzed. The interpretation of the concept of "cruel methods" in the scient

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Fioshin, Aleksandr V. "On Contra Legem Interpretation of the Provisions of Inheritance and Family Laws." Notary 2 (May 4, 2023): 32–38. http://dx.doi.org/10.18572/1813-1204-2023-2-32-38.

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The article is devoted to such a kind of interpretation of the norms of hereditary and family legislation as contra legem. The reasons for the existence of this kind of interpretation are indicated. The position on its inadmissibility is analyzed. Examples of contra legem interpretation of the norms of inheritance and family legislation by the Supreme Court of the Russian Federation and lower courts are considered. The question of whether it is possible to put an equal sign between the type of interpretation under consideration and the analogy of the law is investigated. It is concluded that t

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Antoshkina, Valeriya K., Oleksandr Loshchykhin, Oksana Topchii, Dmytro Shevchenko, and Myroslav V. Hryhorchuk. "Legislative basics of legal interpretation." Linguistics and Culture Review 5, S4 (2021): 1600–1614. http://dx.doi.org/10.21744/lingcure.v5ns4.1867.

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The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. That is still the reason why scholars and legal practitioners pay considerable attention to various aspects of legal interpretation, one of which is to determine the legal basis of legal interpretation, which actualizes the topic of this paper. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and

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