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INTERPRETATION. Judicial.
There is a great deal of difference between an
Interpretation which supplies, & an Interpretation
which applies ascertains. — An Interpretation which
adds a special specific term to compleat the deficiency
of a term meant to be generic (&, as it is supposed
to include, the specific term added, along
with the rest) and an interpretation which from
the subject matter & context, takes occasion
to fix the sense of a generic term which standing
singly would appear vague & undefinable.
The latter mode of interpretation must always
be allow'd to the Judicial power: the former,
never an unproved system state
of Legislative
composition, might it should soon be deemed taken
its away Thus suppose to the word Parish were
subjoined the words "or correspondent [valuable] division:"
this might without difficulty be allowd to be
construed by a Court to mean to Extraparochial
place, where from the subject matter it should
appear that places districts of the kind last mentioned
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should upon the same reason as those of the
other — But to extend the word Parish alone
standing by itself to places extraparochial this
seems a stretch beyond what is necessary to
be allowed in such a state of things as is above
supposed.
This was indeed in the infancy of the sort
of Legislation, where this & much more greater liberties, was
not only admissible, but necessary.
LAWS Construction of
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Identifier: | JB/070/059/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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059 |
interpretation judicial laws construction of |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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23174 |
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