... proceedings are notmerely issuesof atechnical
kind involving the interpretation of the contested provisions of the Act .The
Act must bereadinthecontextoftheoperation of s 75 of the Constitution.
That section, ... will
reside in the federal entity and which in the others. It also requires that the
drafters of the constitution put their minds to the question o...
... adopt the stance of
prudence and who fail to uphold the rule of law now for the sake of the
rule of law in the long term will not say that on this occasion the executive
is acting outside of the ... legality in a time of emergency
can have only one purpose – the ‘preservation of the independence of
the state, the maintenance of the existing consti...
... that there is clear
legislative authorization for of cials; what they do in the name of the law
must also comply with the rule of law. Rule by law and the rule of law
are for Dicey two sides of the ... to say the rule of statutes understood as the rule
by the commands of the uncommanded commander. For these sceptics,
the slogan the rule of law rath...
... Review 256 5– 95
Dicey, A. V., An Introduction to the Study of the Law of the Constitution (8th edn,
London: MacMillan & Co., 19 15)
Dicey, A. V., Introduction to the Study of the Law of the Constitution ... powers
constitution or no written constitution at all. What places them on the
continuum is the level of their commitment to the constitution...
... www.tailieuduhoc.org
8. Avoid the use of qualifiers.
Rather, very, little, pretty
— these are the leeches that infest the pond of prose, sucking
the blood of words. The constant use of the adjective
little
... draws the reader's attention to the sense and substance of the writing,
rather than to the mood and temper of the author. If the writing is...
... parts machined with these tools, that the
barrel of one lock could be applied to the casing of another, while the sliders of
one lock could similarly be inserted into the barrel of another.
The ... cathedral of Pisa
marked the start of the use of the pendulum as a means of controlling the speed
of clocks. Having no watch, he timed the swing of the lam...
... 337–70.
6
‘As in any other system of law, so also in that which governs the relations of states inter se,
the question of the limits of the rule of law is the central problem of jurisprudence’. ... conceptions of the rule of law place on
the instrumental use of law.
3
The contributors argue that the normative
conception of jurists is a ‘figment of...
... guardians of a
substantive conception of the rule of law.
33
ForFullagar J, like the other majority judges, dissonance arises because
the resource offered them by the text of the division of powers constitution
enabled ... regarding these as the
essential elements of their reasoning, they weaken their reasoning and
undermine the rule of law. The real basis...
... imposed in the statute, the principles
of the rule of law, the principles of administrative law, the fundamental
values of Canadian society, and the principles of the Charter’.
38
Iwanttofocusonthewayin ... take
place for the most part in a space outside the reach of the rule of law.
The most prominent example in the United Kingdom of the leftwin...
... interpreting the law of their constitutive
statute, or of another statute, or the common law, or the provisions of
awritten constitution, including, if there is one, their bill of rights. As a
result, the ... by the assumption that the other powers are participating in
this project.
55
Fuller, The Morality of Law, p.207.
56
Scalia, ‘Judicial Deference’, 51 3–...