What is ejusdem generis. Ejusdem Generis: A Case Study 2019-01-10
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Ejusdem Generis definition
Here the statute may even be interpreted contra legem in exceptional cases, if otherwise a patently unreasonable result would follow. The modern common law perception that courts actually make law is very different. For example in England, the and the are the two sui generis localities, as their forms of local government are both for historical or geographical reasons very different from those of elsewhere in the country. The first step is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case. The petitioner union claims that twenty workmen whose names are given in the annexure to the writ petition are their individuals and are utilized as contract workmen in the second respondent a Government of India undertaking having its centre at Guindy Industrial Estate, that the said representatives are taking every necessary step of watch and ward, that the work of security also, watch and ward has been depended by the second respondent to the private contractual worker in particular, Thai Security which is not enlisted under the arrangements of Contract Labour Regulation and Abolition Act, 1970, that the said labourers who are doing security and watch furthermore, ward work are individuals from the petitioner union and thusly the solicitors are embracing their cause, that however the temporary worker is charging exceptionally gigantic sum from the second respondent the labourers are paid just a small sum other than being denied week by week leave or instalment in lieu of week by week off, leave on National and Festival Holidays, that as ahead of schedule as 1976, the Government of India issued a warning, dated December 9, 1976, under Section 10 of the same Act, restricting vocation of agreement work for security and watch and ward benefit, that disregarding the said warning the second respondent keeps on utilizing contract workmen to do security and watch and ward work and that the same is done to exploit cheap labour which is only unreasonable trade labour practice.
Such rules of construction help to ensure that courts interpret statutes consistent with the intent of the legislative body that enacted the statute. Some of the canons are still known by their traditional names. Look up in Wiktionary, the free dictionary. United Labour Union and Orsand letter issued by Labour Enforcement Officer Central , Chennai on November 1, 2000 and said that the Central Government is the appropriate Government. Change of use of land within a use class does not require planning permission; however, changing between use classes might require planning permission, and permission is always required if the new use is sui generis. Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to.
Further explanations cover various contingencies. The Social Construction Of Reality. Some amount of interpretation is often necessary when a case involves a. If we go through the judgment of the case, Housing Board of Haryana v. The Madras High Court in one of its latest judgement, Printing and General Workers Union Vs. See, for example, , or Coco v The Queen.
October 2012 In , the unparalleled development of the as compared with other has led to its designation as a sui generis entity. A major aid in the Interpretation Act 1989, which lists a number of deemed interpretations. Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s. Unsourced material may be challenged and removed. In local government, a sui generis entity is one that does not fit with the general scheme of local governance of a country.
Definition of EJUSDEM GENERIS • Law Dictionary • lemurianembassy.com
Movie critic Richard Schickel identifies as a sui generis movie. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. This is because its use is governed by a fundamental rule that statutory language must be read so as to carry out the intent of the legislature. The rule set out in the Convention is essentially that the text of a treaty is decisive unless it either leaves the meaning ambiguous, or obscure, or leads to a result that is manifestly absurd or unreasonable. The rule of ejusdem generis says that when a generic description follows specific items, the more generic description is read to apply only to things belonging to the same group or class as the specific items. Link to this page: Ejusdem generis.
In these cases the federal law is held to be paramount. Hueglin, Thomas and Fenna, Alan 2006 Comparative Federalism: A Systematic Inquiry, Broadview, Peterborough, p. So, in the construction of wills, when certain articles are enumerated, the terra goods is to be restricted to those ejusdem generis. Where legislation and are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. In the construction of laws, wills, and other instruments, when certain things are enumerated, it is generally confined to things ejusdem generis.
However, sui generis statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions: , , in France, , or require sui generis statutes because of their unique characteristics. If a statutory provision is open to more than one interpretation the court has to choose that interpretation which represents the true intention of the legislature. Instances include the idea of love, or going to school, or clothing belonging to a specific gender. Thus the relevant legislation in Australian law contains a section called Terms used or Definitions that itemises all words considered ambiguous, and confers specific interpretations consistent with natural language. Unsourced material may be challenged and removed. The statute must contain a list of items that suggest the items belong to a type or class of things. The rule of construction that where general words are used in a contract after specific terms, they are to be confined to things of the same kind or class as the things previously specified.
Therefore, the court must try to determine how a statute should be enforced. First Nations Education in Canada: The Circle Unfolds. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. Those come within the first four weeks of Year 1 in law school. In other words, a list is pretty much self-contained. Most canons emerge from the process through the choices of judges. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law.
Unsourced material may be challenged and removed. We do not, however, consider the statutory language in isolation, but rather examine the entire substance of the statute in order to determine the scope and purpose of the provision, construing its words in context and harmonizing its various parts. These were: the , the , and the. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given , the decision would become binding on later courts.
They are ambiguous and change in meaning over time. In jurisdictions, the may apply rules of statutory interpretation both to legislation enacted by the and to such as administrative agency. In other words, the surrounding usage of words can reveal the meaning therefore intent of the questionable words or phrases. A statute is ambiguous only where it is open to two or more constructions, or where it is of such obscure or doubtful meaning that reasonable minds might disagree or be uncertain as to its meaning. In , there are areas of law where provincial governments and the federal government have concurrent jurisdiction. Dictionary of Foreign Terms 2 ed. If the statute lists specific classes of things and then refers to them in general, the general statements apply only to the same kind of things that were specifically listed.
