跨越时间应用法律:解开"总是说话"的原则
1School of Law, University of Edinburgh.
概括
这是一个很棒的节目,这是一个很棒的节目.
科学领域:
- 法律研究 法律研究
- 法律解释 法律解释
背景情况:
- 法官经常援引"总是说话"的原则.
- 这个原则的确切含义和应用仍然不清楚,有着着名的司法评论强调了它的神秘性质.
研究的目的:
- 在普通法解释中澄清"总是说话"原则.
- 区分与"总是说话"隐喻相关的四个不同的原则.
- 分析法律解释的影响,特别是关于动态解释和法律的司法调整.
主要方法:
- 对"总是说话"原则起源的历史分析.
- 四种类型的原则的概念区分,以应对立法变化.
- 批判性地检查案例法,包括英国最高法院的新闻公司决定.
主要成果:
- "总是说话"原则至少包括四个不同的概念.
- 这些原则涉及与立法随时间的变化有关的不同问题.
- 在动态解释和法规的司法"重写"之间进行了一个关键的区别.
结论:
- 解开四种类型的"总是说话"原则对于法律清晰度至关重要.
- 该研究为了解立法如何适应新情况提供了一个框架.
- 对新闻公司案件的分析说明了这些区别在司法决策中的实际重要性.
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