2. International principle – Pacta sunt servanda demands the performance in good faith of treaty obligations on the part of the states that enter into the agreement. presumption against "absurdity" – meaning that a court had to avoid a construction that would produce an absurd result; the presumption against unworkable or impracticable result - meaning that a court had to find against a construction which produced "unworkable or impracticable" result; The task of interpretation may vary in difficulty. It has frequently been affirmed and should unhesitatingly be recognized that it is a cardinal principle of our law that mens rea, an evil intention or a knowledge of the wrongfulness of the act, is in all ordinary cases an essential ingredient of guilt of a criminal offence. Intention to create legal relations', otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions. Accordingly, section 69 is incapable of disclosing a contrary purpose. The Scottish Government committed in its 2018-19 Programme for Government to extend the presumption to 12 months or less, once additional safeguards for victims in the Domestic Abuse (Scotland) Act 2018 were in force. Presumption against Violation of International law – Art. Statutory Interpretation Lecture. 1. 10 of the CC Presumption against Absurdity – an interpretation that cause inconvenience and absurdity is not favored. 104-100 Presumption against injustice or absurdity Lord Donovan in the Privy Council case of Mangin v IR Commr [1971] AC 739 at p. 746 declared: ‘the object of the construction of a statute being to ascertain the will of the legislature, it may be presumed that neither injustice nor absurdity was intended.
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW Presumption against Injustice – Art. Extraterritoriality Canon. Presumptions within law are numerous and may range from presumption against alterations of the common law to a presumption against ousting the jurisdiction of the courts, to name but a few. Presumption Against Retroactivity. Albert Camus (1913–1960) was a journalist, editor and editorialist, playwright and director, novelist and author of short stories, political essayist and activist—and, although he more than once denied it, a philosopher. PRESUMPTION AGAINST ABSURDITY Statutes must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust and absurd conclusion. In this case, given that the clear language does not lead to absurdity, there was no reason for the High Court to depart from the plain meaning of section 69. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Pending-Action Canon. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. Presumption of perfection 129 Jurisdiction to correct mistakes 131 Unacceptable absurdity 132 Gaps and Oversights 134 Theproblem 134 Absence of jurisdiction to fili gaps 136 Courts sometimes fili gaps 138 Courts may supplement legislation 139 Avoidance Schemes 142 Introduction 142 Avoidance defined 142 Evolution of anti-avoidance jurisdiction 142 Although legislature makes the Statute, it may be open to interpretation and have ambiguities. The presumption against retrospectivity must therefore prevail.
The public consultation on the existing presumption against short prison sentences found a majority (85%) in favour of extending it beyond the current three months. II Sec.