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What is consistent interpretation?

What is consistent interpretation?

The method involving consistent interpretation seeks to solve a clash between. conflicting norms regulating the same issue or between a higher ranking norm. constraining the effect of a lower rule by way of choosing between different. possible interpretations.

What is the duty of consistent interpretation?

Prechal defines the duty of consistent interpretation as ‘the obligation of national courts and administrative authorities to interpret the applicable national law as much as possible in a way which ensures the fulfilment of obligations deriving from European law’ (S.

What is contra Legem interpretation?

The Latin expression ‘contra legem’ literally means ‘against the law’. In other words, a national court is confronted by the obstacle of contra legem interpretation when the clear, unequivocal wording of a provision of national law appears to be irreconcilable with the wording of a directive.

What is interpretive obligation?

One note up front: Interpretive obligation could be about obligation to a higher interpretive authority-a supreme court-or about obligation to a prior authority-the intentions (at some level of generality) of the writers or ratifiers of the relevant text. Some argue that legal interpretation must be intentionalist.

What is the difference between direct effect and indirect effect?

Direct effects, as the name implies, deal with the direct impact of one individual on another when not mediated or transmitted through a third individual. Indirect effects can be defined as the impact of one organism or species on another, mediated or transmitted by a third.

What is the difference between vertical and horizontal direct effect?

Vertical direct effect is of consequence in relations between individuals and the country. Horizontal direct effect is consequential in relations between individuals. This means that an individual can invoke a European provision in relation to another individual.

What does reading down mean in law?

Reading down involves shrinking the reach of a statute to remove its unconstitutional applications or effects without regard to the explicit statutory language that would be required to achieve that result (see e.g., R. v. Grant, [1993] 3 S.C.R.

What is teleological interpretation?

The method of teleological interpretation may be defined as the method of interpretation used by courts, when they interpret legislative provisions in the light of the purpose, values, legal, social and economical goals these provisions aim to achieve.

What is indirect effect mean?

Indirect effects can be defined as the impact of one organism or species on another, mediated or transmitted by a third. For example, a caterpillar may exert a direct effect on a plant by eating it.

How do you interpret indirect effects?

An indirect effect is calculated by multiplying the paths that constitute the effect. The magnitude of the indirect effect indicates the amount of mediation through the relevant mediator variables. – Mediation can be either complete or partial.

What is vertical effect in law?

Vertical effect refers to, in English law, the way in which the Human Rights Act impacts on the relationship between individual citizens and the state. In recent times there has been some debate as to whether the Human Rights Act can also have horizontal effect as well.

What does unconditional mean in direct effect?

negative (a negative rather than a positive obligation) unconditional, containing no reservation on the part of the member state, and. not dependent on any national implementing measure.

Why is the principle of consistent interpretation important?

This principle is an important tool to give an international legal rule effect on the domestic level.

When to use consistent interpretation of international law?

In cases where an international obligation has not fully been made part of the national legal order, and/or national law does not allow for direct effect of that obligation, consistent interpretation provides a powerful alternative for ensuring the application of international law.

Is there an outer limit of consistent interpretation?

This presumption of compliance can only be rebutted if a national court reaches an outer limit of consistent interpretation which bars the directive-consistent meaning ( contra legem limit). The paper defines the contra legem limit and highlights some of its misinterpretations in legal scholarship.

What does it mean when someone is consistent?

Someone who is consistent always behaves in the same way, has the same attitudes towards people or things, or achieves the same level of success in something. He has never been the most consistent of players anyway.