For love&garbage and me..
Dec. 8th, 2006 08:33 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
green_amberQuote via Ray Corrigan of OU at http://b2fxxx.blogspot.com/2006/12/judges-perplexed.html:
"So, yet again, the courts are faced with a sample of the deeply confusing provisions of the Criminal Justice Act 2003, and the satellite Statutory Instruments to which it is giving stuttering birth. The most inviting course for this Court to follow, would be for its members, having shaken their heads in despair to hold up their hands and say: "the Holly Grail of rational interpretation is impossible to find". But it is not for us to desert our judicial duty, however lamentably others have legislated. But, we find little comfort or assistance in the historic canons of construction for determining the will of Parliament which were fashioned in a more leisurely age and at a time when elegance and clarity of thought and language were to be found in legislation as a matter of course rather than exception."
I have written 4000 words critiquing DRM PhD. gah!
"So, yet again, the courts are faced with a sample of the deeply confusing provisions of the Criminal Justice Act 2003, and the satellite Statutory Instruments to which it is giving stuttering birth. The most inviting course for this Court to follow, would be for its members, having shaken their heads in despair to hold up their hands and say: "the Holly Grail of rational interpretation is impossible to find". But it is not for us to desert our judicial duty, however lamentably others have legislated. But, we find little comfort or assistance in the historic canons of construction for determining the will of Parliament which were fashioned in a more leisurely age and at a time when elegance and clarity of thought and language were to be found in legislation as a matter of course rather than exception."
I have written 4000 words critiquing DRM PhD. gah!
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Date: 2006-12-08 09:04 pm (UTC)no subject
Date: 2006-12-09 10:30 am (UTC)Shame.
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Date: 2006-12-12 11:38 am (UTC)no subject
Date: 2006-12-12 01:14 pm (UTC)no subject
Date: 2006-12-10 05:12 pm (UTC)Mrs landg (anonymity essential) drafts SSIs and advises on drafting of English SIs from Scottish perspective. She is not impressed by the latter particularly where thestructure of one recent SI was All must do X. Detailed regime (regime 1) regarding X. Then a note saying All must register with Y. Then rules providing that if registered with Y regime 2 applies which is completely different from regime 1. Thus, at least half of the SI was superfluous. Mrs landg tears hair out trying to explain this to English draftsperson. Finally gives up because relevant English department insists this approach works (which it does, albeit in a convoluted manner).
Many thanks for the link.