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This article shows how the House of Lords has, in recent years,embarked on a retreat from its landmark decision in Pepper vHart which had relaxed the rule prohibiting courts from usingministerial statements made in Parliament for the purpose ofinterpreting statutes. This development was initiated by a lecturegiven by Lord Steyn in May 2000 and subsequently published inthis journal. The article attempts to refute the reasons advancedin support of the retreat. In addition, it sets out to showthat the alternative solution proposed by Lord Steyn createsboth conceptual and practical difficulties. As a result it arguesfor a reversal of the retreat. 相似文献
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In this article we undertake a detailed exploration of the research and development activities in one particular middle-income country. We explore what the data from R&D surveys can tell us about the levels, the determinants and the effectiveness of R&D in the manufacturing sector. We point to some of the broader factors that may have influenced South Africa’s drive to improve the technological capacity of its manufacturing sector, but we mostly focus on those issues associated directly with R&D. We show that the degree of interaction between the different domains of R&D activity, business, government and the tertiary sector has been weak, and that the possibility of positive spill-overs between these domains has not been fully exploited. In addition, little or no policy intervention designed to stimulate R&D activity by industry has been deployed in South Africa. We find that South African R&D activity has mainly been reactive in character and suggest that this lies at the heart of South Africa’s mixed R&D performance in relation to other developing countries. 相似文献
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Stefan Vogler 《Law & society review》2016,50(4):856-889
Using court decisions, interviews with legal actors, and ethnographic observations, this paper analyzes the development of sexual identity classifications for sexual minorities seeking asylum in the United States and argues that the adjudication of such claims works to consolidate and regulate sexual identities but also creates possibilities for recognizing marginalized queer identities. Asylum seekers must prove their sexual identities, and immigration officials must classify claimants as belonging to a protected group. At the inception of queer asylum law in 1990, protected categories were highly circumscribed, but the indeterminacy of the law allowed advocates and asylum seekers to challenge existing categories and stake out new claims based on their sexualities. Against the backdrop of extant criticisms of the asylum process for queers, this paper suggests that the way asylum law has been elaborated, adapted, and interpreted, particularly in approximately the past decade, offers possibilities for making unique identity claims that are not recognized in existing scholarship. 相似文献
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Stefan Höfler 《International Journal for the Semiotics of Law》2014,27(4):627-644
Presupposition is the semantic-pragmatic phenomenon whereby a statement contains an implicit precondition that must be taken for granted (presupposed) for that statement to be felicitous. This article discusses the role of presupposition in legislative texts, using examples from Swiss constitutional and administrative law. It illustrates (a) how presuppositions are triggered in these texts and (b) what functions they come to serve, placing special emphasis on their constitutive power. It also demonstrates (c) how legislative drafters can distinguish between “good” presuppositions and “bad” presuppositions by weighing their main advantage, conciseness, against their main flaw, reduced transparency. The present study argues that, if employed carefully, presuppositions can be a useful stylistic means to keep legislative texts free from unnecessary clutter that merely elaborates on the obvious; however, it also suggests that, if applied wrongly, presuppositions can camouflage the duties and obligations placed on the subjects of a law and thus impede its accessibility and its efficient and effective implementation. 相似文献