Which of the following is the most accurate description of the golden rule of interpretation?

The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. Whenever the grammatical construction cannot be given without any doubt only then shall the golden rule of interpretation be applied bearing in mind the consequences of the decision given.

What is the problem with defining law?

What is the problem with defining ‘Law’ as a ‘Command’? A.) Nothing, law can be so defined. B.) Obligations are sometimes entered into voluntarily by parties and the Law does not mandate them to do so.

What is it called when no one person is above the law?

Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right. Despite wide use by politicians, judges and academics, the rule of law has been described as “an exceedingly elusive notion”.

Where in the Constitution does it talk about rule of law?

For example, the second clause of Article VI of the U.S. Constitution says: The rule of law, however, is not merely rule by law; rather, it demands equal justice for each person under the authority of a constitutional government.

What happens to a state law that violates the US Constitution?

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.

What principle states that no one is above the law?

The Declaration of Independence

Does the Constitution override state law?

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

What are local laws called?

Ordinances. County and municipal governments enact laws, often called ordinances, via specific powers granted to them by the state. County and municipal ordinances apply to everyone within the county or municipality limits. These ordinances may not violate state or federal laws.

What are the five sources of Constitution?

Sources of a Constitution

• Opinions of political and constitutional writers.
• Constitutions of other countries.
• Customs and conventions.
• Previous constitutions.
• Decisions of a constituent Assembly.
• Judicial Precedents.

Is the Constitution above the law?

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take priority over any conflicting state laws.

Which of the following is the most accurate description for the rule of law?

Which of the following is the most accurate description for the Rule of Law? The Rule of Law is an idealistic concept which recognises a set of characteristics designed to secure the functioning of a civilised state. The Rule of Law ensures that the legal system is, essentially, in good working order.