老師早安, thats what i used to say.
媽的，老師很noob, thats what i am saying now.
Thursday, September 24, 2009
Sunday, September 13, 2009
SAM Trial started!!!!
SAM trial is finally started!!
Sigh.. why?
They all study whole day except me
Everyone seems very hardworking cause they haven’t study at all
Haha.. then wei shen very stress
Because geng yong keep saying Harry will win he in chem ( legendary )
Without any revision.. haha
then next morning he wake up very early ( 6am )
And went to MCD to study chem alone!!!
Omg..Too early I guess..
he told me have to stay in focus cause our home is very noisy ( 181Q members..)
then others study econ and Legal studies.. ( geng yong )
They have to wake up at 6am for the exam
Except me.. I can sleep until 12 noon..
Lol..
anywaY, good luck guys!!!!
Gambateh!!!!
Saturday, August 1, 2009
Im dying (Gy)
A.... Didnt study for the weekends..nvm , used to it. This morning,i woke up at 12 and went to swimming with my brother. Then slept for whole day, till 600.... dont know wat to write..CB..
Sunday, July 26, 2009
Parliamentary review on case law.
1)Guiding legislation- External guidance, the Acts of interpretation act assits the judge to interpret the meaning of words and phrases.
2)Remedial legislation - Enactment can be made by the parliament to overrule the case law made by court if it is deemed inappropriate.
3)Complementary legislation - The parliament will enact new statutes to complement case law to give it more GENERAL APPLICATION in the community.
2)Remedial legislation - Enactment can be made by the parliament to overrule the case law made by court if it is deemed inappropriate.
3)Complementary legislation - The parliament will enact new statutes to complement case law to give it more GENERAL APPLICATION in the community.
Judicial review on case law
Reversal
- Highter courts reviewing the decision made by lower court when an appeal is taken to appellate court
-The higher courts can change the percedent made by lower court as it thinks that it is a bad decision
Overruling
-A superior court can change a percedent made by lower courts in another case.
Distinguishing
-The lower courts can distinguish a superior court's decision with reasons, there are significant material differences.
Disapproval-
1)Coordinate court- a court disapprove another coordinate court's precedent and does not follow.
2)Courts in other hierachies- a court can refer to the precedent made by court in other hierachy, but dissproves it and doesnot follow it.
3)General disapproval- A coordinate or lower court disapproves of another court decision but still follow it.
- Highter courts reviewing the decision made by lower court when an appeal is taken to appellate court
-The higher courts can change the percedent made by lower court as it thinks that it is a bad decision
Overruling
-A superior court can change a percedent made by lower courts in another case.
Distinguishing
-The lower courts can distinguish a superior court's decision with reasons, there are significant material differences.
Disapproval-
1)Coordinate court- a court disapprove another coordinate court's precedent and does not follow.
2)Courts in other hierachies- a court can refer to the precedent made by court in other hierachy, but dissproves it and doesnot follow it.
3)General disapproval- A coordinate or lower court disapproves of another court decision but still follow it.
Statutory guidance
Internal guidance
- This guidance provided in the PRINCIPLE ACT
- There is a definition sections which assits the judge to interpret
- 1)Closed definition - "means" narrowing down the range of definition
- 2)Open definition - "inculde" give a wide discretionary power to the courts to interpret the meaning of words and phrase.
External guidance
-This guidance provided in act other than PRINCIPLE ACT
- Using Acts of interpretation Act to give general interpretation guidance.
- This guidance provided in the PRINCIPLE ACT
- There is a definition sections which assits the judge to interpret
- 1)Closed definition - "means" narrowing down the range of definition
- 2)Open definition - "inculde" give a wide discretionary power to the courts to interpret the meaning of words and phrase.
External guidance
-This guidance provided in act other than PRINCIPLE ACT
- Using Acts of interpretation Act to give general interpretation guidance.
How is the doctrine of precedent applied in constructing statutes and why is it important?
Once the interpretation has done, all the lower courts in the same hierachy have to be bounded as conform to the doctrine of precedent. By this, the superior courts will act as a source of guidance to the lower courts, so that the interpretation of law is consistency and predictability.
Judicial guidance
Literal rule
- allows judges to interpret the words in the ordinary and natural english meaning.
- Not judges' duty to vary it, even the result is inconvenient.
Golden rule
-allows judges to escape any absurdity created by literal rules
-Intended meaning of words can be made clear by applying it in accordance with the text.
Mischief rule
-interpret status in accordance with the intention of parliament.
Canons of construction
- These are rules which established presumption of interpretations, which guide judges when there is no statutory rules exists.
The rules of (Noscitur a sociis) and (Ejusdem generis) fking latin..
- Noscitur a sociis allows interpretation of words or phrase which derived from its context
- Ejusdem generis, where words of the particular meaning followed by words of general meaning.
- allows judges to interpret the words in the ordinary and natural english meaning.
- Not judges' duty to vary it, even the result is inconvenient.
Golden rule
-allows judges to escape any absurdity created by literal rules
-Intended meaning of words can be made clear by applying it in accordance with the text.
Mischief rule
-interpret status in accordance with the intention of parliament.
Canons of construction
- These are rules which established presumption of interpretations, which guide judges when there is no statutory rules exists.
The rules of (Noscitur a sociis) and (Ejusdem generis) fking latin..
- Noscitur a sociis allows interpretation of words or phrase which derived from its context
- Ejusdem generis, where words of the particular meaning followed by words of general meaning.
Reasons why statues need to be interpreted
1) Parliament has given the courts wide discretionary power
- Give judges necessary flexibility to apply the law fairly
- Because, it is imposibble for the parliament to address every part of the law
2) The meaning of words and phrase in statutory law is unclear
- Since english is notoriously ambiguous and has variety of meanings
-Therefore, the meaning of words and phrases changes over time, hence , the judge is allowed to interprete the meaning to bring about just outcomes.
- Give judges necessary flexibility to apply the law fairly
- Because, it is imposibble for the parliament to address every part of the law
2) The meaning of words and phrase in statutory law is unclear
- Since english is notoriously ambiguous and has variety of meanings
-Therefore, the meaning of words and phrases changes over time, hence , the judge is allowed to interprete the meaning to bring about just outcomes.
Saturday, July 25, 2009
Ratio decidendi Vs Obiter Dictum Vs Stare decisis
Ratio decidendi
- In latin, reasons for dicision
- It is a principle stated that, every lower courts in same hierachy are compelled to follow the decision of the upper court. ( doctrine of precedent )
Obiter dictum
- In latin, remark in passing
- These are judicail observation
- Not binding, but persuasive observation.
Stare decisis
- In latin, stand by things decided
- The principle dictates that once a superior court created a case law, all lower courts in the same hierachy must adopt the same ratio
- brings about consistencry to the application of case law
-The members of community are able to predict the outcome of the court's decision.
- In latin, reasons for dicision
- It is a principle stated that, every lower courts in same hierachy are compelled to follow the decision of the upper court. ( doctrine of precedent )
Obiter dictum
- In latin, remark in passing
- These are judicail observation
- Not binding, but persuasive observation.
Stare decisis
- In latin, stand by things decided
- The principle dictates that once a superior court created a case law, all lower courts in the same hierachy must adopt the same ratio
- brings about consistencry to the application of case law
-The members of community are able to predict the outcome of the court's decision.
Parliament Vs Courts
Parliaments
- democratically elected by the people, therefore it gains its authority to make law from the consitution and approval from the people.
Courts
- Only make law when the legislations stated are unclear, and to bring about just outcome.
- * Only superior courts and above can make laws.
Role of Judge -reslove disputes to bring about just outcomes
- making case law
Judges create laws in 2 ways
Judicial pronouncement - when there is no statutory law exits, refer to past precedent as guidance, if no relevant authority exits, they create new law to bring about just outcome.
Statutory interpretaion - when the statutory law is unclear, then judge will creates case law when giving meaning to words or phrase in statutes to resolve disputes.
- democratically elected by the people, therefore it gains its authority to make law from the consitution and approval from the people.
Courts
- Only make law when the legislations stated are unclear, and to bring about just outcome.
- * Only superior courts and above can make laws.
Role of Judge -reslove disputes to bring about just outcomes
- making case law
Judges create laws in 2 ways
Judicial pronouncement - when there is no statutory law exits, refer to past precedent as guidance, if no relevant authority exits, they create new law to bring about just outcome.
Statutory interpretaion - when the statutory law is unclear, then judge will creates case law when giving meaning to words or phrase in statutes to resolve disputes.
Advantages & Disadvantages of delegated legislation ( regulation)
Advantages
1) Relieve the workload of parliament
- Since it is expensive, cumbersome and time consuming to operate parliamentary process, therefore, the delegated authorities which reside by experts are more appropriate to make law to meet the needs of the community.
- Parliaments are more concern on social issue and rule of law. Whereas the delegated authorities is more appropriate to make law to address the technical and administrative details
2) Technical expertise
- The parliament is not a forum which make laws on technical and administrative details.
- Delegated authorities with skills, experiences, and current knowledge are more able to make laws addressing the technical details.
3) De-centralised decision making
- The local councils are more suited to consult with their constituents to devise the laws to meet local needs
- Regulation made locally are more able to be respected and accepted by community.
- Parliament makes legislation to cover the broad principle whereas the local council makes regulation to address local details.
4) Emergencies
- Since a bill must passes through 3 readings in parliament, therefore it is hardly for the parliament to make legislation to deal with emergencies such as SARS.
- Therefore, it is more appopriate for delegated authorities to make regulation to deal with it.
5) Administrative convenience
- The matters of the government require constant review and updating, and the parliament is not an appropriate forum to do this as it is expensive, time consuming and cumbersome to operate.
6) Political purpose
- Without passing through 3 reading stages of parliament, a regulation can be made.
- Therefore it is used to evade the scutiny of parliament, which known as "back-door".
Disadvantages of Delegated legislation
1)Undemocratic making law
- Since the delegated authorities are not elected by the people, therefore they are not accountable to the regulation made by them.
- Hence, it abrogating the democratic responsibility of a government
2) Complexity of the law
- Some of the regulations are made were too complex and did not meet the need of the community as well as causing alot of unneccesarry problems to the businessmen.
3) Accessibility and a lack of community awareness
- Since the regulations made always according the changes of circumstances, therefore it is hardly for everyone to adapt to the changes of regulations
- And, people unwittingly, therefore, often break the law.
THE END..
1) Relieve the workload of parliament
- Since it is expensive, cumbersome and time consuming to operate parliamentary process, therefore, the delegated authorities which reside by experts are more appropriate to make law to meet the needs of the community.
- Parliaments are more concern on social issue and rule of law. Whereas the delegated authorities is more appropriate to make law to address the technical and administrative details
2) Technical expertise
- The parliament is not a forum which make laws on technical and administrative details.
- Delegated authorities with skills, experiences, and current knowledge are more able to make laws addressing the technical details.
3) De-centralised decision making
- The local councils are more suited to consult with their constituents to devise the laws to meet local needs
- Regulation made locally are more able to be respected and accepted by community.
- Parliament makes legislation to cover the broad principle whereas the local council makes regulation to address local details.
4) Emergencies
- Since a bill must passes through 3 readings in parliament, therefore it is hardly for the parliament to make legislation to deal with emergencies such as SARS.
- Therefore, it is more appopriate for delegated authorities to make regulation to deal with it.
5) Administrative convenience
- The matters of the government require constant review and updating, and the parliament is not an appropriate forum to do this as it is expensive, time consuming and cumbersome to operate.
6) Political purpose
- Without passing through 3 reading stages of parliament, a regulation can be made.
- Therefore it is used to evade the scutiny of parliament, which known as "back-door".
Disadvantages of Delegated legislation
1)Undemocratic making law
- Since the delegated authorities are not elected by the people, therefore they are not accountable to the regulation made by them.
- Hence, it abrogating the democratic responsibility of a government
2) Complexity of the law
- Some of the regulations are made were too complex and did not meet the need of the community as well as causing alot of unneccesarry problems to the businessmen.
3) Accessibility and a lack of community awareness
- Since the regulations made always according the changes of circumstances, therefore it is hardly for everyone to adapt to the changes of regulations
- And, people unwittingly, therefore, often break the law.
THE END..
Wonderful day
Well this weekends my housemates harry and geng yong didnt go back to their hometown
so they stay
haha.. accompany me for this boring weekends..
first day of weekends we went to play basketball at our campus
then night we have our dinner at Mian Dui Mian pan mee
then go for short shop for our daily uses..
harry bought 3 bread then i buy a expensive HL milk
why i said so? because the price is extremely expensive than other shop
even expensive than our campus' cafeteria which everyone said expensive than nearby mamak stall
mean the milk is realli expensive in this case.. Rm5.30 per 50ml
why i wan buy? ya, just for fun.. i though is cheaper than cafeteria,
but is opposite.. lol..
second day we went play ball again at afternoon..
the campus is empty like haunted house..
but that environment does not affect our playing mood..
we continue palying until 7pm...
sweat lots and feels good cause release stress..
especially geng yong who is havind his SAM test now.
3 point shot still the same ( 4 in a row )
wow! i going to break my record..
wanna make it 5 in a row.. cool right? haha..
with my number 9 only one jersy
i sure i will make it one day soon..
gambateh!!!!
then third day is a raining day..
so geng yong study at home ( legal studies )
harry went out for moral assignment
maybe is with his girlfriend..
then i went out with my sister for movie and breakfast as well as initial D!!!
really cant control not to addict in it, but.. sigh...
finding a way to solve this addiction
so they stay
haha.. accompany me for this boring weekends..
first day of weekends we went to play basketball at our campus
then night we have our dinner at Mian Dui Mian pan mee
then go for short shop for our daily uses..
harry bought 3 bread then i buy a expensive HL milk
why i said so? because the price is extremely expensive than other shop
even expensive than our campus' cafeteria which everyone said expensive than nearby mamak stall
mean the milk is realli expensive in this case.. Rm5.30 per 50ml
why i wan buy? ya, just for fun.. i though is cheaper than cafeteria,
but is opposite.. lol..
second day we went play ball again at afternoon..
the campus is empty like haunted house..
but that environment does not affect our playing mood..
we continue palying until 7pm...
sweat lots and feels good cause release stress..
especially geng yong who is havind his SAM test now.
3 point shot still the same ( 4 in a row )
wow! i going to break my record..
wanna make it 5 in a row.. cool right? haha..
with my number 9 only one jersy
i sure i will make it one day soon..
gambateh!!!!
then third day is a raining day..
so geng yong study at home ( legal studies )
harry went out for moral assignment
maybe is with his girlfriend..
then i went out with my sister for movie and breakfast as well as initial D!!!
really cant control not to addict in it, but.. sigh...
finding a way to solve this addiction
My shoes
This is my shoes which i bought when i was 16.But, i didnt oftenly use it. Cause my skill was suck at that time. by Gy.
Friday, July 24, 2009
Basketball joy
well today me and geng yong and harry went to play basketball at school
saw lot of girls.. haha..
of course we play for exercise not for girls..
but geng yong is the one who always look at pretty girl pass by
just now got one pretty sexy girl going up stairs,
he told me she was hot! wow! is black in clolour shirt
then one is blue shirt sweet girl at cafeteria there..
haha.. then harry being hit by ball while he talking to a sweet girl
cool shot to harry. lol..
mayb is a pay to he cause talking to others girl while having girl friend( not around )
is a betray right? haha.. joke la brother..
we know harry is a loyal guy.
then today they will stay with me for weekends.. first time i guess..
well we will do so stupid stuff so that can fully use the plaesure weekends.
see ya guys..
ah leong.
saw lot of girls.. haha..
of course we play for exercise not for girls..
but geng yong is the one who always look at pretty girl pass by
just now got one pretty sexy girl going up stairs,
he told me she was hot! wow! is black in clolour shirt
then one is blue shirt sweet girl at cafeteria there..
haha.. then harry being hit by ball while he talking to a sweet girl
cool shot to harry. lol..
mayb is a pay to he cause talking to others girl while having girl friend( not around )
is a betray right? haha.. joke la brother..
we know harry is a loyal guy.
then today they will stay with me for weekends.. first time i guess..
well we will do so stupid stuff so that can fully use the plaesure weekends.
see ya guys..
ah leong.
Thursday, July 23, 2009
Wednesday, July 22, 2009
Tuesday, July 21, 2009
Math test ! >: D
well well. gengyong is here, using theweb's computer blogging >: D.. ermm.. what to blog le.. nothing, okay , bye guys. byebye .. cee...b.
Stress
well so obvious SAM having exam now..
so taking a level is free of stress now..
but need to complete my homework too..
sigh.. further maths!!
Planing to have supper now... but they seem not interest with that
nvm, then i eat bread lo..
haha..
so taking a level is free of stress now..
but need to complete my homework too..
sigh.. further maths!!
Planing to have supper now... but they seem not interest with that
nvm, then i eat bread lo..
haha..
Monday, July 20, 2009
Exam week
this week is SAM exam weeks..
all of us study except Ah leong cause he not taking SAM of course.. lol..
Next month just A level Trial exam!!!
so apparently we all are looking hard for exam and study
no more girls chatting and fooling around i guess..
Good luck guys!!!
all of us study except Ah leong cause he not taking SAM of course.. lol..
Next month just A level Trial exam!!!
so apparently we all are looking hard for exam and study
no more girls chatting and fooling around i guess..
Good luck guys!!!
Sunday, July 19, 2009
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