Judicial Interpretation in Public law

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YAVARI ASSADOLLAH; Mehraram Parham

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Journal Paper

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2018 | Volume:82 | Issue:102 Page(s): 263-288

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Information Journal Paper

Title

Judicial Interpretation in Public law

Author(s)

YAVARI ASSADOLLAH | Mehraram Parham | Issue Writer Certificate

Keywords

Determination of MeaningQ1

OriginalismQ1

Dynamic SchoolsQ1

Judicial InterprationQ1

Constitutional InterprationQ2

Abstract

Public Law has some unique characteristics which draws a distinction between it and other branches of law. It proposes this question, that whether these characteristics provide a specific way of interpretation for public law. One can answer to this question that although public law does not have specific method of interpretation, it enjoys different interpretational schools in different ways. For example, nowadays, the inefficiency of Originalism in some area of public law is well demonstrated. In constitutional law, the key role of constitution as a most important document in distribution of power, freedoms and rights and its ambiguous and general terms presents some problems for Orginalism, which believes in Determination of Meaning. In administrative law, regarding the fundamental developments in the modern administration and the hesitation about some premises of it-such as rule of law and separation of power-Originalism faces with a crisis. Therefore, there are some growing trends toward dynamic ways of interpretation. This debate plays a pivotal role in distribution of power between judiciary and administrative institutions.

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APA: Copy

YAVARI, ASSADOLLAH, & Mehraram, Parham. (2018). Judicial Interpretation in Public law. THE JUDICIARY’S LAW JOURNAL, 82(102 ), 263-288. SID. https://sid.ir/paper/137935/en

Vancouver: Copy

YAVARI ASSADOLLAH, Mehraram Parham. Judicial Interpretation in Public law. THE JUDICIARY’S LAW JOURNAL[Internet]. 2018;82(102 ):263-288. Available from: https://sid.ir/paper/137935/en

IEEE: Copy

ASSADOLLAH YAVARI, and Parham Mehraram, “Judicial Interpretation in Public law,” THE JUDICIARY’S LAW JOURNAL, vol. 82, no. 102 , pp. 263–288, 2018, [Online]. Available: https://sid.ir/paper/137935/en

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