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Arizona isn't alone in its Contract Clause interpretation: Illinois follows the same doctrine, and in fact that particular doctrine is called the "California Rule", which I've written about in the past.
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Maybe Supreme Court justices don't like to see their work overruled by constitutional amendment; courts, in the long run, follow election returns; and union-friendly justices might realize that their strict Pension Clause interpretations aren't always pro-worker.
For example, Arizona points out that LAWA seeks to prevent discrimination by including a clause preventing an interpretation of LAWA that requires an employer to violate federal law.
Figure 4 includes four instances of Theme reiteration pattern in the graph, as the Theme "revenues" in the clause underlying the interpretation of the first bar is taken as the Theme of the ensuing ones, thereby constituting an implicit relational identifying clauses expressed by some form of the verb be that links the Rheme with the Theme.
Some of us asked Grieve to clarify the effects of these proposed interpretation clauses at yesterday's meeting.
However, and here is the rub, this still "leaves scope for interpretation clauses," Grieve has said, "to provide for the better balancing of rights where the assertion of a right undermines the rights of others".
But it is not at all clear that the human rights framework for balancing or limiting rights – based on preventing harm rather than creating eligibility criteria – will survive these suggested "interpretation clauses".
Or perhaps the new interpretation clauses Grieve proposes would be necessary to fulfil Cameron's repeated ambition for a "modern British bill of rights" that "sets out people's rights and responsibilities" and would "strengthen our hand in the fight against terrorism and crime".
Grieve's "own inclination" would be to favour a bill of rights which uses ECHR rights as currently drafted, but "where rights are qualified and not absolute" he would "consider the possibility of interpretation clauses to give a more detailed guide consonant with our own legal and political traditions".
Given that the HRA already allows – indeed requires – rights to be limited to protect others and deter crime we are left wondering what Grieve means when he said, in the same speech, that such "interpretation clauses" should "give a more detailed guide consonant with our own legal and political traditions than does the ECHR text itself as to the weight to be given" to each of the articles.
Grieve has pointed to a woman and her son whose deportation to Lebanon was prevented by our courts on the grounds that she would lose custody of her young child to a formerly violent father he had never met, as the kind of decision that could be affected by a bill of rights with "interpretation clauses" that are more "consonant with our own legal and political traditions".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com