super activity group la regarding kalvettu, meikeerthi, and copper
ennoda thaazhmaiyaana karuthai sollikolla virumbhughiren….
namma kitta irukkaradhu dhammaa thoondu piece of information…
adhai interpret panni solradhula variations wud be ekkachakkam…..
for instance there are various Principles regarding interpreation of
constituion.. they are
1. Textual. Decision based on the actual words of the written law,
if the meaning of the words is unambiguous. Since a law is a
command, then it must mean what it meant to the lawgiver, and if the
meaning of the words used in it have changed since it was issued,
then textual analysis must be of the words as understood by the
lawgiver, which for a constitution would be the understanding of the
ratifying convention or, if that is unclear, of the drafters. Some
the law there is not any departure. 5 Coke 118. Noscitur à sociis.
Meaning of words may be ascertained by associated words. 3 T.R. 87.
2. Historical. Decision based less on the actual words than on the
understanding revealed by analysis of the history of the drafting
and ratification of the law, for constitutions and statutes,
sometimes called its legislative history, and for judicial edicts,
the case history. A textual analysis for words whose meanings have
changed therefore overlaps historical analysis. It arises out of
such Latin maxims as Animus hominis est anima scripti. Intention is
the soul of an instrument. 3 Bulst. 67.
3. Functional. Also called structural. Decision based on analysis
of the structures the law constituted and how they are apparently
intended to function as a coherent, harmonious system. A Latin maxim
is Nemo aliquam partem recte intelligere potest antequam totum
perlegit. No one can properly understand a part until he has read
the whole. 3 Coke Rep. 59.
4. Doctrinal. Decision based on prevailing practices or opinions of
legal professionals, mainly legislative, executive, or judicial
precedents, according to the meta-doctrine of stare decisis, which
treats the principles according to which court decisions have been
made as not merely advisory but as normative. Some Latin maxims are:
Argumentum à simili valet in lege. An argument from a like case
avails in law. Coke, Littleton, 191. Consuetudo et communis
assuetudo … interpretatur legem scriptam, si lex sit generalis.
Custom and common usage … interpret the written law, if it be
general. Jenk. Cent. 273. Cursus curiæ est lex curiæ. The practice
of the court is the law of the court. 3 Buls. 53. Judiciis
posterioribus fides est adhibenda. Credit is to be given to the
latest decisions. 13 Coke 14. Res judicata pro veritate accipitur. A
thing adjudicated is received as true. Coke, Littleton, 103.
5. Prudential. Decision based on factors external to the law or
interests of the parties in the case, such as the convenience of
overburdened officials, efficiency of governmental operations,
avoidance of stimulating more cases, or response to political
pressure. One such consideration, avoidance of disturbing a stable
body of practices, is also the main motivation for the doctrinal
method. It also includes such considerations as whether a case
is “ripe” for decision, or whether lesser or administrative remedies
have first been exhausted. A Latin maxim is Boni judicis est lites
dirimere. The duty of a good judge is to prevent litigation. 4 Coke
6. Equitable. Also called ethical. Decision based on an innate
sense of justice, balancing the interests of the parties, and what
is right and wrong, regardless of what the written law might
provide. Often resorted to in cases in which the facts were not
adequately anticipated or provided for by the lawgivers. Some
scholars put various balancing tests of interests and values in the
prudential category, but it works better to distinguish between
prudential as balancing the interests and values of the legal system
from equitable as balancing the interests and values of the parties.
It arises out of the Latin maxim, Æquitas est perfecta quædam ratio
quæ jus scriptum interpretatur et emendat; nulla scriptura
comprehensa, sed sola ratione consistens. Equity is a sort of
perfect reason which interprets and amends written law; comprehended
in no code, but consistent with reason alone. Coke, Littleton, 24.
7. Natural. Decision based on what is required or advised by the
laws of nature, or perhaps of human nature, and on what is
physically or economically possible or practical, or on what is
actually likely to occur. This has its origin in such ancient Latin
maxims as: Jura naturæ sunt immutabilia. The laws of nature are
unchangeable. Jacob. 63. Impossibilium nulla obligatio est. There is
no obligation to do impossible things. D. 50, 17, 185. Lex non cogit
ad impossibilia. The law does not compel the impossible. Hob. 96.
Lex neminem cogit ad vana seu inutilia peragenda. The law requires
no one to do vain or useless things. 5 Coke 21. Legibus sumptis
desinentibus, lege naturæ utendum est. Laws of the state failing, we
must act by the law of nature. 2 Rol. Rep. 98.
source : http://www.constitution.org/cons/prin_cons.htm
Kitta thatta nummaloda kalvettu inscriptions, copper plates
inscription ellaame have to be interpreted with the above premise.
adhu dhaan thaazhmaiyaana opinion.
Unnoda karuthai nee sollu.. ennoda karuthai naan solren….
adhukkaagha..MURANAANA KARUTHU KONDAVAN MADAIYAN .. nnu solradhu
endha vidhathula nyayam…???
one can understand certain things.. the other person may understand
the other things… yaaru eppadi purinjukkaraa ngradhai poruthu
dhaan kannottame amaiyum….
janangale purinjukkonga…. “KATRADHU KAIMANN ALAVU.. KALLAADHADHU
yaaru kittayum conclusive proof illaadhavaraikkum aduthavan solradhu
thappu.. nadandhirukkave mudiyaadhu nnu nianikkaradhai niruthunga…
Satish: Well done and Well said….