But this is a mere rule of construction, not derived from any positive law
, but from the nature and reason of the thing.
First, he seeks to show that their concepts of ius gentium retain traditional universal and normative features from the natural law tradition, but their concepts also depart from that tradition by locating ius gentium in positive law
. Hence both authors argue that the scope of ius gentium is (almost) as broad as natural law, though it is not merely subjective or dependent on the will of states (306, 308).
In order to clarify the processes by which hadiths on a given legal topic were formed and developed, Yanagihashi analyzes their isnads and matns and compares them with expositions of positive law
in early fiqh such as those attributed to Muhammad b.
This code is a positive law
to develop even more and this does not conflict with religion, he insisted, referring to the presidential initiative on equality and individual freedoms.
interpret or fill in gaps in positive law
, without undercutting the
Through RBL, one man, or a faction or a party, rules through positive law
to impose his/her/their will on others.
When determining whether a local official possesses final policymaking authority, courts must look to legal authorities including state and local positive law
. The relevant local positive law
in this case makes clear that the Town delegated to Bralley final and unconstrained policymaking authority with regard to the challenged actions at issue.<br />Bralley wielded such authority free of any constraints on her discretion when she terminated the Plaintiffs' employment in violation of the First Amendment.
inception--about the nature of positive law
, its conformity with the
Judges and officials still claim--with varying degrees of plausibility--that their constitutional decisions are rooted in Founding-era law, (5) and that "we are all originalists." (6) Commitments like these lead some to conclude that originalism is actually our positive law
, (7) a claim that Coan is willing for argument's sake to entertain.
Part IV illustrates the hypothesis by examining amendments to subchapters S, K, and C of the Code as well as efforts to codify the federal statutes as positive law
, and part V concludes.
"The promise that the people will decide in a referendum is not based on the Constitution or any law either because there is no norm in the positive law
on calling a referendum either consultative or mandatory for the purpose of changing the country's name and especially regarding the identity provisions," the letter says.