'Your Excellency, it is this penchant for not following the rule of law and their intendment
, this resort to impunity and being clever by half, that is the bane of our development.
The Supreme Court adds that the Legislature is presumed to have acted constitutionally in passing a statute and that courts must start out with the presumption that the statute is constitutional and valid and that every intendment
is in the favor of the validity of the statute.
Virtually every head of enumerated provincial authority contains such terms as "in the Province," "of the Province," or "Provincial" to emphasize the limited territorial reach, and the necessarily local intendment
, of permissible provincial legislation.
2012) ("[T]he intendment
to the Rule is clear: the opposing
claimant's employer be within the intendment
of 43 U.S.C.A.
class="MsoNormalThe court has no power within the intendment
of the law to restrain the defendant as an MCA of Kericho from representation, oversight and legislation.
1920) ("The entry of the final judgment was a mere clerical or ministerial procedure and did not constitute 'the proceeding to take the final judgment, or upon which the final judgment was taken, including the hearing or trial of the other issues in the action, if any,' within the intendment
of that language of section 1350."); see generally KARGER, supra note 47, at 79 ("If, on the other hand, 'nothing is left for the [tribunal] to do except to perform those purely ministerial acts which may be necessary to give effect to the decision of the Appellate Division' (emphasis added), the order is final.").
(8) There was also, however, a category of Imperial statutes, including constitutional statutes concerning the Crown, (9) that applied directly or by necessary intendment
to the colonies ex proprio vigore.
at 454 ("The absence of anything addressing copying in the statutory text weighs against a judicial determination that replication abroad of a master dispatched from the United States 'supplies' the foreign-made copies from the United States within the intendment
of [section] 271(f).").
1992) ("where the constitutionality of an act of the legislature is questioned, [the courts] must approach our review of the legislation with every presumption and intendment
in favor of its validity"); Piggly-Wiggly of Jacksonville, Inc.
[A] Corporation aggregate of many is invisible, immortal, & resteth only in intendment
and consideration of the law....
It may be that the more 'fundamental' the right is, common sense would indicate that in our current environment 'clear words', 'necessary application', 'plain intendment
' or whatever other formulation is adopted, will be harder to find to displace that right.