scholarly journals Clashing Canons and the Contract Clause

2021 ◽  
pp. 147
Author(s):  
T. Leigh Anenson ◽  
Jennifer Gershberg
Keyword(s):  
Pension Reform ◽  
Legal Reasoning ◽  
Public Pension ◽  
State Court ◽  
Statutory Interpretation ◽  
State Constitutions ◽  
Government Employment ◽  
Profound Influence ◽  
The U.S

This Article is the first in-depth examination of substantive canons that judges use to interpret public pension legislation under the Contract Clause of the U.S. Constitution and state constitutions. The resolution of constitutional controversies concerning pension reform will have a profound influence on government employment. The assessment begins with a general discussion of these interpretive techniques before turning to their operation in public pension litigation. It concentrates on three clashing canons: the remedial (purpose) canon, the “no contract” canon (otherwise known as the unmistakability doctrine), and the constitutional avoidance canon. For these three canons routinely employed in pension law, there has been remarkably little research on their history, evolution, or impact. This study spotlights the methodology that underlies these diverse and complicated judgments. Illuminating actual judicial practices lets us better comprehend when, how, and why these canons function. It puts us in a position to choose the most appropriate canon(s) and to offer improvements on their operation. It also allows us to relate the role of canons to other kinds of legal reasoning. Significantly, studying these canons fills a void in state statutory interpretation as well as contributes to a better understanding of state court enforcement of the Contract Clause that has received scarcely any attention.

Controlling the effects of demographic risks: the role of pension indexation schemes

2005 ◽  
Vol 4 (2) ◽  
pp. 139-153 ◽  
Author(s):  
JUHA M. ALHO ◽  
SVEND E. HOUGAARD JENSEN ◽  
JUKKA LASSILA ◽  
TARMO VALKONEN
Keyword(s):  
Pension Reform ◽  
Public Pension ◽  
Average Wage ◽  
Wage Level ◽  
Wage Bill ◽  
Trade Off ◽  
Pension Benefits

Within a model featuring demographic uncertainty, this paper studies a pension reform where public pension benefits are indexed to the total wage bill rather than to the average wage level. This implies a decline in the variability of contribution rates and an increase in the variability of replacement rates. While thus shifting some of the adjustment burden following demographic shocks to pensioners, the trade-off in risks is found to be fairly moderate.

Hassan al-Turabi’s Religious Discourse on Faith, Renewal, and Ijtihād

2015 ◽  
Vol 32 (1) ◽  
pp. 75-94
Author(s):  
Gubara Said Hassan ◽  
Jabal M. Buaben
Keyword(s):  
Social Order ◽  
Public Discourse ◽  
Legal Reasoning ◽  
Religious Discourse ◽  
Religious Movement ◽  
Political Leader ◽  
Political Struggle ◽  
Religious Ideology ◽  
Religious Symbolism

The role of Islamic intellectuals is not confined to elaborating on the religious ideology of Islam. Equally important is their role in setting this religious ideology against other ideologies, sharpening and clarifying their differences, and thereby developing and intensifying one’s commitment to Islam as a distinct, divinely based ideology. Islam, as both a religion and an ideology, simultaneously mobilizes and transforms, legitimizes and preserves. It can be an instrument of power, a source and a guarantee of its legitimacy, as well as a tool to be used in the political struggle among social classes. Islam can also present a challenge to authority whenever the religious movement questions the existing social order during times of crisis and raises a rival power, as the current situation in Sudan vividly demonstrates. Throughout his political career, Hassan al-Turabi has resorted to religious symbolism in his public discourse and/or Islamic rhetoric, which could often be inflammatory and heavily reliant upon the Qur’an. This is, in fact, the embodiment of the Islamic quest for an ideal alternative. Our paper focuses on this charismatic and pragmatic religio-political leader of Sudan and the key concepts of his religious discourse: faith (īmān), renewal (tajdīd), and ijtihād(rational, independent, and legal reasoning).

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

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