Principle as a Means of Identifying a Legislative Gap (on the Example of Juvenile Justice)

The paper presents the principle as a research issue as a basis for identifying a legislative gap. In terms of research methodology, the paper uses an inductive and deductive method that plays the lion's role in shaping the final conclusion. Especially important is the legitimacy method, which broadly shows the importance of the principle in the development of law, for law and justice. The aim of the paper is to cover the issue with a new approach, in particular, the paper combines, on the one hand, a review of constitutional procedures for gaps in the legislation, analyzes of ways to correct gaps in the legislation, against which the principle can be considered The issue is covered by analyzing the importance of the norm-principle of juvenile justice – prioritizing the best interests and defining its role in identifying gaps in the legislation in juvenile justice. To illustrate this point, such a fundamental issue of juvenile justice as custodial bail and its relevance to the priority of best interests as a matter of principle is analyzed. The findings are based on a critical analysis of the functioning of the juvenile justice norm-principle with bail in conjunction with a discussion of the constitutional issues of detecting legislative gaps. The existence of the principle as the basis of any legislation is outlined and its mirror principle is shown, according to which it reflects the legislative gaps and shows the way to the harmonization of the legislation.

R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998 via the ‘mirror principle’. The document also includes supporting commentary from author Thomas Webb.

Phonological evidence for morpho-syntactic structure in Athapaskan

Athapaskan verbal morphology appears to violate the Mirror Principle in multiple ways and, thus, the ordering of affixes in these languages has resisted a straightforward analysis. We adopt a new morphological tool of Iterative Root Prefixation, which allows for a more direct mapping from syntax to morphology in languages of this profile. Apparent violations of affix ordering that remain, namely the puzzling placement of the transitive and causative morphemes, are argued to be explained by overriding phonological constraints.

Loci of agreement and deviations from the Mirror Principle in Hungarian verbs

In this revised account of Hungarian verbal agreement, I propose that the language’s locus of subject agreement is not T, unlike in current Minimalist analyses, but Pred (or Asp), just above direct object agreement in v. Furthermore, the surface linear order of affixes (stem – tense/mood – object agreement – subject agreement) does not conform to the hierarchical order of syntactic heads (V < v < Pred < T/M), thus violating the Mirror Principle, because local dislocation in postsyntactic morphology adjusts the initial linearization of the heads.

R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998’via the ‘mirror principle’. The document also includes supporting commentary from author Thomas Webb.

5. Registered Land

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents questions on registered land under the Land Registration Act (LRA) 2002 and deal with all aspects of registrable interests and two categories of interest which are not registrable substantively, which include minor (registrable interests that can be protected by the entry of a notice on the register), and overriding interests (a list of which is contained in Schedule 3, LRA 2002), alongside the mirror principle.

Morpheme Ordering

Morpheme ordering is largely explainable in terms of syntactic/semantic scope, or the Mirror Principle, although there is a significant residue of cases that resist an explanation in these terms. The article, we look at some key examples of (apparent) deviant ordering and review the main ways that linguists have attempted to account for them. Approaches to the phenomenon fall into two broad types. The first relies on mechanisms we can term “morphological,” while the second looks instead to the resources of the ‘narrow’ syntax or phonology. One morphological approach involves a template that associates each class of morphemes in the word with a particular position. A well-known example is the Bantu CARP (Causative-Applicative-Reciprocal-Passive) template, which requires particular orders between morphemes to obtain irrespective of scope. A second approach builds on the intuition that the boundary or join between a morpheme and the base to which it attaches can vary in closeness or strength, where ‘strength’ can be interpreted in gradient or discrete terms. Under the gradient interpretation, affixes differ in parsability, or separability from the base; understood discretely, as in Lexical Morphology and Phonology, morphemes (or classes of morphemes) may attach at a deeper morphological layer to stems (the stronger join), or to words (weaker join), which are closer to the surface. Deviant orderings may then arise where an affix attaches at a morphological layer deeper than its scope would lead us to expect. An example is the marking of case and possession in Finnish nouns: case takes scope over possession, but the case suffix precedes the possessive suffix. Another morphological approach is represented by Distributed Morphology, which permits certain local reorderings once all syntactic operations have taken place. Such operations may target specific morphemes, or morphosyntactic features characterizing a class of morphemes. Agreement marking is an interesting case, since agreement features are bundled as syntactically unitary heads but may in certain languages be split morphologically into separate affixes. This means that in the case of split agreement marking, the relative order must be attributed to post-syntactic principles. Besides these morphological approaches, other researchers have emphasized the resources of the narrow syntax, in particular phrasal movement, as a means for dealing with many challenging cases of morpheme ordering. Still other cases of apparently deviant ordering may be analyzed as epiphenomena of phonological processes and constraint interaction as they apply to prespecified and/or underspecified lexical representations.

Traumas of Roots and Extinction in the 20th Century Literature of Empire: The Mirror Principle in Marguerite Duras’ India Cycle (1964-71) and Ahmed Ali’s Twilight in Delhi (1940)

This article comparatively analyses Marguerite Duras’ India Cycle and Ahmed Ali’s Twilight in Delhi. A Mirror Principle centres on ‘emptiness’, synthesising elements of Marxism and Buddhism. A new optic is created for understanding 1930s Indian nationalism, including Dalit and national leader Ambedkar, Tagorian “composite culture”, Mohammed Iqbal, and Islam and gender in northern India. The Mirror Principle juxtaposes Heideggerian ‘repetition’ and Marxian ‘dialectics’ as divergent anti-colonial paths. Duras and Ali are linked by a common Proustian problematic of memory and ephemerality. They revolutionize the Proustian tradition to create a new literary genre in oneiric socialism. The article analyses trauma, in the French Resistance and the 1857 rebellion, and literary reconstructions of traditional roots in their wake, with differing nation-making ramifications.

Mirror principle and the red-giant bump: the battle of entropy in low-mass stars

ABSTRACT The evolution of low-mass stars into red giants is still poorly understood. During this evolution the core of the star contracts and, simultaneously, the envelope expands – a process known as the ‘mirror’. Additionally, there is a short phase where the trend for increasing luminosity is reversed. This is known as the red giant branch bump. We explore the underlying physical reasons for these two phenomena by considering the specific entropy distribution in the star and its temporal changes. We find that between the luminosity maximum and luminosity minimum of the bump there is no mirror present and the star is fully contracting. The contraction is halted and the star regains its mirror when the hydrogen-burning shell reaches the mean molecular weight discontinuity. This marks the luminosity minimum of the bump.

The Ups and Downs of Head Displacement

We propose a theory of head displacement that replaces traditional Head Movement and Lowering with a single syntactic operation of Generalized Head Movement. We argue that upward and downward head displacement have the same syntactic properties: cyclicity, Mirror Principle effects, feeding upward head displacement, and being blocked in the same syntactic configurations. We also study the interaction of head displacement and other syntactic operations, arguing that claimed differences between upward and downward displacement are either spurious or follow directly from our account. Finally, we show that our theory correctly predicts the attested crosslinguistic variation in verb and inflection doubling in predicate clefts.