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A Glossary of Constitutional Terms: English / Nepali

A Glossary of Constitutional Terms: English / Nepali

A Glossary of Constitutional Terms: English / Nepali

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a phrase in Latin about being overcautious: 'ex abundanti cautela'or 'out <strong>of</strong> an abundance <strong>of</strong> caution'—used when a court feels theneed to say that a word or phrase adds nothing (which goes againsta basic principle <strong>of</strong> statutory interpretation that meaning must begiven to each word or phrase).But one should not assume too easily that the seeming verbosity inlegal texts is the result <strong>of</strong> drafters being too cautious. Look at this(also from the Constitution <strong>of</strong> Papua New Guinea): 'the privileges,powers, functions, duties and responsibilities <strong>of</strong> the Head <strong>of</strong>State may be had, exercised and performed through a Governor-General.' If one analyzes the import carried by the apparentlysynonymous words used here—privilege, power, function, dutyand responsibility—one will realize that these words have differentshades <strong>of</strong> meaning; Lynch was acting out <strong>of</strong> caution, not out <strong>of</strong> anexcess <strong>of</strong> caution.ArchaismLegal language can also seem odd to many readers because draftersreuse old words. Archaic words live on in statutes. There are allsorts <strong>of</strong> old-fashioned turns <strong>of</strong> phrase that survive in law, and inlaws, that one will not find anywhere else:the said Council;pursuant to an order;gross misconduct;as soon as may be;effluxion <strong>of</strong> time, etc.VA <strong>Glossary</strong> <strong>of</strong> <strong>Constitutional</strong> <strong>Terms</strong>

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