Judicial Interpretation of Bilingual and Multilingual Laws: A European and Hong Kong Comparison

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Title Judicial Interpretation of Bilingual and Multilingual Laws: A European and Hong Kong Comparison
Author Cao, Deborah
Book Title Interpretation of Law in the Global World: From Particularism to a Universal Approach
Editor J Jemielniak and P Miklaszewicz
Year Published 2010
Place of publication Heidelberg, London and New York
Publisher Springer
Abstract In today's globalized world, there has been an increase in the use of two or more languages in law and judicial process as in the case of Hong Kong and the European Union and the Court of Justice of the European Union. In such bilingual/multilingual jurisdictions, one basic legal principle of interpretation is that the law in different official languages is equally authentic and is deemed the same, the 'equal authenticity rule'. Such a principle governs and guides both the legislative drafting process and the judicial interpretation of laws. This chapter describes the legislative drafting process of bilingual and multilingual laws and discusses judicial interpretation of such laws. It outlines the basic legal rule of equal authenticity followed by an examination of the situations in Hong Kong and the EU. It also discusses how the courts approach linguistic disagreements found or allegedly found in bilingual and multilingual laws. Some of the interpretive rules adopted by the courts in the search for meaning and certainty are also highlighted.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.springerlink.com/
Alternative URI http://dx.doi.org/10.1007/978-3-642-04886-9_4
Chapter Number 3
Page from 71
Page to 86
ISBN 9783642048852
Date Accessioned 2010-09-09
Date Available 2011-05-12T07:01:59Z
Language en_AU
Research Centre Socio-Legal Research Centre
Faculty Arts, Education and Law
Subject Legal Theory, Jurisprudence and Legal Interpretation
URI http://hdl.handle.net/10072/35263
Publication Type Book Chapters
Publication Type Code b1

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