pith and substance constitutional law. © copyright 2013 tolga r yalkin
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Pith and substanceConstitutional Law
© Copyright 2013 Tolga R Yalkin
© Copyright 2013 Tolga R Yalkin
Pith & Substance
True nature and character
Leading feature
Dominant/ important character
Legislativepurpose
Effects
Legal Practical
Recap
• If the pith and substance falls within jurisdiction, the law is valid.
• If the pith and substance falls outside jurisdiction, the law is invalid.
• Pith and substance is determined by reference to legislative purpose and effects (both legal and practical).
• Both intrinsic and extrinsic evidence is admissible.
© Copyright 2013 Tolga R Yalkin
END
© Copyright 2013 Tolga R Yalkin
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