[blml] Sykes and Mist Beads [SEC=UNOFFICIAL]
Wayne Burrows
wjburrows at gmail.com
Fri Feb 1 01:51:36 CET 2008
On 01/02/2008, richard.hills at immi.gov.au <richard.hills at immi.gov.au> wrote:
> 2007 Law 40B2(a):
>
> >The Regulating Authority is empowered without restriction
> >to ..... allow conditionally, any special partnership
> >understanding .....
>
> Richard Hills:
>
> Under a literal reading of "without restriction" it seems
> that a Regulating Authority could perpetrate this rule:
>
> "You may use the Ghestem convention on the condition that
> you never claim, never misbid, and also never bid a slam."
>
> So I still argue that "without restriction" should be read
> as "without restriction, unless contrary to another more
> specific Law".
>
> That is, I prefer the Kojak rule-of-the-thumb, "a specific
> Law takes priority over a more general Law" to another more
> arbitrary policy, "if you do not like what a Law says, find
> another Law".
>
This would be a major philosophical change we have just had 20 or more
years in which the laws are interpreted to mean whatever the director
or Sponsoring Organization or National Authority want them to mean
even if plainly contrary to the written laws.
Wayne
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