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| | Rule of law - Wikipedia, the free encyclopedia |
 | | The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. | | | However, the "rule of law" is considered a pre-requisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West. | | | One is that by focusing on the procedures used to create the law, one loses sight of the content and consequences of those laws. |
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http://en.wikipedia.org/wiki/Rule_of_law
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| | What is Rule of Law |
| | Under rule of law, the authority of law does not depend so much on law's instrumental capabilities, but on its degree of autonomy, that is, the degree to which law is distinct and separate from other normative structures such as politics and religion. | | | The third meaning of rule of law is formal or procedural justice. | | | For example, in constitutional and criminal law, there is a prohibition on "ex post facto" laws, that is, no one should be punished for a crime not previously defined in law. |
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http://www.oycf.org/Perspectives/5_043000/what_is_rule_of_law.htm
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| | COURTS AND THE RULE OF LAW |
| | Migration Act 1958 (Cth), or the common law, as in an application to a Supreme Court for a prerogative writ against a lower court or administrator amenable to such a writ, the essence of what is involved is to compel those invested with governmental power to exercise such power according to law. | | | The rule of law is not enforced by an army. | | | The common law judicial method, whether applied by trial judges, judges of intermediate appeal courts, or judges of courts of final resort, is a method of legalism. |
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http://www.hcourt.gov.au/speeches/cj/cj_ruleoflaw.htm
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| | News and Reports - The Rule of Law |
| | Although under the rule of law all are subject to the law, it is still the case that the ultimate power belongs to those who make the law (either directly or through elected representatives) and not to the law itself; law is not sovereign, but, rather, law is the will of the sovereign. | | | If the rule of law requires a written law that all can consult, then this must apply to both the laws of the state and the higher law upon which these laws are to be based. | | | A Christian understanding of the rule of law means that all branches of government are subject to the law of God, and must look to it as their standard. |
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http://www.visionforumministries.org/sections/hotcon/ht/interposition/2005-03-29_einwechter.asp
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| | Rule of Law versus Unlimited Rule |
| | The rule of law is a recognition of the government& obligation to the citizenry. | | | The more often the law is revised, the more that law becomes simply a series of arbitrary political commands that must be obeyed, a grant of unlimited power to government officials. | | | The flood of laws and revisions of laws amounts to perpetually changing the rules of society to the point at which the United States degenerates into a Third World condition. |
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http://www.fff.org/freedom/fd0302d.asp
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| | What Is Democracy? - The Rule of Law |
| | Every state must have the power to maintain order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary, or subject to political manipulation by the state. | | | These are laws made after the fact so that someone can be charged with a crime even though the act was not illegal at the time it occurred. | | | The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just and democratic society. |
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http://usinfo.state.gov/products/pubs/whatsdem/whatdm4.htm
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| | Threats to the Rule of Law in America by Walter Williams -- Capitalism Magazine |
| | Rule of law refers to freedom of contract and enforcement of contracts, protection of private property, stability of laws, a requirement that all persons, private individuals and government officials are subject to the same laws, and most importantly, limitation of the authority of government. | | | For the most part, they could expect today's laws to be tomorrow's laws; hence, they could plan for the future. | | | Where there's rule of law, human initiative flourishes. |
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http://www.capmag.com/article.asp?id=1694
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| | [No title] |
| | The Rules of Court alone enforce the Rule of Law. | | | By learning the Rules of Court and using that knowledge to enforce the Rule of Law, you are making the world safer for future generations. | | | enforcing the Rule of Law by using the Rules of Court to secure due process for one and all. |
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http://www.jurisdictionary.com/rule_of_law.htm
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| | Natural Law and the Rule of Law by David Forte |
| | In particular, judges who claim that the written law is the touchstone of their legal authority assert that it is the best protection against judicial usurpation and judicial activism. | | | A judge operating under the norms of natural law is more respectful of his limitations under positive law than even a positivist is. A positivist must acknowledge that the will is the authenticator of the law. | | | It would be a "crime," Marshall said, if the Court, after swearing to uphold the law, should enforce an act that was not truly law. |
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http://www.ashbrook.org/publicat/onprin/v4n2/forte.html
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| | De Novo: Rule of Law |
| | And technicalities, in judge-made law, are revised (and even jettisoned) all the time by higher courts. | | | One of the problems is that 'rule of law' is a hazier term than 'technicality.' And I say that as someone who's got an exam on it in under four weeks... | | | So the rule of law certainly doesn’t depend on the first kind of technicality—which I doubt Will Baude meant to argue—and I’d even suggest that it doesn’t absolutely depend on the second type, either, at least with respect to non-constitutional technicalities. |
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http://www.blogdenovo.org/archives/000207.html
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| | Foreign Affairs - The Rule of Law Revival - Thomas Carothers |
| | The rule of law can be defined as a system in which the laws are public knowledge, are clear in meaning, and apply equally to... | | | The rule of law promises to move countries past the first, relatively easy phase of political and economic liberalization to a deeper level of reform. | | | Rewriting constitutions, laws, and regulations is the easy part. |
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http://www.foreignaffairs.org/19980301faessay1377/thomas-carothers/the-rule-of-law-revival.html
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| | OpinionJournal - Extra |
| | Hence when the infant American republic came to draw up its constitution, the framers were very conscious that they were upholding and reinforcing a system of government "of laws, not men," and that their task was to establish, for all time and in written form, a constitution that guaranteed the rule of law. | | | For democracy, without the rule of law to uphold the wishes of the electorate, is worthless, as the history of the past half-century has shown again and again in Africa, Latin America and Asia. | | | Second, it should be lawful to change the constitution from time to time but by a procedure that discouraged rash innovations--as James Madison put it, amending the constitution "should be possible but not easy." Third, it was essential to interpret the constitution in a conservative but enlightened manner. |
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http://www.opinionjournal.com/extra?id=65000285
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| | The Constitution and the Rule of Law |
| | As Hayek explains, the rule of law means that people do not have to answer to the arbitrary decisions of governmental officials; instead, they guide their actions by what is prohibited by a clearly defined law. | | | And, unfortunately, the rule of law is also now considered an outdated legal concept. | | | Michael Milken, now serving jail time, is a good example of the hazards of abandoning the rule of law. |
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http://www.fff.org/freedom/0892a.asp
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| | Fiedor: State of the Union, 1998 |
| | That is, Congress was not expected to pass unconstitutional laws, the President and the Courts were expected to strictly enforce the Bill of Rights, and your state and local officials would do only those things outlined by your state constitution and/or city charter. | | | Therefore, the first ten amendments remain the law of the land; that is, if we citizens start to demand that they be enforced as such. | | | One old political dictionary defines Rule of Law as "an Anglo-American concept that emphasizes the supremacy of the law and restricts the discretionary power of public officials. |
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http://www.uhuh.com/reports/headsup/state98.htm
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| | The Fiction and Tyranny of "Administrative Law" |
| | Otherwise, the thought seems to be, whether stated openly in the law or not, that no one has a right to engage in certain actions, mainly business activities, without government, especially federal, licensing permission, and that this permission may then be granted under whatever conditions the government decides to grant it. | | | These principles will not prevent any further bad laws or tyrannical practices, but they will defuse the structural tyranny that has been created through "administrative law," its "inquisitors," its regulatory extra-constitutional legislators, and its fraudulent "courts." Further restrictions would concern the use of civil law for government actions, treated elsewhere. | | | The current grotesque breaches of this protection are possible through the sophistry that administrative agencies are not engaged in criminal investigations, but in "administrative actions." Of course, the Fourth Amendment does not specify that this protection only applies to criminal actions, so that avenue is really not available to honest argument. |
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http://www.friesian.com/fiction.htm
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| | THE "RULE OF THE POWERFUL", NOT THE "RULE OF LAW" |
| | October 26, in accord with the State's insistence, sue us or we won't enforce the law equally, protecting only certain classes of private workers, the Complaint against the State of Washington is filed in the Superior Court for the County of King, case no. 98-2-24681-2KNT. | | | I am in the midst of a lawsuit seeking to have the State of Washington enforce "the rule of (public safety) law" across class lines. | | | The truth of the matter is under existing state & federal laws, it is illegal to smoke in ANY workplace. |
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http://www.geocities.com/WallStreet/Market/4809
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| | PJ BlogJams: Let's Kill All The Lawyers?: The Rule of Law in the 21st Century |
| | I think strengthening civil society increases securoty, and the rule of law is a critical part of strong civil society. | | | I hate to agree with anything Saddam has said, but hasn't he argued that the rules for this court were partially written by the CPA. | | | The question now, will we be able to bring those who are currently immune (and I mean clerics) to a court of law incase they break the law. |
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http://blogjam.pajamasmedia.com/archives/2005/12/lets_kill_all_the_lawyers_the.php
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| | FindLaw's Writ - Hamilton: The Rule of Law |
| | Rather, those two historic decisions paid homage to the rule of law, cementing the long-held rule that religious individuals are subject to the rule of law just as much as anyone else. | | | The emphasis, in a culture committed to the rule of law, must be on the public good, not solely the individual religious believer's needs. | | | By that phrase, I mean the ideal under which every citizen is governed by the same law, applied fairly and equally to all; government favors may not be bought; and justice is administered blindly, in the sense that it never stoops to favoritism. |
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http://writ.news.findlaw.com/hamilton/20031023.html
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| | USAID Democracy and Governance: Technical Areas: Rule of Law |
| | The term "rule of law" embodies the basic principles of equal treatment of all people before the law, fairness, and both constitutional and actual guarantees of basic human rights. | | | In many states with weak or newly-emerging democratic traditions, existing laws are not fair or are not fairly applied, judicial independence is compromised, individual and minority rights are not truly guaranteed, and institutions have not yet developed the capacity to administer existing laws. | | | A predictable legal system with fair, transparent, and effective judicial institutions is essential to the protection of citizens against the arbitrary use of state authority and lawless acts of both organizations and individuals. |
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http://www.usaid.gov/our_work/democracy_and_governance/technical_areas/rule_of_law
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| | Rule of law - INQ7.net |
| | It is law that has nothing to do with justice. | | | In this country, it's become almost axiomatic that when you hear someone shout rule of law, law is the last thing he wants to reign. | | | We've gone full circle, back to martial law when at no time was the law invoked more ardently yet at no time was lawlessness more rife. |
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http://news.inq7.net/opinion/index.php?index=2&story_id=48650&col=77
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| | Limited Government and the Rule of Law -- The Christmas Conspiracy! |
| | Unfortunately, American law and legal institutions have become increasingly uncertain and unstable over the course of the 20th century as statutory law has come increasingly to replace common law and as common law itself has become increasingly politicized. | | | Implicit in this Amendment is that the federal judiciary shall make no similar law, though it was never imagined that the judiciary would be making laws as it does today. | | | Good men will rule well in the absence of good laws. |
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http://members.aol.com/wundrer/issues/rule.htm
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| | Editorial: Rule of Law |
| | Enticing though such reasoning may be, it remains a fact that all civilized societies must be based upon the rule of law. | | | While the guilt of many of those still held in custody is hardly in doubt, it is right that the evidence that convicted them originally should be tried and tested in a public court of law. | | | If this is indeed the case, there will be powerful arguments that the government was wrong to stick to the letter of the law and should have left well alone. |
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http://www.arabnews.com/?page=0§ion=7&article=27320&d=12&m=6&y=2003
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| | The Rule of Law Page |
| | The Internet Studio is a demonstration, training and developmental unit established and funded by the National Institute Justice (NIJ), the principal research and evaluation arm of the United States Department of Justice, as well as a national and international clearinghouse of criminal justice information. | | | The rule of law in America is under fire...." | | | The ICC, therefore, can be distinguished from the International Court of Justice, whose jurisdiction is limited to questions concerning the obligations and responsibility of States. |
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http://talkjustice.com/files/rule.htm
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| | Rule of Law? MetaFilter |
| | The proper way to fix a broken law would be either through Congress, or through the Court if he thought the law was unconstitutional. | | | The rule of law matters, to be sure. | | | An interesting sidenote: When the case came before the Court, John Marshall was the new Chief Justice, and just so happens to be the official that failed to deliver the commissions being litigated in the case. |
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http://www.metafilter.com/mefi/51296
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| | The rule of law - INQ7.net |
| | It recognizes that the true test of the rule of law is that might makes right. | | | This includes my right to dissent (with some public officials) on the application of the Penal Code's provisions on sedition (which I consider a colonial relic, enacted during the American rule-that is, prior to the Commonwealth). | | | As to the only remaining question, which is whether the State has the right to defend itself, the answer must be a clear yes. |
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http://news.inq7.net/opinion/index.php?index=2&story_id=50964&col=111
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| | Rule of Law: U.S. Institute of Peace |
| | Deputy Director of the Rule of Law program, Colette Rausch, and Vivienne O'Connor of the Irish Centre for Humana Rights presented the Model Codes Project at a side event of the United Nations Commission on Crime Prevention and Criminal Justice in Vienna, Austria, on April 26. | | | The program is based on the premise that adherence to the rule of law entails far more than the mechanical application of static legal technicalities; it requires an evolutionary search for those institutions and processes that will best bring about authentic stability through justice. | | | The Rule of Law Program, one of the Centers of Innovation and headed by Associate Vice President Neil Kritz, builds upon and refines principles on the rule of law articulated by various international bodies and provides practical guidance for their implementation. |
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http://www.usip.org/ruleoflaw
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | Great Lawyers: Find out how attorneys just like you achieved professional success and appeared in legal publication ads worth thousands of dollars at no cost to them. | | | Our free service connects you to lawyers who can help you with your case. | | | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
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http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=86/868de306486995a5126814aab28b0fab
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| | Rule of Law |
| | In this blog, I write about some of the legal topics that I deal with in my law practice, and about other legal issues that interest me. In doing so, I hope that I help others learn more about law, and that I encourage discussion about law and law reform. | | | As I have posted here, British Columbia has strict technical requirments for making a valid will. | | | The rule of law is a foundation for both our liberties and for order. |
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http://rulelaw.blogspot.com
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| | Rule of Law |
| | 'Rule of Law' is a trademark of Legal America, Inc. | | | Be sure to add appropriate postage to your stamped, self-addressed envelope. |
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http://www.lawschool.com/ruleoflaw.htm
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| | The Rule Of Law by Dr M Cooray. |
| | An explanation of the rule of law and how it is fundamental to western democratic order. | | | The Rule Of Law by Dr M Cooray. |
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http://www.ourcivilisation.com/cooray/btof/index18.htm
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| | Rule of Law - National Constitution Center |
| | The Framers considered the rule of law essential to the safekeeping of social order and civil liberties. | | | The rule of law calls for both individuals and the government to submit to the law's supremacy. | | | The rule of law holds that if our relationships with each other and with the state are governed by a set of rules, rather than by a group of individuals, we are less likely to fall victim to authoritarian rule. |
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http://www.constitutioncenter.org/explore/BasicGoverningPrinciples/RuleofLaw.shtml
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| | The Rule of Law & President Clinton |
| | The rule of law in America is under fire. | | | As President John F. Kennedy so eloquently put it: ''Americans are free to disagree with the law, but not to disobey it; for a government of laws and not of men, no man, however prominent and powerful, no mob, however unruly or boisterous, is entitled to defy a court of law.'' | | | The rule of law about which our chairman, Mr. |
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http://lilt.ilstu.edu/rrpope/rrpopepwd/articles/clinton.html
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| | MoveOn.org Political Action: Restore the Rule of Law |
| | In response to this historic abuse of power, which threatens the very core of our Constitution, we've mounted a petition to "Restore the Rule of Law." | | | The " Restore the Rule of Law " campaign is brought to you by MoveOn.org Political Action™. | | | MoveOn.org Political Action: Restore the Rule of Law |
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http://political.moveon.org/ruleoflaw
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| | Rule of Law |
| | The COURTS, BC GOVERNMENT, LAW SOCIETY MAJOR LAW FIRMS, ENTIRE MEDIA, RCMP are all joined at the hip. | | | (4) If the Law Society and a Judge secretly discuss the conduct of a lawyer appearing at that time before that Judge that is improper. | | | No INDEPENDENCE - no RULE OF LAW and NO FREEDOM OF THE PRESS. |
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http://british-columbia.ca.human-rights.org/RuleOfLaw.html
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| | 'Rule of Law'? That's So '90s |
| | A process that was about "the rule of law" when Democrats were in power is suddenly an outrage now that it's Republicans who are being held accountable. | | | No, they said over and over, the Clinton mess was not about sex but about "perjury and the obstruction of justice" and "the rule of law." | | | The man who spoke of the Clinton impeachment as "a debate about relativism versus absolute truth" now insists that the Democratic prosecutor in Texas who indicted him on charges of violating campaign finance law is engaged in a partisan war. |
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http://www.washingtonpost.com/wp-dyn/content/article/2005/10/17/AR2005101701165.html
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| | Rule of Law |
| | A major thesis of Rabbi Langer's book is that written law has taken precedence over popular custom in liturgical practices during times of mass migration or other upheavals in Jewish society. | | | The matter of observing custom is more than simply an area of scholarship for Rabbi Langer, who was raised and ordained in the Reform Judaism tradition - which does not require strict observance of traditional law - but has since moved with her husband and two children to an Orthodox congregation. | | | Rabbi Langer said Jews with Northern European roots follow a legal tradition that prohibits the Passover use of rice, corn, beans or anything that could be ground into flour, an expansion of ancient Jewish law restricting use of grains in Passover meals. |
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http://www.bc.edu/bc_org/rvp/pubaf/chronicle/v7/ap1/langer.html
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