Phrases with «judicial fiat»

"Judicial fiat" refers to when a judge or court makes a decision without a legal basis or without proper laws being passed. It means that the judge is making a judgment based on their own opinions or personal beliefs, rather than following established laws or precedent. Full definition

Sentences with «judicial fiat»

  • Although only a few decades old, listening to today's Conservatives one might think the Charter was crafted in some law school ivory tower and imposed by judicial fiat onto an unsuspecting Parliament. (slaw.ca)
  • The reasons: (1) implied contractual indemnity — individual brokers were not parties to the listing agreement with sellers (only the bankrupt brokerage business was a party); and (2) equitable indemnity — although brokers were jointly and severally liable with sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis under the American Rule, or else the appellate court would be creating a new exception through judicial fiat. (calattorneysfees.com)
  • Because it was legislated rather than ordered by supreme judicial fiat, the German approach is less extreme and better attuned to social realities. (firstthings.com)
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