Sentences with phrase «under common law powers»

Under common law powers, and also pursuant to various statutes, any person who is before «a court of record having a criminal jurisdiction» (see, for example, Justices of the Peace Act 1968, s 1) may be bound - over to be of good behaviour, for any period, for any sum.

' (1) the decision to use «containment» to impose a «kettle» around the Climate Camp between 7.00 p.m. and around 11.30 p.m. on 1 April 2009, purportedly under common law powers to prevent a breach of the peace;

Not exact matches

There are three main prerogative powers recognised under the common law which still reside in the jurisdiction of the Crown.

All three cases involved a common issue — a new definition by the Supreme Court requiring a formal exercise of government power rather than just a meeting or phone call to prove a quid pro quo bribery scheme under the federal law prohibiting «honest services fraud.»

Pill LJ drew attention to the fact that other powers of entry and search are available to the police, eg under s 32 of PACE or at common law.

Even if his exercise of his common law power could be regarded as random and arbitrary, in these circumstances it would be justified under section 1.

Two further decisions impacted on the right to education: in Re JR 17 [2010] UKHL 27 (the appeal from Northern Ireland) the Supreme Court confirmed that a school principal has no common law power to suspend a pupil from school for an alleged breach of discipline, and in A v Essex County Council [2010] UKHL 33 the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the ECHR.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

Whether the court possessed any common law power to protect the anonymity of a party where rights under the ECHR (given effect by the Human Rights Act 1998 (HRA)-RRB- are engaged;

The 2007 green paper reiterated that «the role, governance and values of the Civil Service» had not yet been set out in statutory form and that the minister for the Civil Service (the prime minister) exercises powers concerning civil servants under the aegis of the common law royal prerogative.

Along with the explicit powers under the Criminal Code, police had sweeping powers under Common Law to deal with people at the G20.

UNISON applied for a judicial review of the Fees Order and argued that it was not a lawful exercise of the Lord Chancellor's statutory powers because the fees interfered unjustifiably with the right of access to justice under the common law and EU law, frustrated the operation of legislation granting employment rights, and discriminated unlawfully against women and other protected groups.

Common law lawyers in Canada are formally and properly called «barristers and solicitors», but should not be referred to as «attorneys», since that term has a different meaning in Canadian usage, being a person appointed under a power of attorney.

However, the Committee observes that retained direct EU law with the status of primary legislation would remain subject to judicial interpretative and declaratory powers under the HRA, and to the courts» inherent powers of construction whereby legislation is, wherever possible, read in line with common law constitutional norms.

A pupil's possessions may not be searched under EA 1996, s 550AA — which implies that possessions may be searched under common law or other powers — without the presence of a second member of staff.

As defined by the High Court in the Mabo decision, under common law, native title is a vulnerable property right, it is inferior to sovereign title which has the power to extinguish native title without notice, consent or compensation.

TREB does not even have any power over it's members, as many many registrants have already proved by TREB rules that were proved to be unenforceable under Ontario common law.