Sentences with phrase «whether judicial economy»

Whether judicial economy would be advanced, in some way, by hearing a case notwithstanding that the concrete dispute has been resolved; and

Not exact matches

This because it considered that the Implementing Regulation was a regulatory act (within the meaning of Inuit I), and that it did not entail implementing measures (the Commission holds that this condition is a test as to whether «the lowest act in the hierarchy of norms is challenged» — a question of judicial economy and the organisation of judicial remedies).

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

Three factors are relevant in determining whether a court should entertain a moot appeal: (i) the presence of an adversarial context that will ensure that the issues are well and fully argued; (ii) concern for judicial economy; and (iii) awareness of the court's proper law - making function: Borowski, pp. 358 - 363.