Despite the courts having played an integral role in serving as a check against states not acting in the interests of all students for nearly four decades, Sessions» campaign
against judicial oversight of legislative actions prevented the judiciary from resolving inequities in the Alabama education system.54
Not exact matches
... (Morsi) formally gave himself open - ended powers to make decrees that are immune from
judicial oversight (therefore barring any legal recourse
against them), giving himself license to do pretty much anything else he pleases in the name of national security.
Judge Alan Simon, who presided over the Spring Valley Village Court and the Ramapo Town Court in Rockland County, was found by a
judicial oversight commission to have a history of bullying and verbally abusing court staffers, and has been suspended with pay pending a review of the allegations
against him.
A lone dissenting judge in Goodwin warned for the need of greater
judicial oversight in order to protect the public's right
against unreasonable seizure, and Mackey says that too is a welcome compromise when it comes to curtailing impaired driving.
Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or
judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge
against the risks of limited external
oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.
Arguably, if the power given to police to obtain personal information without a warrant or
judicial oversight is contrary to section 8 of the Canadian Charter of Rights and Freedoms, which guarantees that everyone has the right to be secure
against unreasonable search or seizure.