Sentences with phrase «arbitrary exercise of»

What is surprising us that so few people realize that setting up a single national authority to impose on the whole nation a single decision on every one of the thousands of separate judgment calls involved here is an arbitrary exercise of brute power that will generate all kinds of bad results, and no good ones.

The state teachers» union, meanwhile, blamed King for the stalemate, slamming the the Dec. 31st deadline as «an arbitrary exercise of brinksmanship» that would disrupt services to the neediest schools.

«It is trite law that when the word «shall» is employed in a statute, the primary meaning that the court will assign to it is that such provision is mandatory and leaves no room for discretionary or arbitrary exercise of power except a congruence reading if the statute intends otherwise.

«The granting of pardon also amounts to an arbitrary exercise of powers, which can only continue to weaken the rule of law, deny justice to the victims of corruption, and entrench a culture of impunity of the country's leaders,» the organization said.

Personal domination: linked to the placing of production into a hierarchy and the consequent subordination of workers to entrepreneurs, leaders, teachers, etc.; in short, work as subjection to the arbitrary exercise of power by other individuals.

But this generated a substantial change; a precedent for the victory of the law of the community over the arbitrary exercise of power.

Ambivalence is a process of deconstruction of reality and truth which leads to the arbitrary exercise of power, domination and intolerance.

But here it is necessary to point out that when we speak of the reigning Christ we do not mean the monarchical concept of an arbitrary exercise of power.

In one sense, the Court's autonomy concern is based on a juristic fiction of a perfect legal system that contains no gaps or lacunae in the protective safety - net it offers to its subjects, and the glorified references to the principle of mutual trust and the EU's foundational values sound somewhat empty in light of arbitral practice and in light of the fact that arbitrary exercises of public power continue to take place within the internal market, with EU law having little to offer to the affected investors.

Not exact matches

Referring to C. S. Lewis's much - cited claim in The Abolition of Man, Kass writes that if «man's so - called power over nature is, in truth, always a power exercised by some over others with knowledge of nature as their instrument, can it really be liberating to exchange the rule of nature for the role of arbitrary human will?»

In my case the disease was distinctly what would be classed as nervous, not organic; but from such opportunities as I have had of observing, I have come to the conclusion that the dividing line that has been drawn is an arbitrary one, the nerves controlling the internal activities and the nutrition of the body throughout; and I believe that the central nervous system, by starting and inhibiting local centres, can exercise a vast influence upon disease of any kind, if it can be brought to bear.

This latter norm prohibits the exercise of arbitrary power by state legislatures, and means that not every law that they enact is by that fact alone constitutional.

The dominated live in a state of constant fear that the master may, at any point, exercise their arbitrary power.

Thus while both anarchism and republicanism share a principled commitment to opposing arbitrary power, for the republican there are forms of states that will not exercise arbitrary power, while for anarchists state power is inherently arbitrary.

The republican commitment to the view that people can be at liberty only when they are secure — and equally secure — from the exercise of arbitrary power, has significant implications for the «domestic» political economy of states.

b) the exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law»

Nike created a new measurement called «Nike Fuel» (measures exercise based on a sort of algorithm for oxygen kinetics), which can seem fairly arbitrary or at least less useful than working with calories.

I'm generally disinterested in fixating arbitrary «percentages of importance» on the particular components of one's fitness regimen — such as, «Your results are determined 90 % by diet and 10 % by exercise.»

These sequences smack of improv theater exercises, as if actors and director have built out the scenes from a single gesture or some arbitrary linguistic rule.

The joy of reading was too often reduced to extracting content without context, the joy of mathematics to arbitrary exercises, without the love of pattern - making that generates conjecture in the first place.

Picking out 10 of the best 2 door sports cars can sometimes feel like an arbitrary exercise, simply because there are so many good, and fun, high performance automobiles on the market.

In this iteration, the household products are paired household objects of the same formal qualities — an arbitrary exercise, though with a certain degree of self - awareness that, instead of becoming predictable, remains poignant and humorous throughout the exhibition.

The arbitrary gestures of paint seem to be produced by a set of exercises that tells the idea of «context» as much as shows it, through a set of processes that are simple and schematic.

Politics will always corrupt science because politics is always about the exercise of arbitrary power, power backed by cops and soldiers with guns.

However, the entire exercise is arbitrary, of questionable merit and validity, illegal, and even fraudulent.

As explained by the ECJ in its previous case - law (Case C ‑ 419 / 14, WebMindLicenses), the requirement that any limitation on the exercise of that right must be provided for by law implies that the legal basis which permits any interference with personal rights and liberties must be sufficiently clear and precise, affording legal protection against any arbitrary interferences by public authorities.

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.

... we may not consider the correctness of the court's ruling de novo or second guess its exercise of discretion... Rather, we are limited to a determination of whether the court's decision was «manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision.»

In R. v. Mernagh, 2013 ONCA 67, a challenge was made to this scheme on the basis that an insufficient number of doctors were participating and that some of those participating exercised their functions in an arbitrary manner.

In addressing this interest, both courts acknowledged that a state has an interest in: (i) preserving life in general; (ii) preventing deaths that occur as a result of errors in medical or legal judgment; (iii) preventing exercise of undue, arbitrary, and / or unfair influences over an individual's decision to end his / her life; (iv) safeguarding interests of innocent third parties such as minor children and other family members; (v) assuring the integrity of the medical profession; and (vi) avoiding the adverse consequences that might ensue if physician - assisted suicide were declared a fundamental right.

The exercise of arbitrary government police power to permanently shut down a successful closely - held business on a holiday weekend.

These rights protect us from arbitrary and unreasonable exercises of police power, such as illegal searches or unlawful intrusions into our privacy.

Without the answer to the question, the verification of identity becomes a sadly familiar exercise in blind compliance with arbitrary rules.

A clause that requires a minimum «rationality» in government actions has no application to» «an arbitrary and capricious right,»» Swain, supra, at 219 (quoting Lewis v. United States, supra, at 378); a constitutional principle that may invalidate state action on the basis of «stereotypic notions,» Mississippi University for Women v. Hogan, 458 U.S. 718, 725 (1982), does not explain the breadth of a procedure exercised on the» «sudden impressions and unaccountable prejudices we are apt to conceive upon the bare looks and gestures of another.»»