Just as the government and legislature must respect the courts» expertise
as judicial bodies, so too must courts appreciate that they are not best placed to make determinations as to which specific social or economic policy choice is most appropriate.
On this hill met the chief council of Athens, which served as a forum to appraise various opinions being given the people and also
as a judicial body.
In the following post, I briefly develop both aspects of this equation — pragmatism with regard to the scope of the CFSP versus principle with regard to the reach of EU constitutional principles into the CFSP — and I conclude with a brief reflection on the normative issue of whether the Court stays within its role
as a judicial body, where I suggest the CJEU's approach fits squarely within its duty to say what the law is.
«The hearing fees,» he concludes, «are a financing mechanism and do not go to the very existence of the court
as a judicial body or limit the types of powers it may exercise» (par.
Not exact matches
None of the Reporting Persons nor any manager or executive officer of the Reporting Persons, has, during the past five years, (a) been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), or (b) been a party to a civil proceeding of a
judicial or administrative
body of competent jurisdiction and
as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting, or mandating activities subject to, Federal or State securities laws or a finding of any violation with respect to such laws.
The Anglo - American idea... means that the party who does not abide by certain specific decrees emanating from a
judicial body is a contumacious person and may,
as a rule, be held in contempt of court, fined and jailed... Now, this very concept of contempt simply does not belong to the world of ideas of a Latin lawyer.
The National
Judicial Council, NJC, made the appointment public yesterday in Abuja based on its recommendation as the body to nominate qualified persons for appointment as judicial o
Judicial Council, NJC, made the appointment public yesterday in Abuja based on its recommendation
as the
body to nominate qualified persons for appointment
as judicial o
judicial officers.
The report shall be delivered at least ten days prior to the following times: (A) the first day for circulating designating petitions in the case of an elective position; (B) the meeting date of the
Judicial Nominating Convention or other body nominating a candidate for elective judicial positions; or (C) the date any candidate is to be proposed for appointment for any such judicial position;, or (D) if the vacancy in such position occurs at such a time as to make it impossible to comply with the aforesaid timetable, the panel shall deliver its report as expeditiously as p
Judicial Nominating Convention or other
body nominating a candidate for elective
judicial positions; or (C) the date any candidate is to be proposed for appointment for any such judicial position;, or (D) if the vacancy in such position occurs at such a time as to make it impossible to comply with the aforesaid timetable, the panel shall deliver its report as expeditiously as p
judicial positions; or (C) the date any candidate is to be proposed for appointment for any such
judicial position;, or (D) if the vacancy in such position occurs at such a time as to make it impossible to comply with the aforesaid timetable, the panel shall deliver its report as expeditiously as p
judicial position;, or (D) if the vacancy in such position occurs at such a time
as to make it impossible to comply with the aforesaid timetable, the panel shall deliver its report
as expeditiously
as possible.
Judicial review does not,
as Mr Grayling complained, involve public
bodies being «blackmailed».
On the one hand it is eager to protect its privileges
as a self - governing
body, free from the claws of the judiciary, court restraint or
judicial review.
The decisions of public
bodies, such
as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of
judicial review and other appropriate proceedings in the High Court.
Further, it is impractical, burdensome, and unnecessary to require an administrative or
judicial body to determine that a debt is 90 days delinquent before it is appropriate to consider the delinquency
as demonstrating an adverse credit history.
[1] The painting was subsequently placed near Rehnquist's coffin when his
body lay in state after his death in 2005; the New York Times described the painting
as showing «the four gold stripes with which the chief justice decorated each sleeve of his
judicial robe and depicts him with a slightly bemused expression».
In this context, departments
as well
as administrative and
judicial bodies are actively examining their options and looking for solutions.
However it is slightly different in
judicial review cases because the defendant,
as a public
body, may well suffer no financial loss if the decision is reversed.
The
body of law based on the English legal system,
as distinct from a civil - law (such
as French) system, often derived from
judicial decisions, rather than from statutes or constitutions.
Meanwhile, it is centralized in another aspect —
as the courts have no cohesion
as an independent
body of government, they are subject to executive control, and judges may seek the advice of an executive
judicial committee and be subject to removal for making independent determinations.
Members have acted for claimants and defendants in
judicial review challenges to the exercise of powers both within the NHS, and
as between the NHS and other
bodies such
as social services.
Media reports indicate much of the testimony heard before a Tennessee committee regarding that state's
judicial disciplinary
body focused on disagreements with the decisions rendered by judges
as well.
They have sat on
bodies such
as the Council of the Inns of Court, and have acted in the high - profile recent
judicial review challenges relating to the Bar Standards Board, QASA, and the Legal Ombudsman (Office for Legal Complaints).
Exercising the profession
as a Supreme Court lawyer gives me the opportunity to confront with the highest
judicial body, entrusted with the role of guaranteeing uniformity at national level in the interpretation and application of the rules that form the Italian legal system.
However, David Thomas, doyen of sentencing experts, having expressed his opposition to the whole idea of a Sentencing Commission, said that if one was established, he had «grave doubts about the wisdom of involving serving senior judges in the activities of such a
body...
as there is a tendency to confuse the roles of the judges in their different capacities and a consequent tendency to compromise
judicial independence.»
«I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary
body of legal work —
as a longtime judge on both the Federal Court and the Federal Court of Appeal;
judicial member of the Competition Tribunal; expert in maritime and transportation law with almost 20 years
as a practicing member of the Barreau du Québec; arbitrator; teacher; and author — makes him an ideal candidate for the Supreme Court of Canada.»
Associação Sindical dos Juízes Portugueses thus advances the proposition that Member States are to set up all
bodies that may potentially rule on a matter «covered by EU law» (whatever else they do, or however rare the occasion may be that they actually have to have anything to do with EU law)
as bona fide «courts and tribunals» safely tucked into the EU
judicial hierarchy.
Rather than equating the FSA's reliance on the privileged material with the public law concept of taking into account an irrelevant matter, the judge held that it was more accurate to consider the error
as equivalent to a
judicial or administrative
body acting, in part, on inadmissible evidence.
By law that
body, the
Judicial Nominating Board, can submit
as few or
as many names
as it likes to the governor.
Hence in public law, this has resulted in is a growing
body of innovative, creative judgements in constitutional law and
judicial review
as the courts juggle this balance.
In Trinidad and Tobago,
as a small developing country but one of the State leaders in the Caribbean, a major
judicial challenge of the society is to escape the colonial shackles of its legal heritage and to create a
body of laws, conventions and legal practices that are consistent with its indigenous culture and norms.
In international law, where there is no integrated
judicial system and where every
judicial or arbitral organ needs a specific constitutive instrument defining its jurisdiction, «the first obligation of the Court -
as of any other
judicial body - is to ascertain its own competence.»
Furthermore, one can not but rejoice at the thought that, universal jurisdiction being nowadays acknowledged in the case of international crimes, a person suspected of such offences may finally be brought before an international
judicial body for a dispassionate consideration of his indictment by impartial, independent and disinterested judges coming,
as it happens here, from all continents of the world.
acting
as judicial officers of, and legal advisers to, national and international governing
bodies.
Only a
judicial authority can suspend Internet access, not an administrative
body as freedom of speech implies access to online communication services Need to distinguish the warning phase (HADOPI) and the sanctions (Criminal Courts)
To illustrate why this has been a concern, while the Fourth Amendment will require border officials to have reasonable suspicion to engage in invasive search techniques such
as strip searches, but do not need any cause or
judicial authorization to search the
body or personal effects of a person at the border.
Whatever else may be included in the expression «non-legal»» or «non-
judicial» documents and papers» pertaining» or «relating» to commercial cases, and whatever notional or practical difficulties might arise in relation to the need for service or delivery of all such documents relating to the proceedings on the KRG (correspondence etc), the Order and the inter partes application,
as a matter of DIFC procedural law, had to be served on it and the Article provided that they «shall be sent / dispatched» by the «authority or the competent legal officer /
judicial body or officer concerned» to the court of the district where the defendant resided.
Decisions of
judicial bodies may be regarded
as carrying greater (political rather than legal) authority than that of arbitral tribunals.
Judicial reviews can involve a wide range of complex issues,
as well
as different types of public
bodies (e.g. governmental, non-governmental, and regulatory).
As the Court emphasised what was problematic in Achmea was «the possibility of submitting those disputes to a
body which is not part of the
judicial system of the EU is provided for by an agreement which was concluded not by the EU but by Member States [emphasis added]» (para. 58).
Such application are not yet legal in the sense that no court of law or
judicial or legal
body has vetted or approved such use
as legally relevant, let alone legally binding upon any third party or government agency.
As a result, a large and ever - increasing
body of literature has developed on matters relating to
judicial appointments,
judicial independence,
judicial policymaking and the like.
As to whether a
judicial power is «limited» (and can thus safely be vested in a non-
judicial body), the main source of litigation has been professional disciplinary functions.
The existing
judicial nominating commission would remain, but
as an advisory
body to review the appointee prior to Senate confirmation
as either «qualified» or «not qualified».
(A) except while serving
as a judge, with Rules 1.2 (Promoting Confidence in the Judiciary), 2.4 (External Influences on
Judicial Conduct), 2.10 (
Judicial Statements on Pending and Impending Cases), or 3.2 (Appearances before Governmental
Bodies and Consultation with Government Officials); or
The
judicial tribunals on which this book focuses are the same executive branch organizations that,
as noted above, were called «
judicial tribunals» in the McRuer Report; the same organizations that, in 1990, Ed Ratushny's Report on the Independence of Federal Administrative Tribunals and Agencies described
as «tribunals which are adjudicative» and for which it recommended the label «tribunal» be exclusively reserved; and the same organizations that in 1991 the late Chief Justice of Canada Antonio Lamer, in a keynote speech to the conference of the Council of Canadian Administrative Tribunals, referred to
as bodies that are «created to operate essentially
as adjudicators... in a manner that is similar to the function of the judiciary... [and] expected to dispense justice in the same sense
as the courts of law.»
Judge Reeves» interpretation does not limit prohibited statements to a pending trial or hearing, and includes letters or statements made by lawyers concerning legislative or executive branch
bodies as well
as judicial officers or public legal officers, which were made after the final ruling.
Charles acts in
judicial review claims and advisory work both for and against public
bodies in areas such
as immigration, prisons, hospitals, mental health and community care, and was on the Attorney General's A Panel for 5 years before taking silk.
Alternative account: The Supreme Court affirmed that the Scottish Parliament is subject to
judicial review, subject to such considerations, including considerations of deference on institutional and democratic grounds,
as are fitting in respect of an elected legislative
body.
«I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary
body of legal work —
as a longtime judge on both the Federal Court and the Federal Court of Appeal;
judicial member of the Competition Tribunal; expert in maritime and transportation law with almost 20 years
as a practicing member of the Barreau du Québec; arbitrator; teacher; and author — makes him an ideal candidate for the Supreme Court of Canada,» said Prime Minister Harper.
Lord Rodger agrees with Bingham that «it is not open to this House in its
judicial capacity to make such a far - reaching inroad into the common law rights of a defendant
as would be involved in endorsing the procedure adopted in the present case» and that rather this task is for Parliament to address,
as, «the proper
body both to decide whether such a change is now required, and, if so, to devise an appropriate system which still ensures a fair trial».
But it is sheer romanticism —
as Conor Gearty has pointed out with characteristic vigour — to suggest that the common law has ever contained a fully formed catalogue of rights that attract across - the - board
judicial protection comparable to the
body of rights enumerated in the European Convention.
Thereafter, in either of the above cases, whenever the governor transmits to the president of the senate and the speaker of the house his written declaration that no inability exists such vacancy shall be deemed to have terminated four days thereafter and the governor shall resume the powers and duties of his office unless the chief justice and a majority of the associate justices of the supreme
judicial court, or such other
body as the general court may by law provide, transmit within said four days to the president of the senate and the speaker of the house their written declaration that the governor is unable to discharge the powers and duties of his office.