Sentences with phrase «as judicial precedent»

Not exact matches

Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.

The judicial precedent for equal protection for federal laws is somewhat fuzzy as there is not equal protection clause specifically written as part of the fifth amendment, and the specific clause is only in reference to states in the fourteenth amendment.

But judicial precedent from Carl McCall's 1993 selection as comptroller suggests that attempt would be unlikely to succeed.

Public participation (described as access to information and judicial remedy, as well as participation in decision making) in development projects not only has legal precedent in international accords but also has been incorporated into the procedures of international lending organizations.

It taught how to develop case analysis skills through practical exercises, demonstrating an understanding of the techniques of precedent, as well as how to read statutes and understand judicial approaches to statutory interpretation.

Actually, if we're going to be technical: it's entirely worthless as precedent since there's no person lower on the Ontario judicial pecking order (unless things have changed in Ontario since the end of 2012) than a deputy judge of the small claims court.

Many times, courts will lift string - cites and parentheticals from other judicial opinions, with a notation such as «cited in...» Is that plagiarism — or precedent?

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

The laws governing taxation, trade and commerce, labor relations, and governmental operations, as well as the principle of judicial precedent, are all derived from American laws and traditions.

Mr. Sirota offers quite a bit to chew on in just over 1000 words, but his argument, as I understand it, boils down to the following propositions: 1) Judges must generally apply the law as written and should work to foster stable legal doctrine, 2) In applying the law, judges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule precedents.

As with judicial precedents developed under the former rules, I expect there will be some seemingly inconsistent judgements dealing with the issue of independent medical exams under the current rules and eventually the BC Court of Appeal will likely weigh in on the issue to bring some clarity to the law.

As it is so drastic, and in the absence of a direct benefit to the child, judicial approval is unlikely, not least because it could set a precedent for every family with a severely disabled child.

It is, arguably, a specific instance of the broader question of how the law ought to deal with unusual situations on which precedent is lacking; as I observed here, in a post prompted, in part, by prof. Magliocca's musings on the subject of judicial review of unusual statutes, that broader question is not an easy one.

The outcome of the proceedings, however, would have a special significance in the entire judicial system, as it would be a primary precedent guiding the superior Courts dealing with electoral disputes at all levels58.

The bank asked that their appeal be heard because the issue of whether lenders who become owners of residential premises through a judicial process such as foreclosure are responsible for tenants» security deposits arises quite often and the RTDRS therefore had need of a precedent when faced with similar situations in the future.