From federal laws all the way down to municipal codes, nearly every aspect of our lives is defined and
bound by legislation.
It is therefore not difficult to see why the suggestion that you are not
bound by legislation or commercial law may be attractive to someone who has mounting debt problems or is facing eviction from their home.
Because the FXX K will never compete in any FIA - sanctioned racing, it isn't
bound by any legislation, so Ferrari had free - reign to build its most extreme closed - canopy track car to date.
Not exact matches
Although reconciliations bills are granted many privileges that are not available to most other
legislation, they remain
bound by several conditions.
As Mr Justice Singh pointed out, if the Crown is not
bound by the Act, then this could mean that «a large number and type of public buildings and spaces would fall outside the scope of the Act» - in effect depriving government employees of the legal protections contained in the
legislation.
«We will respond aggressively to those who overstep those
bounds and seek to influence the making of Federal policies and
legislation by making threats to the lives of those entrusted with such tasks and their families.»
U.S. Senate Minority Leader Chuck Schumer said Republicans are
bound to run into political trouble
by trying to sell their tax
legislation as a boon to the middle class when most of its direct benefits will in fact flow to corporations and wealthy individuals.
While Democratic organizations are not
bound by these regulations, they can take a cue from these guidelines and strides made
by city governments to become more user friendly, according to David Moore, a civic technologist who launched New York City's Councilmatic, an interactive online tool for understanding the activity and
legislation that moves through the City Council.
Meanwhile, the amended
legislation required proposals
by May 8 to be followed
by binding arbitration that would hammer out an evaluation system
by June as a fail - safe measure.
He said Trump's judicial appointments will bring the federal government back inside the
bounds of
legislation passed
by Congress.
George Kidd argues that «the industry is
bound by consumer law, privacy law, commercial practices and advertising
legislation, and e-commerce regulations.»
The first is that deletion of emails
by Wahl is of absolutely no consequence since he was not
bound by FOI
legislation and the substance of the deleted material was minor.
I insiste on the European Commission introducing
binding legislation on car manufacturers to reduce CO2 emissions on new cars to 140 g / km
by 2008 and 120 g / km
by 2012.»
The fact that Canada and the United States ostensibly are constitutional democracies signifies that «the rule of law» means indigenous territorial sovereignty continues to
bind all courts of those countries unless and until the constitutions have been amended
by the people,
by constitutional
legislation, pursuant to the amendment formulas made express and explicit in each constitution.
How far can the UK government go on it's own now, considering the fact that the UK is still
bound by a whole string of primary and secondary EU
legislation, which supposedly takes precedence over UK law?
This was suggested, for instance,
by Judge Malinverni of the European Court of Human Rights in the Nada judgment of September 2012, in which he proposed «a distinction between the Charter itself, as the primary
legislation of the United Nations, and the Security Council resolutions, which, although
binding (Article 25), may be regarded more as secondary or subordinate UN
legislation».
My comments start from three propositions which are rooted in constitutional theory: (1) absent constitutional objection,
legislation binds; (2) administrative decision - makers enabled
by statute can only go so far as their home statute allows (3) it is a court's job, on any standard of review, to enforce those boundaries; in American terminology, to «say what the law is» (Marbury v Madison; Edmonton East, at para 21).
The procedural provisions of the Freedom of Information and Protection of Privacy Act apply to the Commissioner, not the courts which are
bound rather
by the
legislation governing their procedures on judicial review.
Put simply, I can not
bind someone simply
by sending them a Notice unless it is a right conferred on me
by some earlier statute or
legislation, or legally
binding agreement.
Since governments both influence laws through
legislation and are
bound to obey the law, just like citizens and companies, you'll gain an understanding of how
legislation is applied
by governments in real - world scenarios.
So even Member States which did not vote in favour of the adopted
legislation will be
bound by the EU fundamental rights» standard in that area.
Given that the Commission's implementing powers have always been interpreted extensively, not least to ensure the effectiveness of the primary measures decreed
by the Council (and the European Parliament), 130 it is normal to understand regulatory power in Community law as the ability to adopt general and abstract
binding rules within the framework of more general
legislation adopted
by the competent authority.
Unfortunately, in those cases, we have a number of explanations, none of which are palatable, assuming of course the problem isn't an — I'll be polite — overly technical, not demanded
by legislation or any other
binding on the court principle — decision from higher up the pecking order court:
Therefore, we must not only respect the law - making role of administrative decision makers, but also the co-ordinate law making role of the courts — to ensure that administrative decisions are consistent with the objectives and purposes of the
legislation, the
bounds set
by the
legislation, and other fundamental legal principles.
At first glance, this seems very wide indeed for virtually all undertakings are
bound by some federal
legislation, such as the Competition Act, the Copyright Act, the Criminal Code, the Food and Drugs Act, the Trademarks Act and many more; however, they are not
by reason of such
legislation outside the exclusive authority of the legislatures of the provinces.
These regimes are either incorporated into the national legal framework through the supra - national legislative authority of the EU (in the form of
binding regulations enacted
by the European Parliament or treaties to which the UK is a party), or are given effect through the enactment of national
legislation.
Administrative Law / Public Utilities: «Prudent Investment Test» ATCO Gas and Pipelines Ltd. v. Alberta (Utilities Commission), 2015 SCC 45 (35624) The Commission here was not statutorily
bound to apply a particular methodology, and use of the word «prudent» in the
legislation can not
by itself be read to impose on the Commission any specific no - hindsight methodology.
On August 12th the Court of Appeal for British Columbia held that British Columbia labour arbitrators are
bound by British Columbia's provincial private sector privacy
legislation but do not need consent to collect, use or disclose grievor and witness personal information.
(Question the extent to which it will be
bound by the Court's decision, particularly in light of the comment, at para. 61, that the alternative interpretation would frustrate the purpose of the
legislation).
However, HMRC denied tax relief on the contribution, arguing that where the
legislation provided for tax relief in respect of «contributions paid», it referred to a money payment, and that the documentation executed
by the member and the provider prior to the share transfer had not created a legally
binding obligation on the member to pay a sum of money to the scheme.
Employment
legislation — The UK is currently
bound by EU regulations on working hours and other employment issues.
According to the Court of Appeal's decision in Kasap v. MacCallum, 2001 CanLII 7964 (ONCA), «The
legislation is clear: the judge must decide the threshold motion, and in doing so, the judge is not
bound by the verdict of the jury.»
In addition, courts are
bound by s. 3 of the Act to construe primary and subordinate
legislation in a way which is compatible with Convention rights.
What makes this project interesting is that Bahrain has passed
legislation ensuring that when parties agree to arbitration
by the BCDR the result will be
binding and beyond challenge in the Bahrain courts.
Many of those European obligations have been implemented
by way of national
legislation or regulations which remain
binding unless and until parliament revoke them.
Evidence Code technology wasted and still needed: in 1976 - 77, I conducted an extensive national consultation process with judges and lawyers for the federal Department of Justice as to replacing
legislation such as the Canada Evidence Act, and the
binding requirement of existing case law, with the Evidence Code that was proposed
by the (LRCC's) Law Reform Commission of Canada's Report on Evidence (December 1975).
It was a slow and steady process
by which Magna Carta transitioned from legally
binding document, to a symbolic one: «The first Statute Laws Revision Act of 1856 began the process of removing «obsolete»
legislation from the British statute books.
It not only ignores the primary role that the High Court has bestowed on the
legislation for the recognition and extinguishment of native title, it also misunderstands the ethical obligations of a Government
bound by international obligations of equality and non-discrimination.