Sentences with phrase «by a judicial authority of»

According to the principle of mutual recognition, a decision adopted by a judicial authority of a Member State (the issuing Member State), on the grounds of its internal legislation, must be recognised, accepted and executed by the executing Member States» judicial authorities, even though the same case, according to the executing Member States» law, could lead to a different outcome.

remedy for this, however, lies, not in the abuse by the judicial authority of its functions, but in the people, upon whom, after all, under our institutions, reliance must be placed for the correction of abuses committed in the exercise of a lawful power.»

The Court may order that a witness or expert be heard by the judicial authority of his place of permanent residence.

It pays for the bail if the insured is arrested or detained by the judicial authority of foreign country for breaking the law on foreign land, except in criminal cases.

Not exact matches

Under Greek law, parliament must first investigate allegations against lawmakers before they can be stripped of immunity and prosecuted by judicial authorities.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

It must recognize the Constitution as a legal text subject to legal interpretation by judges who derive their authority to render a judicial decree from the existence of the Constitution as a source of law.

A standard argument advanced by partisans of judicial supremacy is that the only alternative to tolerating the unrestrained judicial usurpation of democratic legislative authority is «legal anarchy.»

In such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judge.

They may end their relationship at any time, without the exercise at any point of control by a judicial authority.

Of course, the conventional reading of Marbury — shared by the decision's friends and foes alike — has it standing for a considerably broader scope of judicial authoritOf course, the conventional reading of Marbury — shared by the decision's friends and foes alike — has it standing for a considerably broader scope of judicial authoritof Marbury — shared by the decision's friends and foes alike — has it standing for a considerably broader scope of judicial authoritof judicial authority.

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

After Pell was order to stand trial, Vatican spokesman Greg Burke issued a statement saying: «The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell.

The Vatican in a statement Friday registered «strong shock for the manner in which some of the raids were carried out yesterday by the judicial Belgian authorities» and expressed indignation that two cardinals» tombs were violated.

With the enhancement of the dignity of the bishop and the extension of his judicial authority under the patronage of the Empire, the old cathedra upon which the ante-Nicene bishop had sat in his capacity as teacher, was gradually converted into a veritable throne, imitative of that of the emperor.25 It is quite possible that the courtly protocol and the sartorial details of the so - called Donation of Constantine are a reasonably accurate description of the dress, insignia, and prerogatives of the chief bishop of the West in the late imperial period, that even the account of the bestowal of these privileges primarily errs in fictionally ascribing to one emperor what was probably done by several in the course of the fourth and fifth centuries, and that once the fictional monopolization of these prerogatives by one bishop is removed, the Donation is recognized as supplying us with a picture of a late imperial prelate.26

«The proposition of law is one which, I think, has been accepted by the highest judicial authority, and acted upon for a great number of years.

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay before it.

Judicial review is used by individuals, businesses and organisations to test the lawfulness of government decisions and actions, from those of ministers to local authorities.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

It was an abrupt kibosh on negotiations that concluded Friday with a framework for a legislative package that was said by sources to have included public financing of judicial campaigns, new Cuomo - appointed inspectors general at public universities as well as the Port Authority of New York and New Jersey.

Since 1997, by contrast, we have seen successive governments use a simple parliamentary majority to radically overhaul the structure of the judicial system; strip the office of Lord Chancellor of most of its historic authority; introduce fixed - term parliaments and devolve substantial legislative powers to selected parts of the United Kingdom.

«Up till today, that Appeal Court judgment of October 10, 2010, that made Fayemi governor is not being cited as authority in any election matter and with Obasanjo's reference to Salamigate as terminology for judicial manipulation, it should be clear to Fayemi himself that he became governor by judicial fraud.

Presenting essays written by authorities in the fields of education, political science, and law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened judicial involvement for schools...

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.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

Section 617.1403 (1)(a) sets forth the grounds for judicial dissolution of a corporation by an action brought by the Department of Legal Affairs, which covers instances where a corporation has obtained its articles of incorporation through fraud, or has continued to exceed or abuse the authority conferred upon it by law.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

However, that does not mean that «acts» can be limited to measures of individual scope, as there will be measures of a general scope that are not taken by a public authority in a judicial or legislative capacity.

The work done by the Judges Technology Advisory Committee of the Canadian Judicial Council, after having been used for ten years, has now been examined by a specialized authority and seems to constitute the balanced solution sought after in 2005.

Word of Stone's aggressive noise cancellation tactics eventually reached Maryland's Commission on Judicial Disabilities, however, and last week the judge agreed to a five - day unpaid suspension after acknowledging that he had exceeded his authority by sentencing people for contempt without allowing them to defend themselves in court.

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

Admittedly, the approach taken by the Court can be challenging for judicial authorities throughout the EU: the burden of proof that the person has had the full period to launch an objection would rest on the competent authorities and that burden may be a heavy one.

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

And although the Diocesan Bishop controls respondent Monastery of St. Sava and is the principal officer of respondent property - holding corporations, the civil courts must accept that consequence as the incidental effect of an ecclesiastical determination that is not subject to judicial abrogation, having been reached by the final church judicatory in which authority to make the decision resides.

While the goals of LA&W are similar to those of legal writing classes taught at many schools — to teach students to understand, analyze, and apply legal authority and to communicate the results of that analysis in writing — the course also contains some components that are influenced by its Legal Methods roots, as well as some that may or may not be taught in a first - semester civil procedure class: a focus on judicial methods, an introduction to legal institutions and processes, and instruction on the anatomy of a civil law suit, the timeline of a civil case, and the link between procedural and substantive law.30 The full set of course goals was outlined in the 2000 Report and has remained unchanged:

In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50).

The reasonable expectation of privacy in internet subscriber data created the need for specific judicial authorization, Spencer argued, and a mere request by a police officer does not establish «lawful authority» to obtain subscriber data.

On the bright side, the Court safeguards the right to effective remedies of irregular migrants against procedural abuses by the administrative and judicial authorities in three respects.

How the implied term would apply on the facts is another matter, but rationale behind the ban on using the implied term in the course of judicial review proceedings to determine the fairness of the decision to dismiss is not obvious or supported by any authority.

For this purpose, the judicial authority must be in the position to take into consideration three sets of material: the facts and the evidence adduced by the administrative authority, the observations on behalf of the third - country national and any other element that is relevant.

Unfortunately, regardless of the fugitive position, the delay itself has often been caused not by fleeting or hiding by the RP but by a simple inactivity of the Polish Judicial Authorities for many years.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

102] Bot goes even further to state that the Spanish interpretation would «paralyse the execution by the Spanish judicial authorities of European arrest warrants issued for the purpose of executing judgments rendered in absentia, unless the issuing Member States could guarantee the persons concerned a retrial.»

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.

Our lawyers have acted for architects, engineers, lawyers, dentists, and accountants in professional errors and omissions claims, advised clients before professional regulatory bodies, acted for professional administrative bodies, provided advice regarding investigations conducted by administrative authorities, and have acted in judicial reviews of decisions made by professional regulatory bodies.

The Court of Appeal held — on a more or less technical judicial review basis — that the decision not to call J was within the local authority's discretion and could not be set aside by judicial review.