Sentences with phrase «by judicial control»

Moreover, in the rather recent ESMA case, the Court «mellowed» the Meroni doctrine and allowed the delegation of discretionary powers as long as this was followed by judicial control.

Not exact matches

Republicans need just a simple 51 - vote total to confirm a judicial nominee after the filibuster on lower - level court judicial nominees was killed by Democrats when they last controlled the Senate in an effort to help move along some of Obama's nominees more quickly.

However unintentionally, this weakens the constitutional allegiance of Catholic and other citizens outraged at judicial insolence and abandons our great «founding documents» to unchallenged control by the liberal elites.

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

The Polish parliament has approved government proposals to hand the ruling Law and Justice party (PiS) effective control of judicial appointments and the supreme court, in a move seen by critics as an erosion of judicial independence.

It helped in the process of demystifying judicial proceedings and helped send the clear message from the majority on the court that the controlling principle of judicial intervention in elections was the result delivered at the polling station, which would not be easily reversed by a court.

The three judicial laws recently passed by the National Assembly, after seven minutes of debate, will compromise the independence of the judiciary by providing the executive branch of government, via the Ministry of Justice, with control over the courts» finances, personnel and general administration.

A former Leesburg animal control officer who shot and killed a poodle owned by an 11 - year - old disabled boy was charged Thursday with animal cruelty.Doug Berwick, 33, shot the 8 - year - old poodle June 19 with a.22 - caliber rifle after he was unable to catch it.Police Chief Jim Brown suspended Berwick for five days without pay and recommended he be transferred to another department, but Berwick resigned as public protest grew.Bruce Haldeman, investigator supervisor for the 5th Judicial Circuit state attorney's office, said Thursday that Berwick, if convicted, would face a maximum penalty of up to one year in the county jail, a $ 5,000 fine or both.

In 2010 in an appeal from a hearing officer's decision, the Circuit Court for the 11th Judicial Circuit, Miami - Dade County, ruled that the subjective identification of a dog as a «pit bull» by an animal control officer violated the dog's owner's right to due process.

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.

Such revision and control we deemed radically inconsistent with the independence of that judicial power which is vested in the courts, and consequently with that important principle which is so strictly observed by the Constitution of the United States.»

You comment in the conclusion about judicial notice and the «reliability» of machines controlled by software.

Also with regard to this point the Court's reasoning appears thus to exceed what is dogmatically convincing, with the result that in an area where much could be gained by accession to the ECHR from the perspective of individuals in terms of judicial control, the Court finds it preferable that no one has jurisdiction to the ECHR being granted this privilege.

The Chair of the Oklahoma Senate Judiciary Committee has introduced a pair of bills last week that would effectively put control over the Code of Judicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislaturJudicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislaturjudicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislature first.

«By continuing to demand that the commission provide him with copies of their rulings in specific cases, the governor is continuing to improperly interject himself into judicial proceedings to control the outcome,» Kathryn Williams, Monaco's attorney, said in a statement.

The bill would consolidate judicial functions by eliminating the Probate, Family, and District Courts (click here for current court structure chart, courtesy of the NCSC Court Statistics Project) and «establish [ing] a unified court system under the administrative control of the Supreme Court.»

In my view, this endorsement by the GC comes to strengthen the Commission's control over its own docket and case load, while still guaranteeing effective judicial review for aggrieved parties (ie complainants) in a sufficient degree.

Through numerous pre-trial and judicial pre-trials, Joseph Neuberger established a history of misleading evidence proffered by the complainant as against M.M. in his own effort to remove M.M. from control of the family business.

Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.

But beyond this legal realist premise, it dawns on me that all judicial sentencing decisions plainly are, at some level, policy judgments informed by views on just punishment, crime control, procedural fairness, and other express and implicit considerations.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.

Legalize and Regulate Marijuana WHEREAS, despite almost a century of prohibition, millions of Canadians today regularly consume marijuana and other cannabis products; WHEREAS the failed prohibition of marijuana has exhausted countless billions of dollars spent on ineffective or incomplete enforcement and has resulted in unnecessarily dangerous and expensive congestion in our judicial system; WHEREAS various marijuana decriminalization or legalization policy prescriptions have been recommended by the 1969 - 72 Commission of Enquiry into the Non-Medical Use of Drugs, the 2002 Canadian Senate Special Committee on Illegal Drugs, and the 2002 House of Commons Special Committee on the Non-Medical Use of Drugs; WHEREAS the legal status quo for the criminal regulation of marijuana continues to endanger Canadians by generating significant resources for gang - related violent criminal activity and weapons smuggling — a reality which could be very easily confronted by the regulation and legitimization of Canada's marijuana industry; BE IT RESOLVED that a new Liberal government will legalize marijuana and ensure the regulation and taxation of its production, distribution, and use, while enacting strict penalties for illegal trafficking, illegal importation and exportation, and impaired driving; BE IT FURTHER RESOLVED that a new Liberal government will invest significant resources in prevention and education programs designed to promote awareness of the health risks and consequences of marijuana use and dependency, especially amongst youth; BE IT FURTHER RESOLVED that a new Liberal government will extend amnesty to all Canadians previously convicted of simple and minimal marijuana possession, and ensure the elimination of all criminal records related thereto; BE IT FURTHER RESOLVED that a new Liberal government will work with the provinces and local governments of Canada on a coordinated regulatory approach to marijuana which maintains significant federal responsibility for marijuana control while respecting provincial health jurisdiction and particular regional concerns and practices.

Some solutions proposed are: rationing of judicial time for example by assigning a fixed number of motions to each proceeding; charging higher filing fees for additional motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more motions in writing; higher filing costs for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits for evidence in chief and cross, and some outsourcing of judicative functions.

Such a conclusion would result in harassment of all judges and could be used to justify absolute control of the Judiciary by the KBA, and would destroy the Doctrine of Judicial Immunity.

The question, it found, was settled by the Supreme Court's decision in Ocean Port Hotel Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52, [2001] 2 S.C.R. 781, which held that the principle of judicial independence did not apply to administrative tribunals, except insofar as their decisions concerned rights protected by sections 7 or 11 (d) of the Canadian Charter of Rights and Freedoms.

Charles Thomson agreed and suggested that disclosure could be lessened by greater judicial control.

In some instances, disclosure of protected health information to law enforcement officials will be compelled by other law, for example, by compulsory judicial process or compulsory reporting laws (such as laws requiring reporting of wounds from violent crimes, suspected child abuse, or suspected theft of controlled substances).

(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).

Right now, justice is controlled by lawyers, judges and judicial bureaucrats.