Sentences with phrase «by judicial precedent»

In a petition by Civil Society Network Against Corruption, the group accused the judge of consistent refusal to abide by judicial precedents laid down by the apex court in granting orders and injunctions against the EFCC.

Not exact matches

For years, Bryan Garner has favored the use of caselaw over case law to describe precedent established by judicial decisions.

[M] aybe divisions of appellate courts think that if they ignore their own precedents they won't get called on this by their colleagues, especially if a judge on the appellate panel was part of the panel deciding the precedents; or there's nobody outside the court (who might matter) to to complain because it's an appellate court of final resort; or it's an inferior appellate court but the panel has good reason to believe the final appellate court won't grant leave to appeal.Whatever the reason, such judicial conduct unacceptable.

His point being that deep thinking about social issues is often curtailed by the lawyer's resort to judicial 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....»

Mr. O'Sullivan is also correct to imply that, in a justice system where the content is based in part on «judicial civil precedent», on judges providing new solutions to new problems created by changes in society, a reduction in the number of decided cases, precedents, could be a problem.

Finally, although we do not have a justice of precedents, it is a fact that the volume of judicial disputes leads the Judges to create a base of decision criteria and it needs to be very well known by the law office to guarantee maximum performance in the defence of its clients.

[18] Paragraph (d)(2) recognizes that a lawyer may provide legal services in a jurisdiction in which the lawyer is not licensed when authorized to do so by federal or other law, which includes statute, court rule, executive regulation or judicial precedent.

Another cost of judicial review, according to some, is the erosion of precedent caused by constitutional adjudication.

But because of the judicial emergency, the Third Circuit's active judges are now playing a radically smaller than normal role in shaping its precedent: four out of the last five CA3 published opinions were issued by panels with a single active judge and two senior judges.

If the precedent sought by the KBA is upheld in this case then the jurisdictional authority of the KBA will be so broadly expanded then the justification for the existence of the Judicial Conduct Commission will be voided.

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.

Stare decisis is also defended on the ground that it increases the «perceived integrity of the judicial process» by promoting the appearance of the rule of law.52 When courts cavalierly overrule their own precedent, they may reduce the public's confidence in the view that judges are constrained by the principles of law they espouse.53 However, granting binding precedential value to secret opinions fails to promote the appearance of the rule of law, precisely because these opinions are secret.

Singapore's common law system is characterised by the doctrine of judicial precedent (stare decisis).

If the preemption provisions of this regulation do not apply, the covered entity must comply with the requirements or limitations established by such other law, regulation or judicial precedent.

A classic is the following decision by Master Funduk explaining the concept of stare decisis (judicial precedent)(the «punchline» is in the last paragraph):

The patchwork nature of traffic - court decisions is creating a dangerous precedent in this area and I can only hope that we will see a judicial pronouncement by a criminal court judge in a well argued case soon.

The essence of judicial pragmatism, or at least my version of it, is recognition that difficult cases — and they are legion in our system — can not be resolved at the appellate level by a distinctive process of reasoning called «legal reasoning,» emphasizing careful parsing of text and scrupulous adherence to precedent and an analytical method that resembles deductive logic.