Sentences with phrase «by legislative intent»

Not exact matches

But by the time he's done construing constitutional text and legislative intent, the impression is that he's too clever by half.

It has been around for decades and debated repeatedly by members of the State Assembly so there is no confusion as to what the legislative intent is.

But in an unusually public rebuke of the governor's decision, Bharara said in letters to the commission's chairmen, obtained by the Times, that Cuomo's decision to disband the panel «gives the appearance, although I am sure this is not the intent, that investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders.»

According to this year's state - sponsored evaluation of charter schools by California's nonpartisan Legislative Analyst, charter schools «are meeting original legislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged studeLegislative Analyst, charter schools «are meeting original legislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged studelegislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged students.»

Our primary argument before the Texas Supreme Court focused on the legislative intent behind the 2015 amendments to Chapter 12 of the Education Code and the comprehensive statutory framework set forth by the state legislature for public charter schools in Texas.

«While legislators had valid reasons for promulgating the PFIC regulations, namely to discourage US citizens from deferring or avoiding US taxation by investing in non-US corporations, the PFIC rules are over-inclusive In practice, the PFIC regime captures assets that do not facilitate the legislative intent of preventing tax evasion and tax deferral.

The original intent of then HB - 350 was, first and foremost, to do away with decompression chambers that were indeed a most inhumane way to destroy unwanted pets and, in fact, by 1983 many states across the country had already outlawed this depraved and practically medieval contraption.  Alas, nothing legislative is simple in Pennsylvania's agriculturally driven general assembly.Â

In any event, the purpose of the bill should be found in the Preamble, or failing this should be found by the statement of the bill's sponsor at 2d reading further to the rule in Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bill.

Paper addresses the legislative history of Bill 187 with its original stated intent (to eliminate deeming); expansion of deeming in the subsequent draft policies by introducing the concept of «under - employment»; recommendations for a policy that complies with past practice, founding principles and current wording of the Act; call for Board research on employment outcomes after retraining.

While the result is a cumbersome calculation, I see no need to resort to any exceptional construction of the legislation, as discussed by Lamer J., as he then was, in R. v. Paul, [1982] 1 S.C.R. 621 at 662, in order to achieve the legislative intent of ss.

The Alberta Court of Appeal gave us a surprising new exception to the presumption of deference owed to statutory tribunals by ruling in Capilano, ABCA that the statutory right of appeal set out in section 470 of the Municipal Government Act demonstrates a legislative intent for an intrusive judicial role into municipal property tax assessment and therefore is an indication that the standard of review should be correctness (see Where Are We Going on Standard of Review in Alberta?

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

In administrative law cases, it is always necessary to ask «what the appropriate standard of review is for this question decided by this decision maker» (at para. 71, emphasis original): «The contextual standard of review analysis ensures that legislative intent is respected and the rule of law is protected when courts review decisions of administrative actors» (at para. 89).

Justice Slatter also recognizes the importance of legislative supremacy but is bewildered by the privileging of implied intent over explicit intent.

And this ups the interpretive ante quite nicely, making clear for those who pursue legislative intent what the anti-gay purpose is, and declaring by (necessary?)

Generally, courts are allowed to adjudicate exceptions to legislative laws in order to avoid injustice as part of their intrinsic powers to interpret laws — typically by evoking legislative «intent» (whether real of imagined), That said, Alice / Mayo falls waaaaaay outside any rubric of statutory interpretation and legislative intent.

He asserted that the Department of Health's interpretation is not consistent with legislative intent, and must therefore be corrected by legislation.

16 SB 319 / HCSFA S. B. 319 (SUB)- 1 - HOUSE SUBSTITUTE TO SENATE BILL 319 A BILL TO BE ENTITLED AN ACT 1 To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and 2 businesses, so as to provide that professional counseling includes diagnosing emotional and 3 mental problems and conditions; to clarify that persons licensed as professional counselors, 4 social workers, and marriage and family therapists are not authorized to conduct 5 psychological testing; to provide for legislative findings and intent; to provide for a 6 curriculum of continuing education relating to diagnosing; to provide for the establishment 7 of rules and regulations regarding testing conducted by licensed professional counselors; to 8 clarify that psychological testing is part of the practice of psychology; to provide that certain 9 licensed persons are able to perform certain tests other than psychological testing; to revise 10 definitions; to amend Code Section 37 -1-1 of the Official Code of Georgia Annotated, 11 relating to definitions relative to the general provisions governing and regulating mental 12 health, so as to conform a cross-reference; to provide for related matters; to provide an 13 effective date; to repeal conflicting laws; and for other purposes.

CAMFT affirms the legislative intent of Senate Bill 1172 (2012), a law designed to protect the physical and psychological well - being of minors and to protect minors from exposure to serious harms caused by SOCE.iii

While the court may choose to interpret the statute narrowly by limiting its application to temporary orders, it is difficult to extract from the legislative history an intent to create such a limitation.

[FN141] By requiring judges to specify in writing why a consent agreement is being rejected, the new law reflects the legislative intent that a judge who is not convinced that the parents» proposal is adequate must take the time to justify that conclusion.

Administrative law often looks more to the intent than the written word and agencies are charged by legislative bodies to interpret the law and apply that interpretation.