Sentences with phrase «common law power of»

The Supreme Court of Canada restored the trial court's decision, affirming the common law power of police officers to perform a «search incident to arrest»:

Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

The extent of the common law power of a court to give assistance to the liquidator of a foreign company.

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal) and [2016] UKPC 33 Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

[1] The common law power of search incident to arrest is an ancient and venerable power.

The appeal did not relate to the Court of Appeal's findings in relation to the common law powers of the police.

17 I do note in passing that there was no discussion in Tresham about the common law powers of a police officer to make a vehicle stop in a parking lot on private property and yet Mr. Auger submits that the decision of R. v. Hopman4 relied on by the Crown for the assertion of that authority, in private parking lots, is inconsistent with Tresham.

Not exact matches

For example, in standard contemporary philosophy of science causation is characterized in terms of law - exhibiting sequences in the order of events, whereas more traditional and common sense views often conceive of causation in terms of a generative and governing force or power.

We are two nations: one concentrated on rights and laws, the other on rights and wrongs; one radically individualistic and dedicated to the actualized self, the other communal and invoking the common good; one viewing law as the instrument of the will to power and license, the other affirming an objective moral order reflected in a Constitution to which we are obliged; one given to private satisfaction, the other to familial responsibility; one typically secular, the other typically religious; one elitist, the other populist.

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

But in the power battles which had been raging for some centuries, the contentions were common enough: «The Church's authority is greater than the authority of Scripture... the decretals of the Roman Church have to be added to Scripture... in the New Law the Pope's judgment is the oracle of God.»

' (1) the decision to use «containment» to impose a «kettle» around the Climate Camp between 7.00 p.m. and around 11.30 p.m. on 1 April 2009, purportedly under common law powers to prevent a breach of the peace;

There are three main prerogative powers recognised under the common law which still reside in the jurisdiction of the Crown.

The leader of the Common Council's Democratic majority said that he's open to compromise on a controversial ethics law that Mayor Shayne Gallo claims was designed to keep political power in the hands of political party elites.

All three cases involved a common issue — a new definition by the Supreme Court requiring a formal exercise of government power rather than just a meeting or phone call to prove a quid pro quo bribery scheme under the federal law prohibiting «honest services fraud.»

Find the reciprocal of a number given as a fraction or decimal · Use index laws to calculate with squares and cubes · Use index laws to simplify and calculate the value of numerical expressions involving multiplication and division of integer powers, and powers of a power · Find the prime factor decomposition of positive integers and write in index form · Know the effects that a change of place value has on a calculation · Multiply and divide by any number between 0 and 1 · Multiply and divide decimal numbers by whole numbers and decimal numbers (up to 2 d.p.), eg 266.22 ¸ 0.34 · Use brackets and the hierarchy of operations (BIDMAS) · Use index notation for integer powers of 10 · Add, subtract any numbers including negative decimals · Check answers by inverse calculation · Find the common factors and common multiples of two small numbers

The laws of Connecticut provide the government with a mechanism to punish parents who allow their children to be truants, but Connecticut law specifically fails to provide the government with any power related to punishing a parent or child for refusing to take the Common Core SBAC Test.

Some may find that Joyce's long - suffering common - law wife, Nora Barnacle, is not given the full measure of her power and influence here.

Due to the limitations of the Second Law of Thermodynamics, and the Carnot efficiency corollary, it is very difficult and expensive to get a heat engine to convert at better than 50 %, and it is more common to see 33 % for electric power generation at central power plants.

The other issues in Rio are mostly trouble for an American president, having to do with foreign assistance, inequitable distribution of wealth and power, oceans (the United States is still blocked from ratifying the Law of the Sea treaty by a small Senate bloc) and efforts to find common approaches to conserving global assets like the planet's biological diversity — a fight far beyond the power of a single leader to sway.

In 2004, eight states sued a group of power plant owners for common law damages caused by their CO2 emissions.

Pill LJ drew attention to the fact that other powers of entry and search are available to the police, eg under s 32 of PACE or at common law.

Moreover, the common law power does not entitle the police to carry out a search some two hours after an arrest has been made in a nearby street: see Hewitson v Chief Constable of Dorset Police and another [2003] EWHC 3296 (Admin), [2003] All ER (D) 344 (Dec).

16 The Crown has not argued the applicability of section 48, but instead relies on the powers of the police to make traffic stops at common law.

Even if his exercise of his common law power could be regarded as random and arbitrary, in these circumstances it would be justified under section 1.

In these circumstances and given my view that Constable B. had the common law power to make the stop he did in this case, any further argument on the limitation of section 48 to highways will have to wait for another day.

The National League of Democracy (NLD), led by Daw Aung San Suu Kyi, wishes to transfer the power of the Constitutional Tribunal to the Supreme Court, more in line with common law norms.

The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands of people whose lives have been damaged for lack of affordable legal services provided by competent lawyers; (2) the power of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way of programs on the way to socialized law; (3) the fact that self - regulation of the legal profession has been lost by the law societies in several jurisdictions of the common law world and the U.S; [7] and, (4) the fact that the consequences of the unavailability of legal services at reasonable cost will motivate the many non-lawyer legal service providers to offer legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.

Myanmar is the only (nominal) common law country to have a Constitutional Tribunal, rather than vesting the power of constitutional review in the Supreme Court.

Where claims give rise to «common or related issues of fact or law» the court has the discretionary power to make a GLO to manage the claims governed by the GLO in a co-ordinated fashion.

Two further decisions impacted on the right to education: in Re JR 17 [2010] UKHL 27 (the appeal from Northern Ireland) the Supreme Court confirmed that a school principal has no common law power to suspend a pupil from school for an alleged breach of discipline, and in A v Essex County Council [2010] UKHL 33 the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the ECHR.

He gave a bravura display of the forensic powers of a common law judge at the top of his game: the European Court, he argued, began a line of authority with a decision where it «gave no explanation»; had no requirement to say anything («it was not a rule that was relevant to the facts of the case»); and heard no argument.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

Its outcome will not affect the power of the Courts of England and Wales to deal with disputes where both parties are within this jurisdiction or where the common laws will apply in any case.

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet... [more]

There is not one shred of doubt, however, about the Framers» paradigm for criminal justice: not the civil - law ideal of administrative perfection, but the common - law ideal of limited state power accomplished by strict division of authority between judge and jury.

See, e.g., Rotwein v. Gersten, 160 Fla. 736, 36 So.2 d 419 (1948)(although actions for alienation of affections, criminal conversation, and breach of contract to marry were a part of the common law and have long been a part of the law of this country, when they became an instrument of destruction and blackmail, act abolishing them was within legislative power).

Whether the court possessed any common law power to protect the anonymity of a party where rights under the ECHR (given effect by the Human Rights Act 1998 (HRA)-RRB- are engaged;

The 2007 green paper reiterated that «the role, governance and values of the Civil Service» had not yet been set out in statutory form and that the minister for the Civil Service (the prime minister) exercises powers concerning civil servants under the aegis of the common law royal prerogative.

That article codifies the ECJ's case - law on implied exclusive treaty - making powers, and in particular the AETR doctrine which establishes such competence if the conclusion of the agreement in question «may affect common rules or alter their scope».

In Souza v. Sheriff of Bristol County, the SJC rejected the sheriff's argument that common law traditions dating back to the early days of English history gave him this power.

UNISON applied for a judicial review of the Fees Order and argued that it was not a lawful exercise of the Lord Chancellor's statutory powers because the fees interfered unjustifiably with the right of access to justice under the common law and EU law, frustrated the operation of legislation granting employment rights, and discriminated unlawfully against women and other protected groups.

As someone who represents both employees, and more frequently employers, with respect to such cases it is far too common that I see applicants, often self - represented, who mistakenly believe that the HRTO has the power to adjudicate all aspects of employment law.

Common law lawyers in Canada are formally and properly called «barristers and solicitors», but should not be referred to as «attorneys», since that term has a different meaning in Canadian usage, being a person appointed under a power of attorney.

Whilst the law of the DIFC is interpreted in accordance with the methodology of the common law and proceeds incrementally, the courts have no power to create law by incorporating some external body of law for which there is no provision in Article 8 of DIFC Law No 3 of 20law of the DIFC is interpreted in accordance with the methodology of the common law and proceeds incrementally, the courts have no power to create law by incorporating some external body of law for which there is no provision in Article 8 of DIFC Law No 3 of 20law and proceeds incrementally, the courts have no power to create law by incorporating some external body of law for which there is no provision in Article 8 of DIFC Law No 3 of 20law by incorporating some external body of law for which there is no provision in Article 8 of DIFC Law No 3 of 20law for which there is no provision in Article 8 of DIFC Law No 3 of 20Law No 3 of 2004.

(2) The Superior Court of Justice has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario.

It thus adopted the system of military common law applied by military tribunals so far as it should be recognized and deemed applicable by the courts, and as further defined and supplemented by the Hague Convention, to which the United States and the Axis powers were parties.

The majority of the Court of Appeal rejected the trial judge's expansion of the duty of honest performance in contracts to create a common law duty of «reasonable exercise of discretionary contractual powers,» noting that the duty of honest performance does not relate to the negotiation of terms, and confirmed that an agreement should be interpreted in accordance with its terms unless it is unconscionable or contrary to public policy.

«At common law a police officer may carry out a «frisk» search of a person who has been lawfully arrested and the existence of reasonable and probable grounds is not a prerequisite to the existence of such a power.

R. v. MacDonald, 2014 SCC 3 (34914) Two stages: the court must ask whether the action falls within the general scope of a police duty imposed by statute or recognized at common law; if the answer is affirmative, the court must inquire into whether the action constitutes a justifiable exercise of powers associated with the duty.