Sentences with phrase «court judicial declaration»

Not exact matches

The occasion for Lincoln's declaration of implacable opposition to judicial supremacy had been a decision which, above all others, stained the Court's reputation as an institution dedicated to, as it says above the entrance to the Marble Temple in Washington, D.C., «equal justice under law.»

It is ironic that the declaration of judicial supremacy made by the Warren Court came in the context of the Court's efforts to enforce a ruling in the cause of racial equality and civil rights.

Emancipation does not, however, necessarily mean «legal majority,» and may be granted earlier in instances where the minor can demonstrate they are at least sixteen years old; are living apart from the parents with their consent or acquiescence; able to manage their own finances and have a legal source of income; actively serve in a branch of the armed forces; or other reason the court may determine it in the best interest of the child to make a judicial declaration of emancipation.

It becomes easy to file perfunctory annual reports with the court and let a case fall into dormancy without an official declaration of «unitary» status, the legal standard for removing judicial supervision.

That would mean that the documents like Constitution or Declaration of Human Rights would be interpreted differently in each case and lead to depending on the subjectivity of the court or the judge in individual matters and make judicial assessment as the primer source of the law.

It is true, that the courts of justice of the United States are vested, by express statute provision, with power to fine and imprison for contempts; but it does not follow, from this circumstance, that they would not have exercised that power without the aid of the statute, or not, in cases, if such should occur, to which such statute provision may not extend; on the contrary, it is a legislative assertion of this right, as incidental to a grant of judicial power, and can only be considered either as an instance of abundant caution, or a legislative declaration, that the power

In the end, the court was ruling on a judicial review of an administrative decision, and did not see it as «appropriate in such a case to issue declarations that [religious] rights have been breached,» says Tucker.

In the recently decided Commonwealth v. McGonagle, the Supreme Judicial Court considered whether a Massachusetts statute that allows victims of crimes to recommend a sentence violates (1) the Eighth Amendment to the U.S. Constitution and Article 26 of the Massachusetts Declaration of Rights (particularly in light of the U.S. Supreme Court's recent decision in Bosse v. Oklahoma, 137 S. Ct..

Proceedings for judicial review have been brought in the High Court of Justice in London before The Lord Chief Justice, The Master of the Rolls and Lord Justice Sales in order to obtain a declaration from the Court on whether, under UK constitutional laws, the Government can lawfully use prerogative powers to give notification to the EU under art. 50 of the Lisbon Treaty without the Parliament's formal authorisation.

More specifically, they are seeking declarations that Québec could not, consistently with section 96 of the Constitution Act, 1867, grant its provincial court exclusive jurisdiction to hear cases where the amount at issue is more than $ 10 000 or any powers of judicial review over provincial administrative tribunals, because these powers are reserved for federally - appointed judges.

Thereafter, in either of the above cases, whenever the governor transmits to the president of the senate and the speaker of the house his written declaration that no inability exists such vacancy shall be deemed to have terminated four days thereafter and the governor shall resume the powers and duties of his office unless the chief justice and a majority of the associate justices of the supreme judicial court, or such other body as the general court may by law provide, transmit within said four days to the president of the senate and the speaker of the house their written declaration that the governor is unable to discharge the powers and duties of his office.

Whenever the chief justice and a majority of the associate justices of the supreme judicial court, or such other body as the general court may by law provide, transmit to the president of the senate and the speaker of the house their written declaration that the governor is unable to discharge the powers and duties of his office, the office of governor shall be deemed to be vacant within the meaning of this Constitution.

Another field of expertise by the company is asset protection — this is especially significant to residents of states where benefits from life plans and annuities can not be encompassed by bankruptcy declarations and seizure of judicial courts.

The court stated that the Broker could have obtained a release from the Buyer allowing him to distribute the escrowed funds to the Sellers or could have sought a judicial declaration on how to distribute the escrowed funds.

If you wish to take a proactive approach during a disagreement, you can file a lawsuit seeking a judicial declaration — essentially a request that the court determine what the contract says about disbursing funds.