Justice Stratas argues that we need stable, coherent, legal doctrine to which lawyers and judges alike are committed because we might not always live in «benign times,» and in a moment of crisis we will be better off if judges
decide controversial cases on the basis of stable legal doctrine rather than of what they feel is right or fair in those ominous circumstances.
Not exact matches
He's referring to the
controversial Supreme Court
Case,
decided in 2010, which opened the doors to unlimited campaign finance spending from corporations and unions.
Yet
deciding what it means to act justly in particular situations (whether it's a
case of affirmative action or the huge global inequalities in living standards) is highly
controversial.
In fact, this was a
case of the NHS
deciding not to make a
controversial decision which could be the subject of election campaigning.
«We
decided to publish this
controversial report to highlight that the safety of any medical intervention should always be a major concern,» said Professor Bart Fauser, Chief Editor of Reproductive BioMedicine Online, «especially in
cases where women undergo drug treatment for the sole reason of helping others.»
On 28 February 2017, the Court
decided in an equally
controversial and important
case that it had no competence to look into the question of the legality of what has become known as the EU - Turkey deal under Article 263 TFEU.
The Commissioner weighs in on the
controversial Alberta Leon's
case that
decided license plates are not personal information — which differs from other provinces.
While false statements can be punished in some circumstances, in political contexts this is generally not the
case (so that judges aren't put in the
deciding the truth of a
controversial question).
Advanced costs are
controversial because it forces one party (typically a government entity in Charter
cases) to pay another's legal fees before the validity of the claim is
decided.
Overseen by the academic editors from Cardiff University, some of whom founded the series, the first
case BMLR published was the
controversial case of Bolam v Friern Hospital Management Committee (1957) 1 BMLR 1 in which it was
decided there was no breach of standard of care if a responsible body of similar professionals support the practice that caused the injury.
As the causation issue remains
controversial, judges were urged to be slow to direct the use of single joint experts until some test
cases had been
decided at the High Court level.
A relatively recent, and highly
controversial, concept developed by the American Law Institute to assist the court in
deciding child custody
cases by asserting the premise that maintaining approximately the same parenting routines after divorce as the parents and child (ren) experienced before divorce is in the best interest of the child (ren).