Sentences with phrase «declaratory powers»

However, the Committee observes that retained direct EU law with the status of primary legislation would remain subject to judicial interpretative and declaratory powers under the HRA, and to the courts» inherent powers of construction whereby legislation is, wherever possible, read in line with common law constitutional norms.

The bill proposes to use the declaratory power of the Constitution Act, a power that has been used over 400 times in the history of Canada.

The bill proposes to use the declaratory power of the Constitution Act, a power that has been...

Bill S - 245, the Trans Mountain Pipeline Project Act, proposes to use the declaratory power of the Constitution Act, a power that has been used over 400 times in the history of Canada.

[1] This declaratory power under section 52 (1) was not the preserve of the superior courts.

Not exact matches

Pursuant to the October 15, 1992 Declaratory Judgment in favor of the B&ECPL in Buffalo & Erie County Public Library v. County of Erie, B&ECPL trustees have the exclusive power and duty to use B&ECPL property.

Today the Sierra Club filed a petition with the Virginia State Corporation Commission seeking a Declaratory Judgment that Dominion Virginia Power's arrangement to obtain gas capacity in the Atlantic Coast Pipeline is subject to Commission approval under the Virginia Affiliates Act.

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.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

The appellate court disagreed, finding that a court has the power to issue declaratory judgments in cases in which an insurance company disputes coverage.

Despite this finding, the Court expressed the appropriate deference to the government and respect of the prerogative powers of the executive by providing declaratory relief instead of a specific remedy, given that,