Sentences with phrase «discretion afforded»

Where para 5 of the code is invoked, consideration should be given to mounting a challenge that the ambit of the provision and the narrow discretion afforded the confirming court make it incompatible with Art 1 of Protocol 1 and Art 8 of the Convention.

eliminating the discretion afforded when child support is paid in respect of adult children, by either requiring payment of the table amount or a fixed percentage of the table amount;

However, the court will inevitably continue to rely on the very wide discretion afforded by statute.

This is especially so where legislation is intentionally drafted to be ambiguous by providing open - ended definitions and tests with non-exhaustive lists of factors to be considered, and is overly generous with the discretion afforded to the court.

Disputing a mark or proposing that a professor is incompetent is not normally sufficient to provide a civil cause of action.To establish that a university has breached its duty of care, specific facts must be plead to demonstrate conduct clearly falling outside the broad discretion afforded to universities and professors.

[38] I am not persuaded that in these circumstances the court should exercise the discretion afforded to it under Rule 9 - 1 (4) and (5).

«Clarifying the Opacity of the Duty of Transparency» [2018] P.L. (forthcoming) «Public Law in the Supreme Court 2015 - 2016» [2017] 22 J.R. 215 (with T. Cross) «Public Law in the Supreme Court 2014 - 2015» [2016] 21 J.R. 1 (with T. Cross) «The Rule of Law, Parliamentary Sovereignty and the Veto» (2015) 131 L.Q.R. 548 «Public Law in the Supreme Court 2013 - 2014» [2015] 20 J.R. 1 (with T. Cross) «The Veto in the Court of Appeal» (2014) 130 L.Q.R. 552 «Public Law in the Supreme Court 2012 - 2013» [2014] 19 J.R. 9 (with T. Cross) «The Prince of Wales and a Constitutional Aberration» (2014) 130 L.Q.R. 37 «Article 10 and a Right of Access to Information» [2013] P.L. 648 «The Discretion Afforded to Statutory Regulators in Public Law» [2013] 18 J.R. 116 «Public Law in the Supreme Court 2011 - 2012» [2012] 17 J.R. 330 (with T. Cross) «The Supreme Court Gives Its Reasons» (2012) 128 L.Q.R. 481 «Doing (Linguistic) Violence to Prevent (Domestic) Violence?

As Australian judge Ashley Black has noted, the broad discretion it afforded to judges eventually came to be seen as incompatible with parliamentary supremacy.

Typical, a judge can be informed in exercising discretion afforded by secular law by an overall religious worldview without infringing upon freedom of religion (e.g. in judging what sentence within a range should be imposed) but may not cite to religious sources as authority for that decision.

While such cases are likely to raise human rights issues, and thus import into the judicial consideration questions of proportionality and a relatively intensive scrutiny of the decision, it remains the case that, given the wide discretion afforded to the minister under IA 2005 and the nature of the competing interests, the courts are likely to be wary to intervene other than in the clearest of breaches.

«While the Senate Plan does not reflect perfect equality in population apportionment, its minor deviations comport with the discretion afforded to the states to legislate their own redistricting.

Not exact matches

With complete privacy and security in the most exclusive area in Puerto Vallarta, including its own 2 - car garage, guests commandeer this entire 10,000 square foot, stylishly - appointed authentic Mexican villa home with all of the relaxation, solitude and discretion that affords.

«Given that guests enjoy complete privacy and security in the most exclusive area in Puerto Vallarta, commandeering the entire 10,000 square foot space with all of the relaxation, solitude and discretion that affords, the result is a one - of - a-kind holiday providing an unparalleled culinary and luxury living experience.»

No other death benefits are available for survivors of participants under the optional retirement program except for such benefits, or coverage for such benefits, as are separately afforded by the employer at the employer's discretion.

With 90 % of funds remaining at the discretion of our local school board, our school is afforded greater flexibility and control of our resources, in comparison to traditional public schools where school - based budgets are set at the district level.

He had too little time left to afford discretion.

At the seller's discretion, the seller will afford the consumer the right to return the animal and receive an exchange dog of the consumer's choice of equivalent value, but not a refund of the veterinary costs related to the certification that the dog is unfit and not a refund of the purchase price.

The determination of how much weight to afford that testimony was a decision left to the discretion of the judge.

The private employer was not afforded a wider margin of discretion in the application of the regulation that the state was.

[W] hile § 314 (a) invests the Director with discretion on the question whether to institute review, it doesn't follow that the statute affords him discretion regarding what claims that review will encompass.

While legal systems depend on the flexibility afforded by discretionary power vested in lawyers, the sheer expanse of discretion in preliminary examination bolsters the power of the prosecutor vis - á - vis victims, judges, the public and, in international jurisdictions, the States concerned.

While there can be no doubt that s. 130 affords trial judges wide discretion, this does not preclude the courts from developing legal doctrine that is applied with consistency, just as they have done with the entitlement to costs.

In exercising her authority under the subsection, the Minister must act reasonably, but she is nevertheless afforded a large degree of discretion in determining how the appellant could be placed in the position she would have been had the error not been committed.

After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court's sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.

The Delaware Supreme Court recently held that stockholder ratification of an equity incentive plan that affords directors discretion in making awards to themselves can not be used to prevent the Court of Chancery from reviewing further...

To understand why it matters, it is important to appreciate the broad discretion family court judges are afforded and the role credibility plays in shaping their decisions / rulings.

The discretion the Supreme Court conferred on the modern advocate and superior court judges affords us the opportunity to rebuild the confidence lost in the conventional trial...

broad Ministerial discretions do not afford the level of transparency, predictability or consistency that is critical to the integrity of the native title system and the operation of representative bodies.