Sentences with phrase «discretionary power»

This means that the mechanism of legal accountability — the judicial review — can justify the delegation of discretionary powers.

However, the judgment also contains a useful reminder of the law concerning sham trusts and appropriate considerations for trustees to take into account when exercising discretionary powers.

This job requires customary and regular exercise of independent judgment and discretionary powers in the day - to - day performance of job duties.

This is exactly what leads to corruption, a group of people with discretionary powers.

The new regulations don't give parks officials discretionary powers, but do require applicants to obey all local, state and federal laws.

One goes from being the head of state for the most powerful nation in the world with massive, sweeping discretionary powers and, literally powers of life and death.

The third reason is that our governance frameworks are designed for too much individual discretionary powers and state capture.

The trust can grant the trustee certain discretionary powers that allows the trustee to withhold gifts if the beneficiary does not meet specific requirements.

The exclusive discretionary power to settle liability claims given by statute to the insurer in this case, places the insured at the mercy of the insurer.

In a nutshell, most public officials have a large amount of discretionary power, much of which is not monitored particularly closely.

There is bound to be an element of uncertainty in the use of the wide discretionary powers given to the court under the 1973 Act, and no doubt there always will be, because as social circumstances change so the court will have to adapt the ways in which it exercises discretion.»

In the right hands, that's an extraordinarily important post and its a crucial element of home - state «pork» because it wields tremendous discretionary power on the Defense budget.

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

When Abella invoked the phrase, contrasting the rule of law and the law of rules, she was essentially rejecting Scalia and endorsing greater discretionary power for judges — though she does so by way (it seems) of simplifying the process and making it more accessible for laypersons.

The Quebec Minister of Education argued that they hold a very broad discretionary power under section 22 (1) that its decision is reasonable and therefore, it should not be invalidated by the court.

Plaintiff further states that the proper instrument to govern the exercise of the 1st Defendant's vested discretionary power to charge fees or to request of a deposit of fees for the general elections 2016, ought to be a statutory instrument and not a constitutional instrument.

The cracks include the tolerance of unfettered discretionary power in the management of our public affairs and the permissiveness of sole sourcing and other negative practices of allowing institutions to exist without an appropriate legal framework,» Mr. Ayariga said.

It is odd, therefore, to find on Judicial Power's list of 50 «problematic» cases Liversidge v Anderson — which is criticised by the editors of the list as showing «excessive deference to the executive's wide discretionary powers in wartime» and for «giving no effect to a statutory provision requiring the Home Secretary to have reasonable grounds for a detention decision».

Russell Brand and the Socialist Workers Party won't find themselves targeted under May's new discretionary powers, as the measures really target Islamic extremism.

Of far greater significance is the fact that a familiar clause — found in several of our treaties — which qualifies the exception of citizens by expressly conferring discretionary power to surrender them was omitted in the treaty with France.

The exact numbers, however, are not my concern here, but rather the principle, that we can avoid discretionary power without adopting fixed - term parliaments.

'' [Prior] cases leave in no doubt the proposition that the conferring of discretionary power upon administrative boards to grant or withhold permission to carry on a trade or business which is the proper subject of regulation within the police power of the state is not violative of rights secured by the Fourteenth Amendment.

Moreover, in the rather recent ESMA case, the Court «mellowed» the Meroni doctrine and allowed the delegation of discretionary powers as long as this was followed by judicial control.

From their current standpoint, what the masses expect from the VP in my views is not the announcement but, a template in place for ensuring «that every dollar / naira in revenue would be properly accounted for and would reach the beneficiaries at the grassroots as one dollar, without being siphoned off along the way; block the areas where discretionary powers had been exploited for personal gains and sharpened the instruments that could prevent, detect or deter such practices».

Judges in England and Wales could be given greater discretionary powers in setting sentences under proposals unveiled by the government today.

The Hansard Society says the monarch does not possess any reserve discretionary powers to act as a broker between party leaders in difficult situations: «It is essential for the future of the monarchy that its detachment from the political process is maintained.»

The first point on which he had relied was that any exercise of the power of amendment by the LSC would have to comply with principles governing the exercise of discretionary powers by public authorities, including propriety of purposes and the consideration only of relevant factors.

Trendy Resumes shall be entitled with absolute discretionary powers to take appropriate legal actions against any possible infringements of its rights or unauthorized use of its resume templates.

The desire to be free of such discretionary power does not have to be held in virtue of the belief that we ought then to proceed to use our independence to act in specific ways.

Using a main switch for all of creation would not allow God specific discretionary power — e.g., to control the will of Judas, but not John and the other disciples.

The impossibility of specifying explicit rules is one of the reasons why editors of scientific journals and panels awarding research grants must have considerable discretionary power in evaluating new ideas.

Old - time college presidents also bad substantial discretionary powers in hiring and could select persons of «good character.»

But approval guidelines for potentially controversial «freedom of speech» park uses are not written into the proposed policy, nor are overriding discretionary powers, according to park district officials.

«There is a great deal of concern within the tax profession that the GAAR could give too much discretionary power to HMRC.

More seriously, the current constitution, where the Crown - in - Parliament rules, gives enormous discretionary power to a tiny handful of people.

Discretionary power allows a broker or agent to make decisions based on what he or she believes is best for you.

Congress gave the EPA discretionary power to set what is called the Renewable Fuel Standard to take into account the state of investment, innovation, and capabilities of the biofuels sector.

Of course, demand response provides more orderly demand cascading, but it is limited to a few businesses with discretionary power needs — like refrigeration compressors in supermarkets.

They also include unspecified discretionary powers regarding noise, zoning, and traffic regulations for the Mayor and City staff.

In the words of the ECJ it is «discretionary power [which] forms an integral part of the Common European Asylum System provided for by the TFEU Treaty and developed by the European Union legislature».

«In the modern Canadian legal system, this equitable and discretionary power survives, and is recognized by the various provincial statutes and rules of civil procedure which make costs a matter for the court's discretion.»

This case indicates that the courts appear increasingly willing to scrutinise discretionary powers in commercial contracts and no doubt will be followed by the ombudsman service who manage the complaints process for ABFA members.

In this issue: The Singapore International Commercial Court: an update; Exercising your contractual discretionary power: how rational should you be?

The proposals, set out in Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders, include: rewarding early admissions of guilt with up to 50 % reduction in sentence; increased use of restorative justice measures; introducing reforms to make offenders directly compensate victims of crime; and simplifying the sentencing framework so that judges have more discretionary powers.