Sentences with phrase «exercised judicial authority»

The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.

The courts provided for in this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include sharia law, in making judicial decisions.

Not exact matches

As both prophet and judge, Deborah exercised complete religious, political, judicial, and militaristic authority over the people of Israel.

They may end their relationship at any time, without the exercise at any point of control by a judicial authority.

The new coalition points to a number of potential changes to the constitution that they would like to see, including the creation of a public financing system for campaigns, election reforms like same - day registration, court reforms to make it easier to navigate the judicial system and the ability for local municipalities to exercise greater control over issues they traditionally need state authority to manage.

Perhaps it is folly to expect substantive judicial review to be a simple exercise, since at its core the review must both acknowledge and respect the exercise of legal authority by statutory officials while at the same time ensure such authority is legitimate under the rule of law.

He added: «Turkey's own Constitution states that judges «shall be independent in the discharge of their duties... No organ, authority, office or individual may give orders or instructions to courts or judges related to the exercise of judicial power».

Is the review really the same: (a) when exercised by an administrative authority, in the framework of EIA, and (b) when exercised by a judicial authority in the assessment of «causal link»?

As noted in that post, consular officials are only entitled to functional immunity from prosecution, i.e immunity in respect of acts performed in the exercise of her consular functions, and may be arrested for grave crimes (pursuant to a decision of a competent judicial authority).

``... if it appears at the time the decision on pre-trial detention is taken that the «officer authorised by law to exercise judicial power» is liable to intervene in the subsequent proceedings as a representative of the prosecuting authority, then he could not be regarded as independent of the parties at that preliminary stage as it is possible for him to become one of the parties at a later stage.»

remedy for this, however, lies, not in the abuse by the judicial authority of its functions, but in the people, upon whom, after all, under our institutions, reliance must be placed for the correction of abuses committed in the exercise of a lawful power.»

«The doctrine of judicial immunity affords state judges absolute immunity for past judicial acts regarding matters within their court's jurisdiction, even if their exercise of authority is flawed by the commission of grave procedural errors.»

And if it be not so exercised, the judicial authority of the state only, between its own citizens, can interpose and prevent the wrong, or repair it in damages.

«That the moment a Supreme Court is formed, it is to exercise all the judicial power vested in it by the Constitution, by its own authority, whether the legislature has prescribed methods of doing so, or not.»

These consequences will be most peaceably and effectually decided by the establishment and by the exercise of a superintending judicial authority.

While state supreme courts and other state judicial authorities have the de jure power, for the most part they fail, for whatever reason (s), to exercise it, leaving a regulatory vacuum open for the ABA to fill.

Nothing Dunsmuir says about the rule of law suggests that constitutional compliance dictates how many standards of review are required; the only requirement is that «there be judicial review in order to ensure, in particular, that decision - makers do not exercise authority they do not have» (emphasis in original).

As a litigator, he has focused on judicial review work since 1993, challenging the unfair exercise and abuse of power by public authorities, human rights breaches and discrimination.

(4) Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

The leading authority as to the exercise of judicial discretion in these situations is Sandwell MBC v Hensley [2008] HLR 22 which states: before deciding to grant an SPO the court must be satisfied that there is a sound basis that the tenant will observe the terms of the tenancy agreement in the future.

[28]-LSB-...] Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority.

The only requirement is that «there be judicial review in order to ensure, in particular, that decision - makers do not exercise authority they do not have» (emphasis in original).

Every trial involves the exercise of judicial power, and from what source did the military commission that tried him derive their authority?

From the best information, however, which I have been able to collect on this subject, it appears that the legislature, or General Court of Connecticut, originally possessed and exercised all legislative, executive, and judicial authority, and that from time to time it distributed the two latter in such manner as it thought proper, but without parting with the general superintending power or the right of exercising the same whenever it should judge it expedient.

The Judiciary in general, and this Supreme Court in particular, has a central role in the protection of that Constitution and in the realization of its fruits so these may inure to all within our borders; and in the exercise of that role, we choose to keep our latitude of judicial authority unclogged: so the Supreme Court may be trusted to have a watchful eye over the play of the Constitution in the fullest sense.