Sentences with phrase «for judicial interpretation»

Judge Bamberger is faulted by the KBA for his judicial interpretation of this issue.

«However, I think the governor is perfectly entitled to seek for judicial interpretation of his eligibility to contest another term of office.

Not exact matches

New Deal jurists pointed to the court's willingness to accommodate constitutionally dubious moral reforms to demonstrate the ultimate subjectivity of judicial decisions and the need for constitutional interpretation to evolve along with social and economic realities.

For the pro-American team, that judicial interpretation of the Constitution according to theory extrinsic to its actual text, Justice Scalia and Hadley have shown in different but equally compelling ways, is an unconstitutional abuse of power.

This profound change from our previous order of government is often hidden by political and judicial rhetoric that gives honor to and even cites the written Constitution; yet, in contemporary theory and in practice, the document is really an authoritative occasion for, rather than a norm of, judicial interpretation.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

Rosen, who is legal director for The New Republic and a George Washington University professor, wrote a dire interpretation of the conservative judicial agenda in the April 17 magazine.

van den Berg synthesized two reasons for the effectiveness of the Convention being in danger — the scheme of the Convention no longer corresponds to the needs of the global community; and misguided judicial interpretation has precipitated the text beyond recognition.

And recall as well that the judicial creation of this test (to parallel the express provision in section 1 of the Charter) has been critiqued for being inconsistent with the structure of the Constitution Act 1982 as well as ignoring aboriginal sovereignty and the limitations already placed on aboriginal rights by indigenous laws and traditions (see e.g. John Borrows, «Frozen Rights in Canada: Constitutional Interpretation and the Trickster» (1997/98) 22 American Indian L Rev 37 at 59).

One of the challenges of building a parallel to the Sale of Goods Act for licences (or just extending the SGA to licences, either by legislation or by judicial interpretation — both have been done in the US) is that commercial parties are allowed to exclude the implied warranties.

102] Bot goes even further to state that the Spanish interpretation would «paralyse the execution by the Spanish judicial authorities of European arrest warrants issued for the purpose of executing judgments rendered in absentia, unless the issuing Member States could guarantee the persons concerned a retrial.»

Courts on judicial review do view expertise as a valid doctrinal reason for deference, and are willing to put aside their own interpretation of a statute in favour of a decision - maker's.

And because that interpretation has not been shown to be an unreasonable one, there is no basis for us to interfere on judicial review — even in the face of a competing reasonable interpretation.

So, while it may be tempting to conclude that it is not an adequate tool for dealing with liability questions arising from new technologies (given that it was adopted before even the internet rose to prominence); the reality is that the PLD has already risen to the challenges of developing technology, aided by judicial interpretation, over the past 30 years.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

In the literature, scholars have thus concluded that the setting of judicial remedies in the EEA is incomplete for the EFTA countries, as there is no binding preliminary reference procedure which would ensure one unitary authoritative interpretation of EEA law (see S. Magnússon, «On the Authority of Advisory Opinions», 13 Europarättslig tidskrift (2010) p. 528 at p. 535 - 536).

A provision is unconstitutionally vague where it sets a standard that is not intelligible, that can not provide the basis for coherent judicial interpretation, and that is not capable of guiding legal debate (Canadian Foundation for Children, Youth & the Law v. Canada Attorney General), 2004 SCC 4 (CanLII) at paras. 15 - 17).

The US District Court rejected immunity for the official by deferring to the views of the executive while the Canadian case reached the decision on the basis of judicial interpretation of the domestic tort exception to immunity.

Even assuming the correctness of the rationale of Wilhalme and Grant, in light of the fact that the statutory language is arguably open to more than one interpretation, those cases do not support the State's arguments in this case, which call more for a rewriting than judicial interpretation of the statutes at issue.

With the growth in governmental regulation of the employment relationship, expanding and complex judicial interpretations of the rights of both employers and employees and the apparent rebirth of the American union movement, legal assistance in this area has become necessary for most businesses.

As for the judicial review, the court did not suggest that the interpretation adopted by the arbitrator in Kingston General Hospital was correct, or that it was the only or most reasonable of the alternative interpretations.

Another potentially important provision for landlords and property managers, which again has not been subject to judicial interpretation and appears to be rarely used, is PAFVA section 10 allowing for warrants permitting entry.

«The concept of freedom of speech received for the first time an authoritative judicial interpretation in accord with the purpose of the framers of the Constitution.»

It goes without saying that even though Ferreira de Silva case could be seen as a more lenient approach towards the relaxing of the acte clair doctrine [8] the CJEU will always strive for uniform and correct interpretation of EU law in order to avoid divergences in judicial decisions as well as different and conflicting application of EU law.

It should instead let administrative judicial review be a matter of practice and the appropriate judicial attitude, one of respectful attention to any decision - maker's reasons for a particular decision, while recognizing that judges provide a sober second thought through judicial review, particularly on matters of legal interpretation.

The Los Angeles Superior Court Language Access Services Division provides multilingual interpretation and general language services in court proceedings to ensure meaningful participation in the judicial court process for individuals with limited English proficiency.

Select Books and Recent Law Review Articles: • Public Policy in International Economic Law: The ICESCR in Trade, Finance and Investment (Oxford University Press, 2015) • Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012) • ASEAN Integration and Philippine Treaties (Cambridge University Press, forthcoming in ASEAN Integration through Law Series) • ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (co-edited with David J. Cohen, Routledge, forthcoming) • International Commercial Arbitration for the Philippine Legal Profession (editor, University of the Philippines IILS Press, forthcoming) • Code of Professional Responsibility (USAID and Philippine Judicial Academy, 2007)

Judicial decision - making provides five advantages not adequately provided by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed by law.

Once we diagnose the need for why rules require interpretation, we can better assess the legitimacy of the judicial function.

On the contrary, Laskin J.A. affirmed the need for «judicial interpretation» to deal with new technology.

But other rules do lend themselves to judicial interpretation or enforcement — and for them too, it should not matter whether these are ostensibly legal or conventional rules.

They may lose their cases for a host of reasons unrelated to the merits such as judicial error, refusal or inability of witnesses to testify, novel interpretations in he law or the vagaries of jury verdicts.

Accordingly, on an appeal from a judicial decision, the interpretation of a non-standard form contract is normally reviewable only for palpable and overriding error unless there is an extricable question of law.

The Bill may be subject to amendment on its way to Royal Assent and once it becomes law certain aspects may be made subject to judicial interpretation (for example, notions of consummation and adultery seem particularly vulnerable to litigation given the unanticipated difficulties).

It is also unclear whether the SPC will issue a draft judicial interpretation or draft regulations on the Belt & Road dispute resolution center for public comment.

For example, secret executive orders and secret opinions of the Office of Legal Counsel (OLC) can contain interpretations of law that are in many ways as binding within the executive branch as judicial pronouncements are.

Judge Liu revealed that the judicial interpretation will set out details regarding the meaning of «reciprocity» and standards for applying it (明确互惠原则具体适用的标准).

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

As previously discussed on this blog (and in a forthcoming article), there is no transparency requirement for guiding opinions and other «judicial normative documents» that are not judicial interpretations.

(b) to improve the knowledge of the European Union's primary and secondary law among judges, prosecutors and judicial staff, including fostering the knowledge of the procedures before the European Court of Justice, in particular the procedure for obtaining a preliminary ruling on the validity and / or interpretation of provisions of European law;

Tim Johnson, real estate partner at DAC Beachcroft, says: «There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of «limited degree of conflict with this Framework» when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.»

The biggest argument for a more narrow interpretation of the Carter declaration is judicial deference to Parliament to craft a constitutionally compliant mechanism, in particular because there are competing values of great importance.

And while the Crown must appeal this decision, it sets the stage for the statute to be considered by a higher court where it may be subject to a more sophisticated level of judicial interpretation.

R. v. Ashini (J.B.) 2015 NLPC 1711 Civil Rights — Criminal Law Summary: At issue on this bail hearing was whether the accused should be released, as well as the proper interpretation of s. 516 (1) of the Criminal Code in the context of the Supreme Court of Canada in R. v. Pearson (1992), R. v. Morales (1992), and R. v. Hall (2002) and the judicial reality that existed for years in Labrador.

In this edition of the Boston University School of Law podcast, host and media veteran, Dan Rea of WBZ - Radio 1030 welcomes Associate Dean for Academic Affairs, Professor Ward Farnsworth, to discuss his ongoing research into the role of politics and judicial philosophy in legal interpretation at the Supreme Court.

As discussed in Chapter 3 the policy position at federal Government level has been to apply and reinforce this increasingly narrow judicial interpretation of native title, including opposing in the courts, recognition of native title (for example sea rights) and subjecting agreements recognising native title to critical scrutiny even where such agreements are based on consent.