Sentences with phrase «further judicial interpretation»

The definition enunciated in that case has generated much legal speculation, as well as further judicial interpretation by state and federal courts.

Not exact matches

Some proceed further and embrace judicial supremacy over all other interpretations.

Judges at the ad hoc Tribunals have alternated, through judicial interpretation, between further propagating this influence and seeking to supplant it by reference to the sui generis nature of the ad hoc Tribunals.

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.»

Having rejected a wide interpretation of the term «provided» and also having refused the application of additional criteria to Article 12 (1) by analogy, the CJEU also replied negatively to the question of the German court whether any further criteria had to be taken into consideration in addition to those contained in Article 12 (1) and 2 (b) with systematic coherence and judicial constraint.

Indeed, in Administrative Law, Wade and Forsyth go further, suggesting that Anisminic amounted not to the interpretation of the provision but to judicial rejection of it: the judgment, they write, rendered «shall not be questioned» ouster clauses «totally ineffective», such that «[t] he policy of the courts... becomes in effect one of total disobedience to Parliament».

The application of the Act to internet publications will have to come about by legislative amendment or through judicial interpretation of statutory language drafted in a far earlier era.

This contributes decisively to ensuring the uniform interpretation of EU law and, in that way, furthers legal certainty and improves the situation of the individual seeking judicial remedies.