In short, one would have expected that the reference in Dunsmuir to «questions of general law» was a reference to
general legal principles for which tribunals could not claim relative expertise.
Not exact matches
To begin with the elemental ethical level, the words of Amos denouncing those who would «make the ephah small and the shekel great, and dealing falsely with balances of deceit» (8:5) are set in formal
legal language in both D and H. 17 All three codes under discussion have
general laws against the perversion of justice.18 The
principle of sympathy and consideration
for the weak is expressed with astonishing variety.
The Code provides in the same Rule that «A judge is permitted to make public statements (my emphasis) in the course of his or her official duties or to explain
for public information the procedure of the court,
general legal principles, or what may be learned from the public record in a case.
See
for example the 2000 Declaration of the South Summit by the G77 composed of about 130 member States [«We reject the so - called «right» of humanitarian intervention, which has no
legal basis in the United Nations Charter or in the
general principles of international law».
About Blog This blog is made available by the contributing lawyers or law firm publisher solely
for educational purposes to provide
general information about
general legal principles and not to provide specific
legal advice applicable to any particular circumstance.
It is a
general principle of these kinds of cases that the parties need to have intended
for the person lacking
legal title to acquire a beneficial interest, and proof to the contrary should make such a claim likely to fail.
The relevant
legal principles can be excavated from the
general prolixity but you have to search
for them.
I nevertheless think it preferable
for judges to say that they are trying, with reference to municipal
legal systems, to solve
legal problems in a way that will make a positive contribution to international law more generally, rather than to claim that
general principles derive their validity from state consent or from the objective nature of law.
Entering this critical fray, this article examines the debate on both sides of the coin
for the inclusion and exclusion of digital devices and the attendant use of social media within the courtroom, based primarily on its accordance with the theoretical and
legal underpinnings of the open court
principle as they exist at the level of both Canadian law and
general jurisprudential theory.
Fortunately, his past report has some
general principles — suggesting,
for example, that government ensure that it have
legal authority
for decisions with particularly important consequences
for human health and the environment.
How is the
general contractual
principle that a party signing a
legal document is bound by its terms despite not having read them, to be reconciled with a requirement that a party presenting a document
for signature must take reasonable steps to bring them to the signing party» s attention?
As the Court clearly stressed in Opinion 2/13 (paras. 37 - 38) and Opinion 2/94 (paras. 34 - 35), has special significance
for the EU
legal order, due to its linkages with the sources of EU law, be it
general principles of EU law or the Charter of Fundamental Rights (e.g. Article 52 (3) CFR).
For example, it concedes, in
principle, that some questions of bias or procedure might not be questions of
general law of central importance to the
legal system but rather questions of discretion, policy or interpretation of a decision - maker's home statute to which a deferential approach should be applied.
(a) knowing
general legal principles and procedures and the substantive law and procedure
for the areas of law in which the lawyer practises,
The new code states that a lawyer should know «
general legal principles and procedures and the substantive law and procedure
for the areas in which the lawyer practises» (Rule 2.01 (1)(a)-RRB-, but does not provide the 1995 code's explanation of what that means:
In his dissent, Justice Kirby considered the interpretation of the LAA through examining
legal authority,
legal principles and
legal policy which «demand respect
for the
legal rights to property of private individuals in Australia generally, and in particular the
legal rights of Aboriginal Australians...» [68] He focused on the
general principle of common law which requires that legislation depriving individuals of established
legal rights must be clear and unambiguous: [69]
About Blog This blog is made available by the contributing lawyers or law firm publisher solely
for educational purposes to provide
general information about
general legal principles and not to provide specific
legal advice applicable to any particular circumstance.