Sentences with phrase «guiding judicial interpretation»

I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and guiding judicial interpretation of provisions during a public emergency on the other.

Not exact matches

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).

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.

The SPC highlighted that in the past five years it had issued 119 judicial interpretations (some of which have been discussed on this blog, many translated by Chinalawtranslate.com) and issued 80 guiding cases (link to cases and analysis)(as Jeremy Daum has written, and Mark Cohen has also noted, the statistics show they are not often used by the courts), but did not release numbers on the other types of documents it had issued (this blog has discussed some of them) or the number of model cases or other cases issued by SPC divisions (this blog has recently focused on ones issued by the criminal divisions).

Article 37 incorporates into law previous SPC regulations on judicial interpretations and guiding cases, specifying that they must be approved by the SPC judicial committee;