Sentences with phrase «in judicial interpretation»

In particular, I assess developments in the judicial interpretation of procedural provisions in the NTA.

Although President Zhou Qiang and Executive Vice President Shen Deyong speak of the benefits of judicial transparency, it seems the benefits of public participation in judicial interpretation drafting / rule - making have yet to be fully realized.

Like Fang, many of them who were involved in judicial interpretation drafting when working at SPC headquarters continue to provide input to the work of their colleagues at SPC headquarters and are pulled into other research and writing projects.

However, it is in the consideration of the community sense of how legal constructions are perceived, which seems to be now recognized as a legitimate reference point in judicial interpretation.

The Tribunal found that the interpretive process adopted by the Court under the doctrine «falls well within the scope of duties that courts are asked to perform every day», and that «inconsistency in judicial interpretation at this limited scale is to be expected.»

Not exact matches

This summary is based on the Code, U.S. Treasury Regulations promulgated thereunder, rulings and other administrative pronouncements issued by the IRS, and judicial decisions, all as in effect on the date of this information statement, and all of which are subject to differing interpretation and change at any time, possibly with retroactive effect.

The discussion below is based on the Code, Treasury Regulations promulgated under the Code and judicial and administrative interpretations of the Code, all as in effect on the date of this prospectus and all of which are subject to change either prospectively or retroactively.

Whether one views constitutional interpretation as grounded in a theory of original meaning or the traditional liberal theory of judicial restraint and neutral principles, the distinctive nature of this approach is that it is legal in nature.

He criticizes textualism (a mode of judicial interpretation) by citing the author's attempt to «show how lawmakers are engaged in the creative work of ensuring that natural law... is given effect in our human living.»

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Patrick Brennan replies: Upon reading Joseph Viviano's charges against me, I had to ask myself: Who is this Brennan that «proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on preferences?»

And second — and consequently — in practice the interpretation and application of the law become a function of whatever happens to suit the tastes of those who determine cultural values and wield judicial power.

Two centuries of judicial interpretation of the United States Constitution have demonstrated that when the Supreme Court veers off course in a particular case or series of cases, continued constitutional litigation over the issue involved serves to correct their heading.

The idea of judicial supremacy — or the idea that the supremacy of the Constitution entails judicial supremacy in constitutional interpretation — has come to be so widely held not only in the legal profession but also by the public at large that today it seems unremarkable.

It was that the decision threatened to undermine the basic principles of republican government precisely by establishing judicial supremacy in matters of constitutional interpretation.

In Jefferson's letter of September 28, 1820 to William C. Jarvis, from which I quoted earlier his line about judicial «despotism,» he explained his opposition to judicial supremacy in constitutional interpretation as followIn Jefferson's letter of September 28, 1820 to William C. Jarvis, from which I quoted earlier his line about judicial «despotism,» he explained his opposition to judicial supremacy in constitutional interpretation as followin constitutional interpretation as follows:

In this new regime, judicial interpretation rules the text, according to the Court's perception of the common good and the changing needs of the polity.

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.

Many may argue that a lack of judicial review and an elastic interpretation of imminence are necessary in the murky world of counter-terrorism, where democratic governments need to fight ruthless enemies without one hand tied behind their back.

A complex matrix of specific statutory language and judicial interpretations emerged out of the maelstrom of political activism over the issue that started in the late 1970s.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

(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.

Each project questions the formalist and invariable interpretations of the Qu» ran prevalent in the Saudi judicial systems that sit opposed to more liberal undercurrents within contemporary Saudi society.

One of the other pillars of tort reform in this province — the Minor Injury Cap — has already been severely weakened by judicial interpretation in Sparrohawk v. Zapoltinsky, 2012 ABQB 34 (Q.B).

Such a decision is ostensibly justifiable on the basis of the identified «penumbra of uncertainty» in the interpretation of the positive law provisions of Article 8 TEU, Article 20 TFEU and Article 50 TEU, and the conception of EU citizenship that has been constructed in the judicial pronouncements upon these legal sources.

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.

Thus, while it can not ground a claim by a patient with a rare disease in Canadian courts, it does form part of the background in which judicial interpretation of domestic legislation in, say, an administrative or Charter case, occurs.

One of the first American judges to void a law deemed unconstitutional, Wythe's judicial opinions attempted to steer Virginia away from slavery, and in one case he even tried to abolish slavery via judicial interpretation.»

See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).

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.

With respect to judicial interpretation, therefore, while the national legal traditions on which the articles and rules in question are modeled can provide some guidance, over-reliance on a narrow inquiry can lead to the perpetuation of the default position, according to which, as Byrne («The new public international lawyer and the hidden art of international criminal trial practice», 25 Connecticut Journal of Int» l Law (2005) 243) notes, some international judges «interpret legal norms through the lexicons of their respective traditions», rather than through a truly sui generis prism.

Does the practice of deferring to agency interpretations of statutes comport with Article VII, Section 2 of the Wisconsin Constitution, which vests the judicial power in the unified court system?

By the year 1897 the constitutional law was settled in Canada based upon the interpretation in the Judicial Committee of the Privy Council of section 109 of the Constitution Act, 1867.

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).

I identify, among a host of examples, the way in which Professor Zander handles the quality and length of modern legislation and the process by which it comes to be enacted in the form which it finally takes: the admissibility in argument involving statutory interpretation of reference to Hansard and the Parliamentary debates: the personal element in judicial law - making, and the «so called» rules of statutory interpretation: and diversity on the judicial bench.

Exercising the profession as a Supreme Court lawyer gives me the opportunity to confront with the highest judicial body, entrusted with the role of guaranteeing uniformity at national level in the interpretation and application of the rules that form the Italian legal system.

«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»

If the United Kingdom, having already triggered Article 50 TEU, make a unilateral attempt to revoke this notice, and this exercise of prerogative power were submitted to judicial review before the UK courts, then a substantive interpretation of EU law would be necessary to determine the question in the case.

In reaching its decision to uphold the warrant, the majority of the Court apparently relied on the principle that permits recourse, as an aid to interpretation, to subsequent practice in the application of a treaty: if countries had subsequently interpreted «judicial authority» to include a prosecutor, that must be what the treaty meanIn reaching its decision to uphold the warrant, the majority of the Court apparently relied on the principle that permits recourse, as an aid to interpretation, to subsequent practice in the application of a treaty: if countries had subsequently interpreted «judicial authority» to include a prosecutor, that must be what the treaty meanin the application of a treaty: if countries had subsequently interpreted «judicial authority» to include a prosecutor, that must be what the treaty means.

Going against popular opinion with respect to judicial interpretation of solicitation, it argued that the contradictory and often self - defeating nature of the various Criminal Code sections relating to prostitution was at the root of the high levels of street prostitution in Canada; despite the fact that prostitution is legal, the prostitution laws control when and where it can take place — essentially leaving only the street.

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.

The concern arising from this decision does not only apply to contracts which are governed by Ontario law, but to any contract which is the subject of judicial interpretation in Ontario.

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.»

The court accepted that the notion of substantive proceedings may have to be given a liberal interpretation to ensure international judicial co-operation, but, on any view, however liberal, the New York proceedings were directed solely at assets in New York, and proceedings in England directed at assets in England can not be ancillary to such New York proceedings; they are parallel.

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.

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law, disputes which may concern the application or interpretation of EU law.»

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.

agree to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law (see, to that effect, judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C ‑ 64 / 16, EU: C: 2018:117, paragraph 34), disputes which may concern the application or interpretation of EU law.