Sentences with phrase «interpretation of a statutory provision»

The court had to decide the correct interpretation of a statutory provision, 18 U.S.C. sec. 1028A (a)(1), which states that:

And in this case ATB argued for correctness on the basis that the Commissioner's decision engages in the interpretation of statutory provisions which are outside of her specialization, and also that the interpretation of the scope of the disclosure exemption is a true question of jurisdiction.

[96] With respect to administrative decisions, such as the one at issue in Canadian Human Rights Commission, which involve an interpretation of a statutory provision, a standard close to correctness will be appropriate.

Where there is more than one permissible interpretation of a statutory provision, it is for the statutory decision - maker to choose the interpretation that would best further its policy objectives.

Also in 2011, the SCC held that a decision may imply a particular interpretation of a statutory provision, even if the decision - maker has not expressed an opinion on that provision's meaning (Alberta Teachers» Association, 2011 SCC 61).

Not exact matches

Scalia believed his job in education cases was to read and apply the text of the law, and not allow his personal views on education to come in through the backdoor via free - ranging interpretations of vague statutory and constitutional provisions.

Often in response to requests from individuals or entities, agencies will respond to requests for interpretation of particular regulatory or statutory provisions, sometimes in response to particular factual situations, and generally by letter.

Although the Court of Appeal shared the sympathies which Mr Justice McCombe had previously expressed for police officers «who have to confront day in and day out the realities of life rather than the black letter law which this court has to apply» (see Bonner v DPP [2004] EWHC 2415 (Admin), [2004] All ER (D) 74 (Oct)-RRB-, it recognised, as indeed it must, that if the law were to be changed, it was to be achieved by Parliament using the legislative process rather than by the courts according the statutory provision a «liberal» (or illiberal) interpretation.

«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.»

«The petitioners seek relief on the basis that the production provisions of s. 26 of the LPA, when considered in light of common law statutory interpretation principles and in light of provisions of the Charter, do not apply to them,» said Butler, in the ruling.

If asked why results were different from what you'd hoped for or predicted, give an honest explanation: «My interpretation of XX (point of law, precedent, statutory provision, contract term etc.) was incorrect» or «I believed that we had a reasonable chance of success, because of XX reason, and so I recommended XX course of action.

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove «Chevron Deference,» so that for disputes involving state administrative law, courts will not be required to defer to an agency's interpretation of an ambiguous statutory provision.

... In a proceeding brought by or against the regulated party, the court shall decide all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency.

Even if section 2802 could be stretched that far, it would be «trumped» anyway by the specific provisions of Government Code section 996.4 under the «specific over general» cannon of statutory interpretation.

The varying interpretations given by the courts and human rights tribunals to the statutory provisions has led to a very complicated set of cases and principles on employment and discrimination.

The Court was tasked with interpreting various statutory and regulatory provisions, each of which had been the subject of conflicting interpretations in the lower courts.

[26] The obligation of the administrative delegate is to apply the Dreidger template so as to determine whether the statutory provision is open to two or more reasonable interpretations (Dunsmuir's range of reasonable outcomes).

The established principle of law is that where a statutory provision has received an interpretation or endorsement and the same provision is repeated in a subsequent legislation, the legislature is deemed to have adopted the decision of the Court.

The House of Lords decided that clear statements made in Parliament concerning the purpose of legislation in course of enactment may be used by the court as a guide to the interpretation of ambiguous statutory provisions.

As a matter of statutory interpretation, it is presumed that the provisions of legislation are meant to work together as part of a functional whole.

This required the arbitrator to make factual findings concerning the relationship between the claimants and the insured, in accordance with the arbitrator's interpretation of the relevant insurance policy and statutory provisions.

Finally, the Board did not have expertise in statutory interpretation but rather in «complex matters of valuation of property», a point underscored by form of the statutory appeal clause: «While the Board may have familiarity with the application of the assessment provisions of the Act, the legislature has recognized that the Board's specialized expertise does not necessarily extend to general questions of law and jurisdiction» (at para. 87).

Statutory interpretation can be tough in any circumstance, but the Clean Air Act is a particularly daunting beast, with hundreds of partially overlapping and somewhat intertwined provisions and no simple organizing principles or themes.

The primary justifications provided by commenters for restricting the scope of covered individually identifiable health information under the regulation were that such an approach would reduce the complexity, burden, cost, and enforcement problems that would result from a rule that treats electronic and non-electronic records differently; would appropriately limit the rule's focus to the security risks that are inherent in electronic transmission or maintenance of individually identifiable health information; and would conform these provisions of the rule more closely with their interpretation of the HIPAA statutory language.

But by relying on the constitutional - avoidance canon of statutory interpretation, the Court of Appeals for the Ninth Circuit held that detained aliens have a statutory right to periodic bond hearings under the provisions at issue.

When examining statutory interpretation principles, the phrase, «related proceedings,» could not be interpreted to broaden the scope of the unlicensed provision of legal services.

While I still think I'm right as a conceptual matter that impossibility preemption generally turns on conduct rather than liability, the fact that it'd render the immunity provision a nullity is a problem since the question is ultimately one of statutory interpretation.

The case was decided on the basis of principles of statutory interpretation applicable where two legislative provisions conflict with one another.

The relevant objects of the Act are set out in s. 3 and are quoted above in that section of these reasons dealing with statutory interpretation under the heading «Substantive provisions of the Act».

This subsection contains a general statement of how the Tribunal is to operate but as a matter of statutory interpretation does not override the specific provisions of s 76 which, for the reasons already explained, the Tribunal regards as mandatory (see South Australian Commissioner for Prices and Consumer Affairs v Charles Moore (Aust) Limited (and others) 1997 138 CLR 449 (per Gibbs J at 462).