Sentences with phrase «interpreted by the high court»

The NSW government has said that it relies on the definition of native title as set down in s223 Native Title Act 1993 (Cth) and as interpreted by the High Court.

Not exact matches

«In this application, if one carefully considers the reliefs sought by the first interested party at the high court, it becomes abundantly clear that the court was never called upon to interpret article 94 (1)(a) of the constitution.

The McKenzie ruling was interpreted by the SFO as a «landmark High Court ruling», but in reality, the Divisional Court did no more than uphold the status quo, confirming the legality of the SFO's existing procedures for isolating material potentially subject to LPP, for the purpose of making it available to an independent lawyer for review.

Discussing the issues, personalities, and politics which have shaped Ontario's highest court, The Court of Appeal for Ontario offers appreciations of key figures in Canada's legal and political history — including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson — and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred ycourt, The Court of Appeal for Ontario offers appreciations of key figures in Canada's legal and political history — including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson — and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred yCourt of Appeal for Ontario offers appreciations of key figures in Canada's legal and political history — including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson — and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred years.

The majority decision of the justice of the United Kingdom Supreme Court may be set to become the «final statement» on the presence of EU law in the UK constitutional order in both senses of the word: the Miller case may well prove to be chronologically the final time that the UK's highest court is called upon to interpret the nature of EU law before the United Kingdom's putative withdrawal from the European Union; in the other sense of the word, the dicta in the case may serve to be the final and definitive statement in an ongoing 40 year constitutional saga initiated by the United Kingdom's accession to the European Union's predecessor in Court may be set to become the «final statement» on the presence of EU law in the UK constitutional order in both senses of the word: the Miller case may well prove to be chronologically the final time that the UK's highest court is called upon to interpret the nature of EU law before the United Kingdom's putative withdrawal from the European Union; in the other sense of the word, the dicta in the case may serve to be the final and definitive statement in an ongoing 40 year constitutional saga initiated by the United Kingdom's accession to the European Union's predecessor in court is called upon to interpret the nature of EU law before the United Kingdom's putative withdrawal from the European Union; in the other sense of the word, the dicta in the case may serve to be the final and definitive statement in an ongoing 40 year constitutional saga initiated by the United Kingdom's accession to the European Union's predecessor in 1973.

The Irish High Court was also of the opinion that it would be difficult for US practices to satisfy the requirements of Articles 7 and 8 of the EU Charter of fundamental rights, as interpreted by the CJEU in Digital Rights Ireland.

Lower courts are bound by the rulings of higher courts as the interpret the law.

It is important to note that the definition of «investment» and the conceptual difficulties experienced by the High Court in interpreting this provision turned on the particular language of the SADC Treaty and may not be commonly encountered.

Whilst taking a slightly different route to get there, the Court of Appeal agreed that the High Court had jurisdiction to make blocking orders under section 37 (1) of the Senior Courts Act, as interpreted in light of Article 11 of the Enforcement Directive (which provides that member states shall ensure that rights holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right).

This argument was dealt with swiftly by the Supreme Court, which had «no hesitation in agreeing» with both the High Court and the Court of Appeal that the reference to Consolidated CT1 Capital in the CDE Definition should be interpreted as a reference to that type of capital or «its then regulatory equivalent».

Although the autonomous concept of «home» has been liberally interpreted by the European Court of Human Rights («ECtHR»), it is interesting to note that such a high - security setting, which deprives people of their liberty and imposes medical treatment for mental disorder, could be regarded as «the place... where private and family life develops» (Gomez v Spain (2005) 41 EHRR 40 at para 53).

If the answer to question 2 positive: 3 Prevents European Union law by the national court, the highest court of the state in the area of administrative justice, against whose decisions are not permissible remedies, was in accordance ¡ svnitrostátním law bound in law brought by the Constitutional Court of the Czech Republic, where it appears that such assessments are Acting in accordance with Union law, as interpreted by the Court of Justice of the European Ucourt, the highest court of the state in the area of administrative justice, against whose decisions are not permissible remedies, was in accordance ¡ svnitrostátním law bound in law brought by the Constitutional Court of the Czech Republic, where it appears that such assessments are Acting in accordance with Union law, as interpreted by the Court of Justice of the European Ucourt of the state in the area of administrative justice, against whose decisions are not permissible remedies, was in accordance ¡ svnitrostátním law bound in law brought by the Constitutional Court of the Czech Republic, where it appears that such assessments are Acting in accordance with Union law, as interpreted by the Court of Justice of the European UCourt of the Czech Republic, where it appears that such assessments are Acting in accordance with Union law, as interpreted by the Court of Justice of the European UCourt of Justice of the European Union?