Professor Elizabeth Judge explains in «Precedent and the Individual Opinion: Judges Judging Judgments and the Creation of the Law Canon», the act of «authorizing precedent... deflect [s] attention away from
the judicial acts of authoring the individual opinion».
For exactly this reason, Advocate General Léger rightly advised in his opinion in the Baustahlgewebe case that the jurisdiction of the General Court must be understood «as not extending to actions for compensation relating to
judicial acts of that Court itself» (para 70).
In Twining v. New Jersey, 211 U. S. 78, 211 U. S. 90 - 91 (1908), the Court said: «
The judicial act of the highest court of the State, in authoritatively construing and enforcing its laws, is the act of the State.»
Not exact matches
Emails obtained by
Judicial Watch from the State Department through a Freedom
of Information
Act lawsuit show that MacManus forwarded the news
of Ambassador Christopher Stevens's death to the official in the State Department Legislative Affairs Office with instructions not to «forward to anyone at this point.»
Before releasing the emails, the State Department will go through and review to find which emails are specifically work - related and make sure no releases would be duplicates from those released in response to
Judicial Watch's Freedom
of Information
Act request.
For still others, it will mean working in the educational, legal, and political realms to reverse the
judicial decisions and legislative and executive
acts that have ushered in the «culture
of death.»
The «Defense
of Marriage
Act» is on the
judicial ropes.
The Civil Rights
Act of 1964 and subsequent legislation, executive policy, and
judicial expansion mobilized the power
of the state to effectively crush racist practices, especially in the South.
The correlation
of judgment with judgment,
of criteriology with trial, only expresses, in
judicial terms, the relation
of two
acts: the
act of a self - consciousness which divests (se depouille) itself and tries to understand itself, the
act of testifying by which the absolute is revealed in its signs and its works.
Twenty - five years ago, on January 22, 1973, the Supreme Court
of the United States, in what numerous constitutional scholars have called an
act of raw
judicial power, abolished the abortion laws
of all fifty states.
The importance
of the second and third issues is obvious for decisions about a written constitution, which later was interpreted as involving
judicial review
of acts of Congress, and for a federal union
of states having partial autonomy under a national government.
But as Pete noticed, the president actually went further, suggesting that
judicial review
of the substance
of acts of Congress is unconstitutional.
The secular tendency to see naming either as a diagnostic procedure or a
judicial investigation
acts like a vacuum, removing the thick layers
of human interconnectedness.
Whatever Marbury was supposed to mean about the scope
of the power
of judicial review, it is a notable fact that the Court declined to exercise that power to declare another
act of Congress to be unconstitutional until 1857, when it ruled in the case
of Dred Scott v. Sandford.
According to the standard account
of the matter, the power
of judicial review — that is, the authority
of the federal judiciary to invalidate
acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise,
of the Supreme Court's ruling in the 1803 case
of Marbury v. Madison.
By advancing and
acting upon his understanding
of the power
of courts, says Bork, «Barak surely establishes a worldrecord for
judicial hubris.»
«The proposition
of law is one which, I think, has been accepted by the highest
judicial authority, and
acted upon for a great number
of years.
Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes
of suppliers... are predisposed to suffering from a special disadvantage...»; misuse
of market power (legal framework must «level the balance
of market power in negotiations...», «ensure transparency in the transmission
of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency
of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the
judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits
of Sugar Industry
Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf
of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case
of natural monopolies - suggest remove «application
of competitive neutrality provisions to natural monopoly essential services»)
We are happy to report in response to a lawsuit filed against the Commonwealth's regulatory use
of priority habitat screening to protect endangered species, the Massachusetts Supreme
Judicial Court has ruled unanimously to affirm the state's authority under the Massachusetts Endangered Species
Act (MESA).
For Rule 7
of the Code
of Conduct provides that «Where a Judge commits a breach
of any rule
of this Code he shall be sanctioned with reference to the gravity
of the
act or omission constituting the breach in accordance with the
Judicial Service Regulations.»
Soon after the new IPAct was introduced, Liberty, a British organisation concerned with human rights protection, requested a
judicial review to the High Court.Liberty argued that some powers protected by the
Act such as the interception
of communication, acquisition
of communication history and the creation
of bulk personal datasets breached the public's rights.
«We will continue to use every
judicial, legislative and political means at our disposal to repeal the SAFE
Act or, at a minimum, remove its offensive provisions from the laws
of New York.»
A former aide to Hillary ClintonHillary Diane Rodham ClintonTrump Jr. met with Gulf adviser who offered help to win election: report Voters Dems need aren't impressed by anti-waterboarding showboating After year
of investigation, Trump can rightly claim some vindication MORE criticized Sen. Kirsten GillibrandKirsten Elizabeth GillibrandOvernight Health Care — Sponsored by PCMA — Trump hits federally funded clinics with new abortion restrictions Dem senators ask drug companies to list prices in ads Gillibrand to publish children's book about suffragists MORE on Thursday after the New York Democrat became the first
of many senators to join a successful push to force the resignation
of Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE (D - Minn.).
One
of the counts reads: «That you, Kayode Odukoya, on or about the 21st day
of March, 2013 in Lagos within the Lagos
Judicial Division knowingly forged the Memorandum
of Loss
of Lagos State Certificate
of Occupancy Registered as No. 33 at page 33 in Volume 1011 at the Lagos State Registry, Alausa, Ikeja in respect
of property being and situated at No. 29 Oduduwa Street, Ikeja GRA Lagos State with intent that the document may in any way be used or
acted on as genuine to the prejudice
of another.»
Dissenting justice campaigners, legal aid lawyers and those who've witnessed the rot setting in (from swingeing legal aid cuts, curbs to
judicial review, an interpreting service in freefall, probation chaos and threats to withdraw Britain from the Human Rights
Act) will be highlighting the urgent need to halt the destruction
of our justice system and abide by the principles
of the medieval charter.
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.
More recently, Parliament promised in the European Union
Act 2011 to hold a referendum on any law that increased the competencies
of the EU and put in place mechanics for holding itself accountable through
judicial review.
The revised bill reinforces the primacy
of the Commons by accepting proposals from Lord Goldsmith and Lord Pannick to put a reference to the Parliament
Act on the face
of the bill, coupled with legal advice that asserts a statutory Parliament
Act does not make the relationship between the two houses subject to
judicial interference.
Similarly, the
Act does not work any
judicial usurpation
of properly executive functions.
Once he admits to being a covert unlawful Government agent, I have discharged my burden that he has always been one and the onus does not lie on me to prove that in the particular case
of the
judicial corruption undercover operations he was not
acting as an agent for the Government in spite
of foot notes 16 and 17
of my article on
judicial and political corruption.
NEW YORK, N.Y. — Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE (D - Minn.)
Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE's (D - Minn.)
The charge against him read in part, «That you, Robert Obuoha, on or about the 12th day
of February, 2016 in Port Harcourt at the Port Harcourt
Judicial Division did corruptly give N150, 000 only to Mr. Ishaq Salihu, a public officer and Zonal Head
of Operations, Economic and Financial Crimes Commission, South - South Zone, for the purpose
of recharge cards and with a view to influencing his decision in a case wherein you are being investigated and thereby committed an offence, official corruption, contrary to Section 13 (1)(a)
of the Corrupt Practices and Other Related Offences
Act, 2003 and punishable under section 13 (1)
of the same
Act.»
Both Republican and Democratic politicians, including Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE (D - Minn.)
He said despite his escape
of series
of assassination attempt and arrest over his hue and cry on the maladministration in K ogi, he was detained and charged to court by the State Government and yet wanted to take his life, an
act which he considered as prejudicial and extra
judicial
This week, Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE (D - Minn.)
And I think that any prudent President, and so far we've had prudent presidents, will
act on the advise
of the
Judicial Council,» he said.
Related: Why has the Supreme Court
of the United States not used its power
of judicial review to audit constitutionally - questionable laws like the Patriot
Act?
In 1999, Breslin was appointed as supervising judge
of criminal courts in the Third
Judicial District, as well as an
acting Supreme Court justice.
If the government does not take account
of the transport committee's findings, it is in danger
of creating a
judicial system where a single person attempts to fight a team
of professional lawyers
acting on behalf
of an insurance company; a David v Goliath scenario.
In their judgement (http://www.austlii.edu.au/au/cases/cth/HCA/2013/20.html) they say that the law does not «create a duty» to disclose these changes in circumstance effective 2000, and then apparently decline to address «is section 66A
of the Administration
Act invalid, insofar as it has retrospective effect, because it infringes the separation
of judicial and legislative powers mandated by the Constitution?»
In an open letter to senators, NYCF says Grisanti isn't worthy
of a
judicial post offered as a «reward» by Cuomo when the former senior's «most significant
act was breaking a campaign promise made to his constituents.»
Onnoghen, who had served in
acting capacity for four months, had his appointment confirmed by the Bukola Saraki - led Senate after series
of questions which bordered on independence
of the judiciary,
judicial reforms, corruption in the Judiciary as well as disobedience
of Court orders.
The
acting Chairman
of the Economic and Financial Crimes Commission, Ibrahim Magu, on Friday slammed prison and
judicial officers for the controversial release
of convicted ex-Governor
of Adamawa State, Bala Ngilari.
I admire his stance against the Patriot
Act, as well as his efforts on campaign finance reform and against torture and indefinite detentions
of terror suspects without any mechanism for
judicial review.
Gillibrand, who was among the first to call for former Sen. Al FrankenAlan (Al) Stuart Franken100 days after House passage, Gillibrand calls on Senate to
act on sexual harassment reform Eric Schneiderman and #MeToo pose challenges for both parties Senate confirms Trump
judicial pick over objections
of home - state senator MORE (D - Minn.)
According to the statement, they were investigated by a Committee set up by the
Judicial Secretary in accordance with Regulation 27 (2)
of the
Judicial Service Regulations, 1963 (L.I. 319) and have subsequently been dismissed pursuant to section 17
of the
Judicial Service
Act, 1960 (C.A. 10).
In its
judicial review application to the high court, Unison argued that the failure to properly consult breaches the partnership agreement between the Department
of Health (DoH), the NHS constitution and section 242
of the NHS
Act.
«That you, Bala A. Mohammed, while being the Minister
of the Federal Capital Territory, Abuja, sometime in 2014 in Abuja within the
Judicial Division
of the High Court
of the Federal Capital Territory did accept gratification
of a house worth N550, 000,000 (Five Hundred and Fifty Million Naira) only situated at No. 2599 & 2600 Cadastral Zone A04 Asokoro District, Abuja from Aso Savings & Loans Plc as reward for performing your official duties and you thereby committed an offence contrary to Section 18 (b)
of the Independent Corrupt Practices and Other Related Offences
Act 2000 and punishable under Section 18 (d)
of the same
Act.»
For the avoidance
of doubt, the Administration
of Ogbeni Rauf Adesoji Aregbesola is a respecter
of the Judiciary and as such would not do anything to undermine the
judicial process in any way or shy away from defending the
acts of Government at any point it is called upon to do so.