Sentences with phrase «judicial authority of the courts»

But, before we proceed to examine this part of the case, it may be proper to notice an objection taken to the judicial authority of this court to decide it, and it has been said that, as this court has decided against the jurisdiction of the Circuit Court on the plea in abatement, it has no right to examine any question presented by the exception, and that anything it may say upon that part of the case will be extrajudicial, and mere obiter dicta.

It does not invalidate the lawmaking authority of the Congress, the judicial authority of the courts, the executive power of the President, the status of the Constitution as its final and highest source of law, or its nature as a sovereign government.

Not exact matches

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

In such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judge.

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.

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).

The ruling in the Illinois Appellate Court First Judicial District upheld a lower court's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documCourt First Judicial District upheld a lower court's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documcourt's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documcourt documents.

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforcourt had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforCourt of Appeal determined the fresh motion for stay before it.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

They did it on judicial review, in which Grayling made up all sorts of nonsense to justify an attack on citizens» rights to challenge authorities in the courts.

With the early and unexpected departure of yet another top judge, Gov. Cuomo will soon be making his fifth and sixth appointments to the seven - member Court of Appeals, the state's highest judicial authority.

The new coalition points to a number of potential changes to the constitution that they would like to see, including the creation of a public financing system for campaigns, election reforms like same - day registration, court reforms to make it easier to navigate the judicial system and the ability for local municipalities to exercise greater control over issues they traditionally need state authority to manage.

Citing judicial authorities, Adedipe contended that the suit was an abuse of court processes, contending that the court had no jurisdiction to make an order against someone who was not a party in a suit filed before the court.

«Up till today, that Appeal Court judgment of October 10, 2010, that made Fayemi governor is not being cited as authority in any election matter and with Obasanjo's reference to Salamigate as terminology for judicial manipulation, it should be clear to Fayemi himself that he became governor by judicial fraud.

Citing judicial authorities, Adedipe contended that the suit was an abuse of court process as the court had no Jurisdiction to make an order against one who is not a party in a suit filed before the court.

Writing for a unanimous court, Chief Justice Warren Burger explained that the case involved the limits of judicial authority, and he sought to distinguish the scope of judicial authority from the authority of school officials.

Presenting essays written by authorities in the fields of education, political science, and law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened judicial involvement for schools...

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

The N.C. Court of Appeals stepped into a legal fight this week, and will be the most recent judicial authority to decide if the Wall Street - traded online education company K12, Inc. can tap into North Carolina's public education market.

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the cCourt of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the ccourt's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the courtcourt.

Word of Stone's aggressive noise cancellation tactics eventually reached Maryland's Commission on Judicial Disabilities, however, and last week the judge agreed to a five - day unpaid suspension after acknowledging that he had exceeded his authority by sentencing people for contempt without allowing them to defend themselves in court.

Admittedly, the approach taken by the Court can be challenging for judicial authorities throughout the EU: the burden of proof that the person has had the full period to launch an objection would rest on the competent authorities and that burden may be a heavy one.

The parties also irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.»

And although the Diocesan Bishop controls respondent Monastery of St. Sava and is the principal officer of respondent property - holding corporations, the civil courts must accept that consequence as the incidental effect of an ecclesiastical determination that is not subject to judicial abrogation, having been reached by the final church judicatory in which authority to make the decision resides.

[Footnote 1] We granted certiorari to determine whether the actions of the Illinois Supreme Court constituted improper judicial interference with decisions of the highest authorities of a hierarchical church in violation of the First and Fourteenth Amendments.

The highest judicial authority of international law is the International Court of Justice and the administrative authority is the United Nations.

The lawfulness or scope of a notice or subpoena from a law enforcement authority may be challenged in the Irish courts through judicial review proceedings, unless it is possible to reach a compromise with the law enforcement agency on the scope of the notice.

[30] The criminal justice system is very decentralized in one aspect — trial courts are based in each inhabited island, and there is no «single central judicial authority» to regulate the application of law or judicial conduct.

On the bright side, the Court safeguards the right to effective remedies of irregular migrants against procedural abuses by the administrative and judicial authorities in three respects.

There is a bit of judicial authority that information on an «official» web site is more readily admissible in court than information would be from a private site.

Moreover, the Court makes clear that the judicial authority has the possibility not only to refuse to extend the detention period, but also to substitute detention with a less coercive measure or to order the release of the irregular migrants.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

In a judicial review application filed to the Federal Court of Canada in March but that has just come to light, Girouard, who denies drug the allegations, argues, «Only a provincial authority has the ability to investigate and make a finding on the conduct of a lawyer.»

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 means.

An application for judicial review was filed Sept. 1 with the Divisional Court of the Ontario Superior Court on behalf of all members of the Anishinaabe Nation in Treaty 3 against the Ontario minister of Energy and the Ontario Power Authority.

The Luxembourg Court could outline in obiter dicta that, if the question of revocation is directly on point in the future, then it is a question for the national judicial authority to decide.

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.

The Court of Appeal held — on a more or less technical judicial review basis — that the decision not to call J was within the local authority's discretion and could not be set aside by judicial review.

Article 7 (2) of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».

The Crown Prosecution Service acting for the Judicial Authority of Hasselt, Belgium, appealed the decision to the Administrative Court however in those proceedings the original decision to stay the extradition was upheld.

According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).

Based on that authority the Oklahoma Supreme Court created the Code of Judicial Conduct.

However, he held that the execution should not go beyond the DIFC jurisdiction, as Article 7 (2) of the Judicial Authority Law only allowed judgments, decisions and orders rendered by the DIFC Courts to be referred for execution.

R. v. Zentner (R.) 2012 ABCA 332 Courts — Stare decisis — Authority of judicial decisions — General principles — Authority and use of precedents — General The accused funeral director defrauded families and the Province of $ 4,999 over 10 years.

The difficulties caused to AE by not disclosing the closed material were in the words of the Strasbourg court «sufficiently counterbalanced by the procedures followed by the judicial authorities» and that was the way in which the special advocate procedure had worked in the instant case.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

This seventh and final installment looks at efforts to change state constitutional grants of rulemaking authority to courts of last resort, typically called the «supreme court», or judicial councils.

Civil Nuclear Police Federation v Civil Nuclear Police Authority (Admin Court)[2016] EWHC 2186 (Admin) John acted for the CNPA in a judicial review concerning the retirement age of officers in the Civil Nuclear Constabulary.