Sentences with phrase «judicial authority of the state»

And if it be not so exercised, the judicial authority of the state only, between its own citizens, can interpose and prevent the wrong, or repair it in damages.

When this court reverses the judgment, they overrule both the legislative and judicial authority of the state, without regard to the character or standing, political or judicial, of the individual members of either department; surely, then, it is our most solemn duty, not to found our judgment on the opinions of those who assume to decide on the validity of state laws, without any official power, sanction or responsibility.

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.

The first, thus may be considered as the military responsibility and the second the judicial responsibility of the sovereign, the state or the public authority.

There is also the small matter of persuading sponsors and the judicial authorities of both the United States and Switzerland that the «owner» of the world's most popular sport is on the right track back to economic and political sanity.

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 judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

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.

Another issue in 2014 was the Democratic governor's perceived use of his judicial nominating authority to reward political loyalty; one of his two 66 - year - old nominees was Anthony Avallone, a former 10 - year state senator from New Haven and a longtime member of the Democratic National Committee.

He argues that «under any conception of our separation of powers, I would have thought powerful and centralized authorities like today's administrative agencies would have warranted less deference from other branches, not more,» and that judicial deference has «added prodigious new powers to an already titanic administrative state.»

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.

A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

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.»

This requires a State, at a minimum, to establish the following to a Competent Judicial Authority, prior to conducting Communications Surveillance for the purposes of enforcing law, protecting national security, or gathering intelligence:

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.»

In that state, regulatory authority is spread among the various judicial departments, resulting in a Balkanized system that makes the development of regulatory initiatives more difficult.

For the less secure a judge's authority — and judicial authority was far less secure then than it is in the United States today — the greater his need to represent himself as merely an oracle of the law.

Data is relatively limited and fairly dated as to the diversity composition of various state benches; most authorities cite a report by the American Bar Association Standing Committee on Judicial Independence (first published in 2004 and updated last in 2010) or a 2009 compilation of data by the American Judicature Society.

As it did in 2012, Florida's house of representatives has proposed giving the governor greater authority over the membership of the state's judicial nominating commissions.

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.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.

In July, Barrett's office sued Nixon in state court, alleging he exceeded his authority because public defenders are part of the judicial branch.

However, if it was an issuing state, there is a chance the specified judicial or designated authority wouldn't pursue the EAW in minor offences, as it would be simply too expensive comparing to an interest of justice.

He added: «Turkey's own Constitution states that judges «shall be independent in the discharge of their duties... No organ, authority, office or individual may give orders or instructions to courts or judges related to the exercise of judicial power».

According to the principle of mutual recognition, a decision adopted by a judicial authority of a Member State (the issuing Member State), on the grounds of its internal legislation, must be recognised, accepted and executed by the executing Member States» judicial authorities, even though the same case, according to the executing Member States» law, could lead to a different outcome.

Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowlestate of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowleState have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.

HB 7455 Requires governor and nominating authorities in making appointments to judicial nominating commission «ensure that the membership of the commission reflects the racial, ethnic, and gender diversity of the state's population.»

«Legal and non - legal [Judicial and non-judicial] documents and papers relating [pertaining] to civil, commercial and administrative cases and cases of personal status required to be served or notified to [which are to be published or which are to be transmitted to] persons residing in one of the contracting states shall be sent [dispatched] directly by the authority or the competent legal office [from the judicial body or officer concerned] to the court which the person who is required to be served or notified resides in its jurisdiction area [to the court of the district in which the person to be notified resides]Judicial and non-judicial] documents and papers relating [pertaining] to civil, commercial and administrative cases and cases of personal status required to be served or notified to [which are to be published or which are to be transmitted to] persons residing in one of the contracting states shall be sent [dispatched] directly by the authority or the competent legal office [from the judicial body or officer concerned] to the court which the person who is required to be served or notified resides in its jurisdiction area [to the court of the district in which the person to be notified resides]judicial] documents and papers relating [pertaining] to civil, commercial and administrative cases and cases of personal status required to be served or notified to [which are to be published or which are to be transmitted to] persons residing in one of the contracting states shall be sent [dispatched] directly by the authority or the competent legal office [from the judicial body or officer concerned] to the court which the person who is required to be served or notified resides in its jurisdiction area [to the court of the district in which the person to be notified resides]judicial body or officer concerned] to the court which the person who is required to be served or notified resides in its jurisdiction area [to the court of the district in which the person to be notified resides]».

«The doctrine of judicial immunity affords state judges absolute immunity for past judicial acts regarding matters within their court's jurisdiction, even if their exercise of authority is flawed by the commission of grave procedural errors.»

Specifically, California Constitution Article VI, § 6 (d), which provides the authority of the Judicial Council to promulgate the Rules of Court, states that the «council shall... adopt rules for court administration, practice and procedure, and perform other functions prescribed by statute.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

If we defer to political authority, there can be none higher than the three branches of the legislative power; if to judicial authority, the highest is the solemn judgment of the members of the court, in which is vested the supreme judicial power of the state.

It is widely expected that investor - State arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly on restrictions in the relations between public and private actors.

In my judgment, the opinion of the majority of the court in that case is in conflict with its previous decisions, with a great weight of judicial authority in other slaveholding States, and with fundamental principles of private international law.

«the judicial power shall extend to all cases in law and equity arising under the Constitution, the laws of the United States, or treaties made or which shall be made under their authority; to all cases affecting ambassadors or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies, to which the United

-- closer cooperation between judicial and other competent authorities of the Member States including cooperation through the European Judicial Cooperation Unit («Eurojust»), in accordance with the provisions of Articles 31judicial and other competent authorities of the Member States including cooperation through the European Judicial Cooperation Unit («Eurojust»), in accordance with the provisions of Articles 31Judicial Cooperation Unit («Eurojust»), in accordance with the provisions of Articles 31 and 32,

The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.

[23] From time to time the ABA reasserts that the authority to regulate lawyers, if not the legal services market as a whole, not only lies with state supreme courts or the judicial branch of government, but also that it should lie there.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Article 30 Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the ContractAuthorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contractauthorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contractauthorities of the Contracting States.

Article 41 Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the ContractAuthorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contractauthorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contractauthorities of the Contracting States.

(4) Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.