At the time he became a Board member of the trust, he had retired from office and had
no judicial control over the operation of the Trust.
The combination of these have operated to expand
judicial control over areas of state power that were hitherto secret: for example, decisions on the expulsion of non-citizens, the operation of the secret services and some of the activities of the armed forces even when they are abroad.
However, the substantive / procedural divide exists as
a judicial control over attempts to assert legal rights where they do not exist.
Judicial control over the matters [of] assignment of judges, sittings of the court, and court lists — as well as the related matters of allocation of court rooms and direction of the administrative staff engaged in carrying out these functions, has generally been considered the essential or minimum requirement for institutional or «collective» independence.»
Traditionally, there was very little
judicial control over a case at its early stages.
Not surprisingly then, sacrificing participants» right to dignity and privacy in the justice process for the illusion of transparency, coupled with a significant loss of
judicial control over how and what information is disseminated online, eventually risks fostering a disinclination to participate in the justice process.
Not exact matches
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.
The county democratic party hardly focuses on
judicial races and
judicial candidates seldom reach out to local clubs for endorsements; however, I have elected to include their ratio in this piece because courts have the ability to deeply impact anyone who is involved in the justice system, and people in a lower socio - economic class are likely to have less
control over and support with their legal matters.
The three
judicial laws recently passed by the National Assembly, after seven minutes of debate, will compromise the independence of the judiciary by providing the executive branch of government, via the Ministry of Justice, with
control over the courts» finances, personnel and general administration.
The trial and appellate courts had held that the Lobato was not appropriate for
judicial resolution, since Colorado's constitution clearly commits
control over the issue to the legislature, and because there are no judicially manageable standards that the courts could apply.
An interesting recommendation is to plan for and offer to the
judicial officer a separate video feed of the entire room, thereby enabling the
judicial officer to exert real
control over the remote location.
During her time in
judicial office Judge Macken presided
over or was a member of the formation in many seminal cases involving a wide range of legal issue, at European and national level, including in the areas of the environment (waste, water, special areas of conservation), free movement, intellectual property, regulatory
control, telecommunications, privacy and data protection, the European Arrest Warrant, and in a broad range of constitutional and EU Treaty matters.
83 The inherent jurisdiction of a superior court to stay proceedings as a measure of
control over the
judicial process was affirmed in R. v. Jewitt, [1985] 2 S.C.R. 128 (S.C.C.).
(1) the inability to set rates of compensation «would unduly weaken the courts» appointment power and ability to name an amicus of their choosing» (para 123); (2) «the integrity of the
judicial process would be imperilled» and should not be dependent upon the Crown (para 124); and (3) «the Attorney General's unilateral
control over the remuneration of amici curiae might create an appearance of bias and place amici themselves in an unavoidable conflict of interest» (para 125).
The Chair of the Oklahoma Senate Judiciary Committee has introduced a pair of bills last week that would effectively put
control over the Code of
Judicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislatur
Judicial Conduct into the hands of the legislature, remove references to
judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislatur
judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislature first.
The Chief's Office, through the MOU, assumed
control over budgets for the administration of the Office of the Chief Judge, the Regional Senior Judges, the Co-ordinator of the Justices of the Peace, and the
judicial support budgets for the Provincial bench and all Justices of the Peace.
In my view, this endorsement by the GC comes to strengthen the Commission's
control over its own docket and case load, while still guaranteeing effective
judicial review for aggrieved parties (ie complainants) in a sufficient degree.
She declined to weigh in on whether corporations have too much
control over the Internet, how she defines «
judicial activism,» and whether there are any limits on Congress» power to protect voting rights.
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 unacknowledged.
And now, with Democrats potentially gaining
control over the
judicial branch for the first time in a generation, the pendulum swings again: progressives are urged to abandon our «defensive crouch» and reassert a muscular left constitutionalism.
The Georgia legislature's attempt to take
control over the membership of the
Judicial Qualifications Commission was approved with 62 % of the vote.
Largely because of the administrative and financial
control that the Court had
over its resources (under its MOU with the Attorney General), the Ontario Court of Justice has been able
over the years to leverage its expertise in
judicial education to benefit not only the NJI but also judges and courts across Canada.
The key to the involvement of the National
Judicial Institute was that the Court and its judges retained
control over education and programming, while the NJI served in a significant advisory capacity.
In a repeat of efforts first started in 2014, legislators pressed to give more
control to the governor and legislature
over the state's
Judicial Council which serves as the judicial nominating commission for th
Judicial Council which serves as the
judicial nominating commission for th
judicial nominating commission for the state.
Unlike laws allowing legislatures to override court rules or giving politicians more
control over judicial selection, recusal rules govern the ethics of judges, and they are only necessary in states in which the high courts have failed to respond adequately to the swelling tide of campaign cash.
(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the
judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral
control by the Attorney General
over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).
But then says: ``... we do not accept the Supreme Court's redefinition of marriage and we urge its reversal, whether through
judicial reconsideration or a constitutional amendment returning
control over marriage to the states.
The ultimate agreement and outcome of the case was one that in fact mirrored reality, allowing each individual to have
control of his or her future —
control that was never handed
over to the impersonal
judicial system.