Sentences with phrase «judicial independence»

Both courts and scholars often emphasize the role of judicial independence in constitutional litigation, where the rights of citizens or the powers of governments are at stake.

But the ability of judges to protect individual rights — even if the legislature or a majority of voters disagree — depends on judicial independence.

The majority holds that «concern for judicial independence» is a reason for «judges to use their inherent jurisdiction to enter the field of political matters» (para 41).

The BC government will likely have to be more sensitive to concerns about judicial independence and engage the judiciary in more constructive dialogue if its reforms are to be successful.

Well, one obvious reason not to might be to avoid compromising judicial independence by having law firms pay the salaries of court staff.

Will the partnership guarantee judicial independence, both generally and in relation to each individual case?

The importance of judicial independence from politics is most evident in difficult cases, the kind that are politically charged.

How can it be that the presence and the absence of dissent both enhance judicial independence?

It continues to earn the respect of both federal and provincial governments by actively participating in law reform, issues regarding judicial independence of the courts, and through timely and relevant education initiatives.

Again, why is judicial independence sufficient to warrant judicial activism while general concerns with respect to ensuring access to justice is not?

One of the aims of this reform was greater judicial independence.

The sentiments may come from good intentions, but the bill is a dangerous intrusion into judicial independence.

And with profession independence on it's last legs we arguably need judicial independence even more.

Public acceptance of judicial independence depends on the judiciary's ability to meet and maintain high ethical standards.

He said professional ethical journalism is an indispensable tool for judicial independence and accountability.

We hope the legislature will slow down just a bit and consider the long term effect some of these provisions may have on judicial independence.

Initially, the tensions created led to concerns that certain municipalities were not fully aware of the principle of judicial independence.

He added he was being sarcastic when he made the comments about judicial independence.

How does an executive's ability to make this decision not compromise judicial independence?

«We need to explore how we can provide for informed debate on the issues, without applying pressure on judges in terms of individual decisions or by undermining judicial independence in any way,» he added.

How safe is the framework of separation of powers and the critical concepts it protects, such as judicial independence, if so much of the citizenry does not even know the system exists — or what its role is?

The dynamic risks undermining judicial independence.

In some countries, notably in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independence.

In the final paragraph, EPLAW therefore «urges the Council to use this opportunity to propose an amendment to Article 11 EPC and in any event to critically review the Guidelines for Investigation [the basis on which the suspension happened] so as to avoid any further concern with respect to the principle of judicial independence at the EPO.»

Home Daily News Fees and fines threaten judicial independence Defending Justice By Matthew Menendez Posted April 19, 2018, 7:00 am CDT Matthew Menendez For more than a decade, state court systems have been chronically underfunded.

(1) The TLABC submitted that the hearing fees wrongly impede access to justice, wrongly sell justice, and wrongly impede access to a superior court in violation of s. 96 of the Constitution Act, 1867 thereby interfering with judicial independence.

Thanks to the IPKat blog I've become aware of an official response by the UK Government to a member of parliament (liberal democrat Dr. Julian Huppert, from Cambridge) who asked a question about what measures would be taken to ensure judicial independence at the EPO.

The United States notes with concern that the Parliament of Romania is considering legislation that could undermine the fight against corruption and weaken judicial independence in Romania.

This approach of judge - led and judging - focused education recognizes two important dimensions of judicial education: the need to ensure that programs are relevant and responsive to judicial experience, and the need to preserve judicial independence.

The law provides for an independent judiciary, and the government generally respected judicial independence.

DiFiore has close ties to Cuomo, and Republican senators asked her if she would demonstrate judicial independence if confirmed to be Chief Judge of the Court of Appeals, the state's highest court.

«The court has an obligation to provide a certain level of service, and there's no threat to judicial independence if the chief justice is empowered to prevent low - grade services being provided,» he says.

It has been explained in many case law rulings that the Doctrine is not intended to protect an out of control judge, but is justified on the larger purpose of protecting judicial independence.

Caperton demonstrates the «extremes» of when judicial independence is called into question.

Perhaps prof. Grove might have paid more attention to what the principle of judicial independence means — and, for instance, to whether it actually requires restrictions on legislatures» ability to limit courts» jurisdiction.

The organization said that, «Should all outstanding salaries and allowances of judges and judicial workers not immediately paid, SERAP will explore all legal avenues nationally and internationally to compel your government to uphold the cardinal principle of judicial independence by ensuring a policy of regular and punctual payment of salaries and allowances of judges and judicial workers.»

Mr Hogg argued judicial independence was much stronger now than it has been and that the judge would be able to make the right decision independently.

Even in the best of times, judicial independence requires constant vigilance, particularly by lawyers.

The question, it found, was settled by the Supreme Court's decision in Ocean Port Hotel Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52, [2001] 2 S.C.R. 781, which held that the principle of judicial independence did not apply to administrative tribunals, except insofar as their decisions concerned rights protected by sections 7 or 11 (d) of the Canadian Charter of Rights and Freedoms.

I'm less concerned about particular people holding certain positions (TechRights» Dr. Roy Schestowitz covers those issues in detail) than fundamental, structural deficiencies that have allowed judicial independence at the EPO to wither.

EPLAW, the European Patent Lawyers Association, wrote a letter to the members of the Administrative Council expressing concern over judicial independence at the EPO.

That case is completely upended if de novo review is always applied by every court because judicial independence mandates such independence.

I still have workshops every now and then in which judges and ministry officials hint that asking the customers and making their views public could infringe judicial independence or the democratic process.

The caliber of jurists on the Committee is also motivating for law students seeking to gain a better understanding of why judicial independence is a significant issue.

Legal Times correspondent Tony Mauro, who blogged live from the speech, noted that the connection between judicial independence and constitutional safeguards has been made before, «but not in such a direct way.»

Tobiass and Provincial Judges Association are two cases in an extensive string of important (and usually not unanimous) cases revolving around judicial independence issues.