Sentences with phrase «judicial independence did»

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.

As former Supreme Court Justice Sandra Day O'Connor wrote in 2008: «Judicial independence does not just happen all by itself.

Not exact matches

The Foreign Office is unlikely to accept the proposal for a trial in Russia on the grounds that the British government does not respect the independence of the Russian judicial system, however.

Did donors to her campaign know that a portion would wind up supporting a diverse group of politicians including the Grassroots political group, several different judicial candidates, Amherst Town Board hopefuls and the Democratic, Republican, Conservative, Independence and Working Families parties?

It's also meant to ensure it doesn't «give the appearance of compromising judicial impartiality and independence (including independence from the political process)» while keeping a judge from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.

We should be looking at how to sell a story about access to justice, judicial independence, or the Rule of Law in a way that does not just reaffirm lawyers» self image, but actually alters awareness and behaviour on a grander scale.

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?

A U.S. district judge, who is a friend, once told me: «You ALJs are always touting «judicial independence» so you can do whatever you want.»

My reply was: «You're a federal judge with lifetime tenure telling me, an executive branch creature, that I tout «judicial independence» so that I can do what I want.»

In this respect, the AGBC's position that as long as the government does not interfere with the cases the court is permitted to hear judicial independence is respected, is an inappropriately constricted view of the court's constitutional place.

In doing so, he compromised the appearance of judicial independence essential to a fair trial,» wrote the Court of Appeal.

Participants questioned whether judicial independence is something that requires judicial entry into the allocation of public funds, while the independence of the bar does not.

However, according to Murphy, the implications for judicial independence resulting from the imposition of shared IT services on our federal courts do not appear to have been considered.

Courts» inherent or implied jurisdiction does not allow courts «to enter the field of political matters such as the allocation of public funds, absent a Charter challenge or concern for judicial independence» (para 41).

Thus did Obama pay respect to Justice Stevens» view that this gesture honors values of separation of powers and judicial independence embedded in our Constitution.

Shared Services Canada, in an email, would only say that everything the agency does is «aligned with all legislative and legal requirements,» including «the need to maintain judicial independence.»

Continue reading «A Union based on the rule of law beyond the scope of EU law — the guarantees essential to judicial independence in Associação Sindical dos Juízes Portugueses» →

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

«The present events seriously threaten the judicial independence of the Boards of Appeal and by doing that call in question the guarantee of an independent and impartial review of the European Office's decisions by a judicial body.

The Conférence des juges de paix magistrats du Québec and several presiding justices of the peace («PJPs») filed a motion to strike down provisions of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace («the Act») and the Courts of Justice Act on the ground the scheme established by the impugned provisions did not guarantee judicial independence.

Appellate courts are naturally hesitant to do so, lest they infringe on judicial independence.

On their face, however, they do raise three issues that seem prima facie of concern: 1) the legitimacy of having rulings by the Federal Court about its process without any submissions made on the Committee's behalf; 2) the legitimacy of the Federal Court reviewing the Committee's conduct on an interlocutory basis; and 3) the legitimacy of the Federal Court intervening in a process designed to respect judicial independence, and to provide a mechanism for implementing s. 99 of the Constitution.

The Code is to be construed so it does not impinge on the essential independence of judges in making judicial decisions.

Justice Pariente's past publications include a contribution to the American Bar Association's Judicial Independence Essay Series, entitled «What's Politics Have to Do with It!

Absent a challenge on the basis of the Charter or the principle of judicial independence, inherent jurisdiction does not allow courts to enter political matters like the allocation of public funds.

The Parole Board does not have the independence from the executive that is required for its judicial role in determining whether or not convicted prisoners should be released on licence.

According to the government's press release: «He [Geoff Cowper] will identify the top issues that are affecting the public's access to timely justice and what can be done to ensure the efficiencies already underway have the desired impacts while respecting the independence of the judicial system.»

«Whenever we talk about judicial independence, it's about shielding or protecting judges and the judiciary from politics or political criticism, and we don't sufficiently recognize that judicial independence is truly a two - way street,» he says.

Judicial «Copying» does not affect Independence or Impartiality: Supreme Court of Canada Emir Crowne (July 29, 2013).