Sentences with phrase «judicial interpretation»

Judicial interpretation refers to the way judges or courts explain and understand the law. It involves analyzing the language and intent of legal documents, such as constitutions or statutes, to determine their meaning and how they should be applied to specific cases or situations. Essentially, it is the process through which judges give explanation and clarification to laws in order to make decisions and resolve legal disputes. Full definition
The application of the Act to internet publications will have to come about by legislative amendment or through judicial interpretation of statutory language drafted in a far earlier era.
However, it is in the consideration of the community sense of how legal constructions are perceived, which seems to be now recognized as a legitimate reference point in judicial interpretation.
Third, the paper examines recent judicial interpretations of the right to retain and instruct counsel in order to demonstrate that police officers must immediately facilitate contact with counsel.
The most generous judicial interpretation of the voucher question could at most require that states not exclude religious schools from choice programs that are open to other private schools.
It has to be said at the outset that the statutory provisions that define and establish tax avoidance are not conducive to easy judicial interpretation and application.
Although judicial interpretation of statutory language may have been required to resolve this issue, in my humble submission the Court of Appeal has created more uncertainties than clarity with these changes.
What changes are you looking forward to with the new judicial interpretation on corporate law being released by PRC Supreme Court?
«However, I think the governor is perfectly entitled to seek for judicial interpretation of his eligibility to contest another term of office.
See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).
Giambrone confuses Scalia's theory of judicial interpretation with a theory of law itself known as legal positivism.
The definition enunciated in that case has generated much legal speculation, as well as further judicial interpretation by state and federal courts.
To the extent, therefore, that I «speculate», I do so not about judicial invalidation but about judicial interpretation.
I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and guiding judicial interpretation of provisions during a public emergency on the other.
I am looking forward to more judicial interpretation on this issue and hope the courts go farther and explore the full ramifications of the Facebook «poke».
Consistent with these positions, Patrick Macklem has recently identified what is effectively a form of «creeping monism,» whereby various international obligations have been imported into the domestic legal order through judicial interpretation of the Charter.
In some ways, the logic of costs is questionable because a matter that has to go to court, especially when each side is represented by a lawyer, usually implies that a point in law, as it framed within the facts of the case, is uncertain and requires judicial interpretation.
Installed by Gov. George Pataki, she has the distinction of being one of only two Republicans left on a court whose credibility depends on robust expression of varying judicial interpretations.
(2003) 46 WRN 70, Sagay noted that the Court of Appeal subjected Section 88 of the 1999 Constitution to a critical judicial interpretation.
A complex matrix of specific statutory language and judicial interpretations emerged out of the maelstrom of political activism over the issue that started in the late 1970s.
One of the first American judges to void a law deemed unconstitutional, Wythe's judicial opinions attempted to steer Virginia away from slavery, and in one case he even tried to abolish slavery via judicial interpretation
van den Berg synthesized two reasons for the effectiveness of the Convention being in danger — the scheme of the Convention no longer corresponds to the needs of the global community; and misguided judicial interpretation has precipitated the text beyond recognition.
[i] As such, the main question in Bosworth was whether the same judicial interpretation would apply to a different statutory context, in this case, the Strata Property Act («SPA»).
In the Aeronautics Reference, he warned against judicial interpretations moving slowly but surely away from the original meaning of the text — «from what has been enacted to what has been judicially said about the enactment.»
He explained that while judicial interpretation remains an integral part of the common law system, care should be taken to ensure that the words of a statute do not become «unduly extended» and that attention is not «diverted from what has been enacted to what has been judicially said about the enactment.»
The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a... Continue reading →
In the article, Mr. Boyajian, a business litigation lawyer in the Providence office, responds to considered amendments to the Uniform Fraudulent Transfer Act (UFTA), focusing on the conflicting judicial interpretations that the amendments propose to resolve.
The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the Revised Case Management Order, absent fresh judicial interpretation and methods of implementation that correct current problems.
The Tribunal found that the interpretive process adopted by the Court under the doctrine «falls well within the scope of duties that courts are asked to perform every day», and that «inconsistency in judicial interpretation at this limited scale is to be expected.»
With the growth in governmental regulation of the employment relationship, expanding and complex judicial interpretations of the rights of both employers and employees and the apparent rebirth of the American union movement, legal assistance in this area has become necessary for most businesses.
«The concept of freedom of speech received for the first time an authoritative judicial interpretation in accord with the purpose of the framers of the Constitution.»
SCALIA AND GARNER contend that textual originalism was the dominant American method of judicial interpretation until the middle of the twentieth century.
An analysis of the witchcraft offense in Canada follows, including an examination of the confused judicial interpretation of the offense, and consideration of the social goals achieved by criminalizing such activity when overarching fraud offenses already exist in Canada.
A five member panel may also be required when new legislation needs judicial interpretation or in the case of a legislative reference (see my prior posting on References) or when the appeal involves issues decided by a previous Court with a request to review that prior decision.
a b c d e f g h i j k l m n o p q r s t u v w x y z