Sentences with phrase «judicial interpretation at»

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.»

Not exact matches

This summary is based on the Code, U.S. Treasury Regulations promulgated thereunder, rulings and other administrative pronouncements issued by the IRS, and judicial decisions, all as in effect on the date of this information statement, and all of which are subject to differing interpretation and change at any time, possibly with retroactive effect.

They require interpretation and application through the same judicial system, and they can be modified or eliminated at any time by the legislature that enacted them.

The idea of judicial supremacy — or the idea that the supremacy of the Constitution entails judicial supremacy in constitutional interpretation — has come to be so widely held not only in the legal profession but also by the public at large that today it seems unremarkable.

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.

Judges at the ad hoc Tribunals have alternated, through judicial interpretation, between further propagating this influence and seeking to supplant it by reference to the sui generis nature of the ad hoc Tribunals.

The Commissioner's interpretation of the subject policies could easily withstand judicial scrutiny because his interpretation was at least «barely colourable», which was also all that the law required;

And recall as well that the judicial creation of this test (to parallel the express provision in section 1 of the Charter) has been critiqued for being inconsistent with the structure of the Constitution Act 1982 as well as ignoring aboriginal sovereignty and the limitations already placed on aboriginal rights by indigenous laws and traditions (see e.g. John Borrows, «Frozen Rights in Canada: Constitutional Interpretation and the Trickster» (1997/98) 22 American Indian L Rev 37 at 59).

Exercising the profession as a Supreme Court lawyer gives me the opportunity to confront with the highest judicial body, entrusted with the role of guaranteeing uniformity at national level in the interpretation and application of the rules that form the Italian legal system.

Going against popular opinion with respect to judicial interpretation of solicitation, it argued that the contradictory and often self - defeating nature of the various Criminal Code sections relating to prostitution was at the root of the high levels of street prostitution in Canada; despite the fact that prostitution is legal, the prostitution laws control when and where it can take place — essentially leaving only the street.

The court accepted that the notion of substantive proceedings may have to be given a liberal interpretation to ensure international judicial co-operation, but, on any view, however liberal, the New York proceedings were directed solely at assets in New York, and proceedings in England directed at assets in England can not be ancillary to such New York proceedings; they are parallel.

In the literature, scholars have thus concluded that the setting of judicial remedies in the EEA is incomplete for the EFTA countries, as there is no binding preliminary reference procedure which would ensure one unitary authoritative interpretation of EEA law (see S. Magnússon, «On the Authority of Advisory Opinions», 13 Europarättslig tidskrift (2010) p. 528 at p. 535 - 536).

A provision is unconstitutionally vague where it sets a standard that is not intelligible, that can not provide the basis for coherent judicial interpretation, and that is not capable of guiding legal debate (Canadian Foundation for Children, Youth & the Law v. Canada Attorney General), 2004 SCC 4 (CanLII) at paras. 15 - 17).

Even assuming the correctness of the rationale of Wilhalme and Grant, in light of the fact that the statutory language is arguably open to more than one interpretation, those cases do not support the State's arguments in this case, which call more for a rewriting than judicial interpretation of the statutes at issue.

Then in McLean v British Columbia (Securities Commission), 2013 SCC 67 (CanLII), Justice Moldaver reinforced the presumption of deference by asserting the onus lies on an applicant in judicial review to establish the statutory interpretation given by a decision - maker to its home statute is unreasonable (McLean at paras 40, 41).

Here is the first of several extracts from a paper I am working on, on the subject of convergence and divergence in English and Canadian administrative law At first glance, administrative law in Canada, where courts regularly defer to administrative decision - makers» interpretations of law and judicial review of administrative action is organised around the concept -LSB-...] Read more

A growing body of scholarship has shown that constitutional adjudication involves at least two distinct judicial activities: interpretation and implementation.

Like Fang, many of them who were involved in judicial interpretation drafting when working at SPC headquarters continue to provide input to the work of their colleagues at SPC headquarters and are pulled into other research and writing projects.

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

Tim Johnson, real estate partner at DAC Beachcroft, says: «There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of «limited degree of conflict with this Framework» when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.»

R. v. Ashini (J.B.) 2015 NLPC 1711 Civil Rights — Criminal Law Summary: At issue on this bail hearing was whether the accused should be released, as well as the proper interpretation of s. 516 (1) of the Criminal Code in the context of the Supreme Court of Canada in R. v. Pearson (1992), R. v. Morales (1992), and R. v. Hall (2002) and the judicial reality that existed for years in Labrador.

In this edition of the Boston University School of Law podcast, host and media veteran, Dan Rea of WBZ - Radio 1030 welcomes Associate Dean for Academic Affairs, Professor Ward Farnsworth, to discuss his ongoing research into the role of politics and judicial philosophy in legal interpretation at the Supreme Court.

As discussed in Chapter 3 the policy position at federal Government level has been to apply and reinforce this increasingly narrow judicial interpretation of native title, including opposing in the courts, recognition of native title (for example sea rights) and subjecting agreements recognising native title to critical scrutiny even where such agreements are based on consent.