Sentences with phrase «judicial interpretation of»

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.

Judicial interpretation of the procedural rights that are available has confirmed their inadequacy.

In particular, I assess developments in the judicial interpretation of procedural provisions in the NTA.

Premier Edgar Peter Lougheed of Alberta was instrumental in inserting the word «existing,» expecting this would lead to a more limited judicial interpretation of section 35.

Although evidentiary submissions may help answer it, the question is, like the question whether racial or sex - based classifications communicate an invidious message, in large part a legal question to be answered on the basis of judicial interpretation of social facts.»

The SCC's granting of leave in Bhasin signals the Court's eagerness to determine a longstanding legal debate about the judicial interpretation of contracts and the duty to exercise discretionary contractual powers in good faith.

Therefore, it can be argued that arbitral tribunals do not necessarily have to be bound by the judicial interpretation of the Supreme People's Court when hearing cases.

Judge Bamberger is faulted by the KBA for his judicial interpretation of this issue.

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.

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.

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.

The US District Court rejected immunity for the official by deferring to the views of the executive while the Canadian case reached the decision on the basis of judicial interpretation of the domestic tort exception to immunity.

However, the fact remains that this «equal treatment» is a result of judicial interpretation of the procedural status of international arbitral awards, not of a clear legislative decision in this sense.

There has also been concern that the judicial interpretation of when the DOLS should be applied is too restrictive, narrowing the application of the DOLS to a small number of cases.

Jeremy Patrick states in the Tulsa Journal of Comparative and International Law that there is a hidden establishment clause on based on judicial interpretation of the Charter since its inception, and the reality of effecting a democracy in a legitimate and appropriate way,

The history of the judicial interpretation of s. 7 of the Charter, which was engaged in this case, illustrates the difficulty courts face when engaged in adjudication of inherently moral and ethical issues, requiring policy - based determinations.

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.

Thus, while it can not ground a claim by a patient with a rare disease in Canadian courts, it does form part of the background in which judicial interpretation of domestic legislation in, say, an administrative or Charter case, occurs.

It is submitted that the Opinion of AG Saugmandsgaard ØE reflects a common unease when it comes to the application of the traditional broad judicial interpretation of the State resources criterion, and may be regarded as pointing to a novel approach.

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.

«However, I think the governor is perfectly entitled to seek for judicial interpretation of his eligibility to contest another term of office.

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.

For the pro-American team, that judicial interpretation of the Constitution according to theory extrinsic to its actual text, Justice Scalia and Hadley have shown in different but equally compelling ways, is an unconstitutional abuse of power.

Two centuries of judicial interpretation of the United States Constitution have demonstrated that when the Supreme Court veers off course in a particular case or series of cases, continued constitutional litigation over the issue involved serves to correct their heading.

«The Senate Republicans have chosen to disregard the plain language of the constitution and judicial interpretations of that language and try to add a 63rd seat to the Senate when it is completely not warranted by any legal standard whatsoever,» said Sen. Mike Gianaris -(D) Queens.

A prolific writer on legal issues, he has authored hundreds of appellate briefs on behalf of consumers and has published controversial articles criticizing current judicial interpretations of the law that unduly favor the affluent.

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.

First, recent judicial interpretations of the right to counsel appear to negate the right to use cell phones to call counsel.

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.

Whether the judicial interpretations of the Supreme People's Court as a matter of course apply to arbitration cases has always been a controversial matter.

One commented that because judicial interpretations in China serve as an important source of interpretation of law, as more detailed and convincing guidance on how Chinese legislation should be applied, that he usually followed (applied) judicial interpretations of Chinese substantive law in arbitration.

If there is any area where the law has no business in intruding, it is in the enforcement of judicial interpretations of Scripture and in giving legal effect to judicial assertions about «blessings»...

The terms refer to outcomes that could not be characterised as native title through the understanding given by the NTA and judicial interpretations of it.

I tend to place my trust in the court system vs in a government agency run by bureaucrats, which head of said bureaucracy may have a subjective political agenda in opposition to objective judicial interpretations of the law.

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.

It must recognize the Constitution as a legal text subject to legal interpretation by judges who derive their authority to render a judicial decree from the existence of the Constitution as a source of law.

The discussion below is based on the Code, Treasury Regulations promulgated under the Code and judicial and administrative interpretations of the Code, all as in effect on the date of this prospectus and all of which are subject to change either prospectively or retroactively.

Whether one views constitutional interpretation as grounded in a theory of original meaning or the traditional liberal theory of judicial restraint and neutral principles, the distinctive nature of this approach is that it is legal in nature.

The law as all of the right wing want to claim is not subject to «judicial interpretation» but to be enforced as written.

New Deal jurists pointed to the court's willingness to accommodate constitutionally dubious moral reforms to demonstrate the ultimate subjectivity of judicial decisions and the need for constitutional interpretation to evolve along with social and economic realities.

He criticizes textualism (a mode of judicial interpretation) by citing the author's attempt to «show how lawmakers are engaged in the creative work of ensuring that natural law... is given effect in our human living.»

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Patrick Brennan replies: Upon reading Joseph Viviano's charges against me, I had to ask myself: Who is this Brennan that «proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on preferences?»

And second — and consequently — in practice the interpretation and application of the law become a function of whatever happens to suit the tastes of those who determine cultural values and wield judicial power.

Murphy's reply provides perceptive criticism of the limitations of originalism but fails to set forth any other method of interpretation that would prevent judicial oligarchy.

Arising from the court's interpretation of the amendment were new judicial powers that tended to absolutize the liberty of the individual.

Saving the Constitution from the Courts By William Gangi University of Oklahoma Press, 326 pages, $ 45 Cases like Roe, Casey, and the recent Romer decision remind us of the degree to which constitutional interpretation has been supplanted by judicial lawmaking.

This is subject to judicial reasoning as all interpretations are brought before a public tribunal of judgment.

From a licit interpretation of the Constitution or from judicial usurpation of politics?

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.