Sentences with phrase «judicial interpretation with»

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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.

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.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

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.

With respect to judicial interpretation, therefore, while the national legal traditions on which the articles and rules in question are modeled can provide some guidance, over-reliance on a narrow inquiry can lead to the perpetuation of the default position, according to which, as Byrne («The new public international lawyer and the hidden art of international criminal trial practice», 25 Connecticut Journal of Int» l Law (2005) 243) notes, some international judges «interpret legal norms through the lexicons of their respective traditions», rather than through a truly sui generis prism.

Does the practice of deferring to agency interpretations of statutes comport with Article VII, Section 2 of the Wisconsin Constitution, which vests the judicial power in the unified court system?

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.

«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»

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.

Having rejected a wide interpretation of the term «provided» and also having refused the application of additional criteria to Article 12 (1) by analogy, the CJEU also replied negatively to the question of the German court whether any further criteria had to be taken into consideration in addition to those contained in Article 12 (1) and 2 (b) with systematic coherence and judicial constraint.

These findings on standard of review are not only consistent with the overall trend in existing jurisprudence concerning the judicial review of FOIP decisions, but are also consistent with the trend towards reasonableness as the standard of review generally in substantive judicial review of statutory interpretation by administrative decision - makers.

In your interpretation, is there not a distinction between Member States not submitting disputes outside the judicial system and the EU itself resolving its disputes with third countries by means of international adjudication?

What changes are you looking forward to with the new judicial interpretation on corporate law being released by PRC Supreme Court?

So, while it may be tempting to conclude that it is not an adequate tool for dealing with liability questions arising from new technologies (given that it was adopted before even the internet rose to prominence); the reality is that the PLD has already risen to the challenges of developing technology, aided by judicial interpretation, over the past 30 years.

We have seen this occur with respect to advice on tax issues that had not yet been subject to ministerial clarification or judicial interpretation.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

They told the justices that the Duff letter «stains the Gold Seal Interpretation with possible judicial misconduct» and the case «can not be regarded as anything other than political expediency and not a judicially reached determination.»

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.

But as the Supreme Judicial Court noted in Papadopoulos, «Because the plaintiff here did not slip on snow or ice during a snow storm, we need not and do not decide today whether we agree with this interpretation of the duty of reasonable care.»

«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.»

If, as a result of a final and binding judicial determination or because of a subsequent change in the governing law or its authoritative interpretation, it is established that any or all of said payments are not deductibe by xx, the parties agree to renegotiate the amount of the alimony payments so that this amount is consistent with the intention of the parties.

The Los Angeles Superior Court Language Access Services Division provides multilingual interpretation and general language services in court proceedings to ensure meaningful participation in the judicial court process for individuals with limited English proficiency.

Select Books and Recent Law Review Articles: • Public Policy in International Economic Law: The ICESCR in Trade, Finance and Investment (Oxford University Press, 2015) • Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012) • ASEAN Integration and Philippine Treaties (Cambridge University Press, forthcoming in ASEAN Integration through Law Series) • ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (co-edited with David J. Cohen, Routledge, forthcoming) • International Commercial Arbitration for the Philippine Legal Profession (editor, University of the Philippines IILS Press, forthcoming) • Code of Professional Responsibility (USAID and Philippine Judicial Academy, 2007)

Article 19 TEU guarantees autonomy by providing exclusive jurisdiction to the CJEU to offer authoritative interpretations of EU law and enabling a judicial dialogue with national courts via Article 267 TFEU.

On the contrary, Laskin J.A. affirmed the need for «judicial interpretation» to deal with new technology.

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.

With its surprising subsequent history taught as part of the case, Cooper works better as a demonstration of how complex the constitutional system can be, rather than as a demonstration of the supremacy of judicial interpretation.

A major issue emerging from last year's government consultations on the issue was the role of fair dealing and the need to update the Copyright Act to better conform with judicial interpretation and general practices.

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.

Some worked on judicial interpretation drafting, many sat in on collegiate panel discussions of cases, assisted in case review, and assisted the teams of judges working on death penalty review while many helped their mentors with related research and administrative matters, finding their work reviewed meticulously, and spending long hours along with their (overworked) mentors.

Judge Yu described the posting as to «coordinate» (配合) with this campaign, but is the author's way of saying that the law on these issues is confusing and all involved, whether they are judges, prosecutors, public security or defense lawyers need an authoritative steer through the forest of law, judicial interpretations, and other guidance.

deal with only a small portion of the outstanding issues and there isn't time to draft a long judicial interpretation.

The new interpretation will focus on the issues that courts frequently encounter when arbitration - related cases come before them, dealing with gaps in current judicial interpretations (and likely the outdated Arbitration Law, (The Arbitration Law is also the subject of discussions among practitioners, academics, and others.)

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.»

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.

This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism.