Sentences with phrase «judicial law making»

In our contribution to Ars Aequi we reveal the Roman roots of the preliminary reference procedure, explain the inception and application of the instrument by the European Court of Justice in Luxembourg and discuss the potential of this new instrument for judicial law making by the Dutch Supreme Court.

Not exact matches

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

And in the crisis, emergency decisions were made that have been effectively removed from judicial review, including violations of state corporate law and issues raised by the Constitution.

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.

note: there are 3 types of OT laws: a) ceremonial (ritual cleansing, sacrifices, etc. — required to be made clean / holy) b) judicial (laws specifically for the nation state of Israel) c) moral laws (the 10 commandments, etc..)

instead, ceremonial & judicial laws are abrogated because Christ FULFILLS them (i.e., Christ has made us clean as the ultimate sacrifice, so sacrifices wouldn't continue; in Christ, God will bring people from ALL nations to himself, not just Jews).

Second, judicial review under the Constitution makes possible the entry of natural law theory into litigation.

Americans have a long history of changing the laws we make and as long as Muslims use only the American judicial system to effect change, isn't that an example of their assimilation?

Our 1996 symposium on judicial usurpation and subsequent articles were criticized for being alarmist; but the Florida Supreme Court changed many minds, and I now note that even worthies such as George Will are using the feared R - word, referring to the «regime» of lawless law - making by judges.

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good - faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

The law requires the judicial branch to maintain information regarding jury services, including information for breastfeeding women about their ability to postpone jury service or request a reasonable accommodation be made, on its website.

«The judicial process, the judicial system of Kenya and the election laws themselves make full and adequate provision for accountability in this election,» said Kerry, an election observer for the Carter Center.

Even if you can afford a judicial review, reforms will make it easier for public bodies to escape a full examination of whether or not they behaved in accordance with law.

Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, «has... the right to make or unmake any law whatever....»

Judicial review underpins the rule of law and is central to our constitutional make - up, in which parliament sets out the laws, public bodies implement them and courts make sure that this implementation complies with the law.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

The legslative creates it, the judicial approves it if it's constitutional, and the executive enforces to make sure people abide by the law.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The statement added, «The EFCC boss expressed concern over the delay usually experienced in dispensing corruption cases and the conspiracy (in some cases) between the criminals and judicial workers / law enforcement agents to make violators of law escape justice, citing the case of a former governor of Adamawa State, Bala Ngilari, who was set free with the connivance of a prison warder and court registrar after being convicted by court.»

If the Supreme Court wasn't functional for an extended period then various different and contradictory decisions made by the appeals courts would build up and there would be different «laws of the land» in each federal judicial district.

The situation is made worse by the epidemic, as described by Trump, of information leaking to the Press from the judicial and law enforcement agencies, from the intelligence community, from the legislature and from Trump's own administration.

«Public Officers Law 87 (2)(e)(i) prohibits making available for public inspection and copying all records that would interfere with law enforcement investigations or judicial proceedings,» read a March 3 denial letter from Miner's corporation counsLaw 87 (2)(e)(i) prohibits making available for public inspection and copying all records that would interfere with law enforcement investigations or judicial proceedings,» read a March 3 denial letter from Miner's corporation counslaw enforcement investigations or judicial proceedings,» read a March 3 denial letter from Miner's corporation counsel.

«In 2012 alone over 250 judicial opinions — more than double the number in 2007 — cited defendants arguing in some form or another that their «brains made them do it,»» according to an analysis by Nita Farahany, a law professor and director of Duke University's Initiative for Science and Society.

My job was to provide evidence - based research data to support policy making in the judicial council in the areas of family law and juvenile delinquency and dependency court administration.

Presenting essays written by authorities in the fields of education, political science, and law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened judicial involvement for schools...

That would mean that the documents like Constitution or Declaration of Human Rights would be interpreted differently in each case and lead to depending on the subjectivity of the court or the judge in individual matters and make judicial assessment as the primer source of the law.

The Judicial Branch interprets laws, apply laws to cases and make sure that current laws are not violating the Constitution.

It is an achievement made all the more remarkable by the dramatic expansion of the case law in what Lord Bingham has described as the «huge, burgeoning field» of judicial review.

As a matter of policy, it makes sense to immunize judges in all their judicial functions, even when a judge acts with malicious intent, University of Pittsburgh law professor Arthur Hellman tells Jones.

Whatever the outcome it needs to be recognised that policy views of the extent to which courts and tribunals should be able to interfere with business decisions will determine whether any change in the law, judicial or legislative is made.

These Court decisions make new law that are precedents in later judicial reviews.

Properly restrained judicial constitutional review accepts the primary law - making responsibility of legislatures by acknowledging the wide ambit of legislative choices available to elected officials».

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

The Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».

Volunteers attend the judicial proceedings for drunk driving cases to make sure that the law is being enforced and prosecuted.

«The SJC has made new law in holding that, yes, in fact, attorneys can be liable [for their negligence] even when there's contributing judicial error,» Ms. Deluhery told the publication.

He has lectured in Canada and abroad on diverse legal topics, and has published on such subjects as judicial decision - making, Canada - US trade, the law of evidence and constitutional law.

Citing the Canadian Judicial Council's «Statement of Principles on Self - Represented Litigants and Accused Persons», the Court went on to make a ruling that included an explanation of law and in particular procedure and limitations.

In order to perform their duty effectively, lawyers research on laws, the intent of those laws and the judicial decisions that are relevant to their client's circumstance so as to make a knowledgeable decision.

The Library of Congress explains that, as a civil law country, Chinese judges make rulings based on statutes without deference to other court decisions — unlike the U.S. common law system, which is based on judicial interpretations.

I identify, among a host of examples, the way in which Professor Zander handles the quality and length of modern legislation and the process by which it comes to be enacted in the form which it finally takes: the admissibility in argument involving statutory interpretation of reference to Hansard and the Parliamentary debates: the personal element in judicial law - making, and the «so called» rules of statutory interpretation: and diversity on the judicial bench.

I often watch senior judges» hearings, and learn from them all the time; being continuously updated in the judicial idea, business knowledge, documents and other professional knowledge ensures that the trial results conform to the law of intention and make impartial final judgments.

Companies, law firms, lawyers and individuals have to go through a large number of case laws and judicial decisions to identify or retrieve information necessary to support legal decision - making or finding something relevant to their case.

And that perhaps is why its doctrines demand such strict servility to the law; it is in the duty for the strict and correct application of legal doctrine that the key to judicial accountability lies, as I think the comments earlier this year of Mr. Justice David Stratas made clear (succinctly described and linked here: https://doubleaspectblog.wordpress.com/2016/01/15/taking-doctrine-seriously/).

If the United Kingdom, having already triggered Article 50 TEU, make a unilateral attempt to revoke this notice, and this exercise of prerogative power were submitted to judicial review before the UK courts, then a substantive interpretation of EU law would be necessary to determine the question in the case.

In the case of the CFSP the national courts replace the CJEU and have to ensure effective judicial protection of individuals also in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102).

«I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary body of legal work — as a longtime judge on both the Federal Court and the Federal Court of Appeal; judicial member of the Competition Tribunal; expert in maritime and transportation law with almost 20 years as a practicing member of the Barreau du Québec; arbitrator; teacher; and author — makes him an ideal candidate for the Supreme Court of Canada.»

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

We still teach you the underlying principles of law and make you read judicial decisions about the application of these principles to various to legal problems — and we still don't give you the opportunity to apply those principles yourselves.

I was recently introduced to one of Canada's Military Judges, learning that there are only four such judicial officers, which made me realize how little I know not simply about military law but also about the very structure of the military justice system.