Sentences with phrase «judicial oversight where»

Madam Justice Corthorn comments in her decision that the reasoning behind the requirement for an oral hearing is that it allows for judicial oversight where a formal action — and all the information that is provided to the court in that particular context (for example, the parties» pleadings)-- has not yet been commenced.

Not exact matches

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

In that connection, I note that a significant legal safeguard in the university's appeal process was the important layer of judicial review which typically provides, where necessary, the required oversight.

Warrantless wiretaps, we argued, should be used only as a last resort tool in situations of true emergency, consent should be obtained where feasible, and each case should be subject to after - the - fact judicial oversight.

While judicial oversight is a legislative requirement in representative proceedings, non-representative proceedings where TPLF is also used, such as personal injury or commercial litigation, are not subject to judicial controls.

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.