Sentences with phrase «judicial power»

A referee is an officer with judicial powers who serves as an arm of the court.

But I would have thought that no less, and perhaps more, important is the need to limit judicial power.

This approach raises the greatest dangers of excessive judicial power and discretion.

Therefore, the question comes down to what judicial powers may a legislature impose upon an independent judicial branch?

Certainly no part of judicial power of the country was conferred on them, because the Constitution expressly vests it «in one supreme court and such inferior courts as the Congress may from time to time ordain and establish,» and it is not pretended that the commission was a court ordained and established by Congress.

The work of UBC Professor Emma Cunliffe was recently cited in the concurring reasons of Wagner J in the recent Supreme Court of Canada ruling of Endean v. British Columbia, 2016 SCC 42 that dealt with the limitations on judicial powers of Supreme Court judges in Pan-National Class Action Settlement cases.

NJC's Director of Information; Soji Oye, said Justice Umezulike was accused of wantonly abusing priviledges of his office and using judicial powers to terrorise petitioners and defendants.

This is not only the most natural reading, it's the only one that doesn't lead to an absurd result: if it defined the state judicial power as well, then no court would have jurisdiction over a lawsuit between two residents of the same state under state law.

The former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court.

Speaking to Accra - based Joy FM, Sefa Kayi said politicians who do wrong with impunity incite ordinary Ghanaians against judicial powers of state.

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

Whichever scholar has the better argument, they agree that the decision focused the debate over slavery and introduced into the already heady brew of issues involved in that debate the question of the scope of judicial power under the Constitution.

That at the same time, such courts can not be warranted, as we conceive, by virtue of that part of the Constitution delegating Judicial power, for the exercise of which any act of the legislature is provided, in exercising (even under the authority of another act)

Like the heated question of whether a non-entrenchment clause could be dug into our law to protect UK parliamentary sovereignty, this one wasn't about law, or even constitutional theory; it was essentially about differing ideological positions vis a vis judicial power.

Jefferson observed that members of the General Assembly in his native Virginia had not been prevented from assuming judicial power, and» [t] hey have accordingly in many instances decided rights which should have been left to judiciary controversy.»»

Writes William Baude: «to call him a «so - called» judge is to hint that he is not really a judge, that he lacks judicial power.

Too bad: that doesn't arise under the laws of the United States, you and your spouse are residents of the same state, so Article III's judicial power does not extend to your divorce case.

In a rechtsstaat, separation of powers in legislative, executive, and judicial powers provides some protection to the civilians and reduces the power of government.

Even assuming this argument is correct, it does not address the concern that the Congress is exercising unchecked judicial power at the expense of individual liberties.

Unfortunately, the episode seems to have provoked in liberals not a caution about judicial power, but rather an intensified determination to ensure that judges exercise power in liberal ways.

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.

Even Court watchers who favored legislative liberalization of abortion law were inclined to agree with dissenting Justice Byron White that the case represented an extraordinary judicial power grab.

Oh, and this matter of jurisprudence only dances around the normative question - Should a church have temporal judicial power?

Impeachment is a use of something like judicial power by the legislative branch.

Are not todays social circles being publically opened up giving governing bodies a «look see» into today's yes segregated socialists in order for governing judicial powers to stay abreast of seminary socialists currents ongoing ways?

So basically, if I've understood right, the government messed up the legislation so the high court did not interpret it as retrospective, but if they fix it it'll be invalid on the grounds that it usurps judicial power contrary to section 3 of the constitution, right?

Unless the goal is to maximize judicial power, this prudential preference is inexplicable.

On the other hand, do we need powerful checks and balances on unbridled judicial power?

The exercise of judicial power involved in Borak simply can not be justified in terms of statutory construction, see Hill, Constitutional Remedies, 69 Col.L.Rev.

It may be that a person is set up and hounded for no other reason than the «system» as in judicial power elite and their brokers are annoyed and will go to the ends of the physical earth to put an end to the career (s).

Historically, architects expressed judicial power by building massive neoclassical temples decorated with inspirational quotations and noble statuary.

And «If ostensible democratic societies are to persist with judicial review, then a variety of steps can be taken — reduced judicial powers, specialized constitutional courts, responsive appointment procedures, legislative overrides, greater judicial accountability, periodic constituent assembles, etc. — to de-sacralize and defrost the constitutional order.

The Seventh Amendment and Article III Judicial Power were intended to protect life, liberty, and property from the executive and legislative branches, which could «overwhelm -LSB--RSB-» the British judiciary.

A vote with Justice Breyer on «reasonableness review» would be a vote for nothing more than heightened appellate judicial power.