Sentences with phrase «judicial power at»

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.

Not exact matches

In appropriate cases, small business owners who have been victims of crime can use the power of the criminal judicial system to recover financial losses at little or no additional expense.

A complex modern democracy is at a serious disadvantage in dealing with autocratic states as well as in expeditiously conducting its own internal affairs, unless it possesses strong executive powers which are not hedged about in matters of detailed policy and administration by legislative and judicial agencies.

At the request of a person directly affected by the exercise of a power, a court may conduct a so - called judicial review to determine whether the exercise of a public power on a given occasion is, or is not, within the limits of the power.

«Silver, by the power he amassed as speaker and all the power he has — he's gotten people jobs in the courthouse — also had sway at the judicial conventions because the delegates from his Assembly district and sometimes adjoining districts was able to dictate, on occasion, who would be a judge,» Flacks said.

Michael Rebell is executive director of the Campaign for Educational Equity at Teachers College, Columbia University, and is the author of Courts and Kids: Pursuing Educational Equity through the State Courts (University of Chicago Press, forthcoming), in which he proposes a new functional separation of powers among the executive, legislative, and judicial branches to promote education reform and student achievement.

«Those who are reliant on legal aid are most likely to be at the sharp end of the exercise of government power and are least likely to be able to fund judicial review for themselves, or effectively act in person.»

But at Volokh, Orrin Kerr views Ginsburg's oral dissents as politics; and indeed, as so political they affect the balance of power between the Executive and Judicial branches.

We should see the occasional tug of war between national constitutional courts and the ECJ regarding the primacy of national constitutional or EU law not as a pathological condition but as a desirable, deliberative mechanisms aimed at balancing judicial power.

For example, a casual perusal of the online legal research service Westlaw reveals that «mumbo jumbo» appears at least 251 times in judicial opinions.8 «Jibber - jabber» shows up just seven times (although surprisingly used by parties, rather than in statements from the court), while the more prosaic «gobbledygook» has 126 hits in the legal database.9 Believed to have been coined in 1944 by U.S. Rep. Maury Maverick of Texas, «gobbledygook» has been used by everyone from political figures referring to bureaucratic doublespeak (for example, President Ronald Reagan's stinging 1985 indictment of tax law revisions as «cluttered with gobbledygook and loopholes designed for those with the power and influence to have high - priced legal and tax advisers») to judges decrying the indecipherable arguments and pleadings of the lawyers practicing before them.

I have to reluctantly concede the uncomfortable truth of her fundamental allegation: we undermine our legal system through our own arrogance, and particularly in how we create, encourage and reinforce judicial power, unaccountability and — at the end of the day — judicial conduct that can be fairly described as arrogant.

In the Federal Court system, prothonotaries — full judicial officers who exercise many of the powers and functions of judges — are employed, at a pay rate of about 70 per cent of what superior court judges make.

New judicial police functions of the RPC (Article L. 331 -21-1 of IPC) to identify the facts likely to constitute a copyright infringement to obtain observations of the alleged infringers in writing or at a hearing (but no coercive power to summon)

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet... [more]

AB 68 Expands Commission on Judicial Discipline's power to include a person who is a former justice, judge, justice of the peace or other officer of the Judicial Branch who presides over judicial proceedings if the conduct at issue occurred while the person was serving in any such pJudicial Discipline's power to include a person who is a former justice, judge, justice of the peace or other officer of the Judicial Branch who presides over judicial proceedings if the conduct at issue occurred while the person was serving in any such pJudicial Branch who presides over judicial proceedings if the conduct at issue occurred while the person was serving in any such pjudicial proceedings if the conduct at issue occurred while the person was serving in any such position.

``... if it appears at the time the decision on pre-trial detention is taken that the «officer authorised by law to exercise judicial power» is liable to intervene in the subsequent proceedings as a representative of the prosecuting authority, then he could not be regarded as independent of the parties at that preliminary stage as it is possible for him to become one of the parties at a later stage.»

(judicial review arising from failures of due process in the Bar's disciplinary arrangements discovered by a report by COIC in 2012; time expired disciplinary judges — whether a tribunal «established by law» under ECHR Art. 6 and Art. 47 of the EU Charter of Fundamental Rights; whether Art 47 now has direct effect in UK; whether laid down selection process of disciplinary judges had to be followed at all; whether prosecutor could partake in selection process of disciplinary judges; whether a disciplinary judge could properly receive an undisclosed salary from the prosecutor; whether logjam in Visitorial appeals process caused unlawful delay; whether proper Art. 6 security of tenure when BSB sits on committee (COIC) with the power to remove disciplinary judges from the «pool» at will; whether «discreditable» conduct should be defined).

Where an inferior court can have no jurisdiction of a case of law or equity, the ground of objection is not taken by plea in abatement, as an exception of the given case from the otherwise general jurisdiction of the court; appearance does not cure the defect of judicial power, and it may be relied on by plea, answer, demurrer, or at the trial or hearing.

However, it occurs to me that if, as has been hinted today by the Prime Minister, section 53 (2) of the Freedom of Information Act were redrafted so as to attempt to confer wide powers of Ministerial override of judicial decisions, such a provision might plausibly be considered to fall into that category — if it exists at all — of legislation so constitutionally egregious as to test the courts» commitment to the absolute supremacy of Parliament.

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet a gleam in anyone's eye), jurisprudence, company law, sale of goods, secured transactions, trusts and family law.

Responding to Lord Justice Briggs» Civil Courts Structure Review, the ELA said that, while an online court may seem suitable for such claims at first glance, employment claims were «characterised by their complexity» and the «special nature» of the employee - employer relationship needed to be preserved where possible, with judicial power exercised sensitively.

More specifically, they are seeking declarations that Québec could not, consistently with section 96 of the Constitution Act, 1867, grant its provincial court exclusive jurisdiction to hear cases where the amount at issue is more than $ 10 000 or any powers of judicial review over provincial administrative tribunals, because these powers are reserved for federally - appointed judges.

It is a constitutional principle that can, as the Supreme Court recognized in Reference re Secession of Quebec, [1998] 2 SCR 217, result in «substantive limitations upon government action» — including, relevantly to us here, in government action aiming at reducing the courts» powers of judicial review.

The usual approach structures the course into a series of doctrinal silos — e.g., begin with judicial review, then move to powers of Congress explored one at a time, then individual rights explored one at a time — with the cases assigned to the best - fitting silo.

Judicial Power's account: The Supreme Court speculates that Acts of the Scottish Parliament are subject to judicial review at common law, but not on the grounds of irrationality, unreasonableness or arbitrJudicial Power's account: The Supreme Court speculates that Acts of the Scottish Parliament are subject to judicial review at common law, but not on the grounds of irrationality, unreasonableness or arbitrjudicial review at common law, but not on the grounds of irrationality, unreasonableness or arbitrariness.

One commenter argued that the provision would limit the scope of the Inspector General's subpoena power for judicial and administrative proceedings to information concerning a litigant whose health condition or history is at issue, and would impose a requirement that the Inspector General provide a written certification to that effect.

A solution is for the Supreme Court of Canada to define the judicial hierarchy to allow for innovation at the trial level without overt or destabilizing confrontation of the decisions of higher courts while preserving appeal courts» corrective powers and power to stay orders pending appeal.