Not exact matches
Unconscionable conduct (agrees with NFF that they have not
provided protection and support reforms «to
provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market
power (legal framework must «level the balance of market
power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and
provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater
power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the
judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)
However, several amendments were diluted or rejected outright: selection of
judicial candidates will likely continue to happen behind closed doors, the Brooklyn Democratic Party will continue to refuse to
provide basic support for Brooklynites looking to organize their own Democratic clubs, and unlimited
power via the proxies of absent County Committee members remain in the hands of the Chair.
I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can
provide necessary checks and balances on the ECJ enormous
judicial power.
In my view, this saga illustrates a positive side to the «conditional» acceptance of EU law primacy by national constitutional courts as the latter
provide checks and balances on the ECJ's enormous
judicial power.
Recognizing the critical importance of
judicial tenure, both in substance and appearance, Congress
provided special protections for administrative law judges, even as it afforded due deference to the constitutional
powers of executive agencies to render final agency decisions.
Part Four of the Bill contains proposals to make significant changes to
judicial review by restricting the
powers of the court to
provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.
The Model Penal Code: Sentencing project
provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of
judicial powers to review many collateral consequences of conviction; and many issues having to do with
judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.
Mr. Sirota sees «democratic process failures» as
providing judges with «the reason» to invoke the
power of
judicial review, and suggests that the presence of a failure could obviate the need for
judicial deference.
Prominent among these attributes of the
judicial function figures the
power provided for in Article 2, paragraph 3, of the Statute of UNAT:
The text of the statute
provides, in s. 3, that a judge or justice of the peace shall swear to «honestly and faithfully» exercise the
powers of
judicial office.
... it is of fundamental importance to the rule of law — and to the public's respect not simply for the
judicial system, but for the entire machinery of government — that the
powers and jurisdictions of the judge be discharged, not only responsibly and fairly, but in accordance with the customs and conventions of Canada's parliamentary democracy, and only as
provided by the rules of law governing their employment.
It is worth noting that although the two Measures, that on the Administration of Law Firms and that on the Lawyers Practice, effective since November 2016,
provide the
judicial administration organs with the
power to supervise and instruct law firms and lawyers, the prescribed
power is confined to the behaviours and performances in the professional realm.
Private and confidential dispute resolution process, which nevertheless
provides the arbitrator with
judicial power
Each senior justice of the peace or senior municipal judge assigned as
provided in this rule has all the
judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior justice of the peace or senior municipal judge is assigned.
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.
Each judge pro tempore assigned as
provided in this rule has all the
judicial powers and duties, while serving under the assignment, of a regularly elected and qualified justice or judge of the court to which he or she is assigned.
Judicial Power's account: The House of Lords found the rejection of the claimant's application for compensation by the FCC [the Foreign Compensation Commission] to be unlawful, despite legislation
providing that «determination by the [FCC] of any application made to them under this Act shall not be called into question in any court of law».
The repeal of such an act, pending an appeal
provided for by it, is not an exercise of
judicial power by the legislature, no matter whether the repeal takes effect before or after argument of the appeal.
Thereafter, in either of the above cases, whenever the governor transmits to the president of the senate and the speaker of the house his written declaration that no inability exists such vacancy shall be deemed to have terminated four days thereafter and the governor shall resume the
powers and duties of his office unless the chief justice and a majority of the associate justices of the supreme
judicial court, or such other body as the general court may by law
provide, transmit within said four days to the president of the senate and the speaker of the house their written declaration that the governor is unable to discharge the
powers and duties of his office.
Whenever the chief justice and a majority of the associate justices of the supreme
judicial court, or such other body as the general court may by law
provide, transmit to the president of the senate and the speaker of the house their written declaration that the governor is unable to discharge the
powers and duties of his office, the office of governor shall be deemed to be vacant within the meaning of this Constitution.
The context in which the interaction between the parties is to occur clearly goes beyond that of «negotiation and mediation pursuant to a «special» process
provided under the Act», (57) to a process whereby the State itself appears to usurp the Federal Court's
judicial power under s 94A, that is, that the State can make a judgment on whether the claimants have established the elements of s 225.