Sentences with phrase «jurisdictional powers»

He then turns to some difficulties that have attended the increase in the number of international courts and the expansion of their jurisdictional powers.

As was noted in the Stevedores case -LRB-[1955] SCR 529), paragraph 2 (i) is «merely an omnibus paragraph»; it does not create any new jurisdictional powers.

Wildrose opposition finance critic Rob Anderson said he agrees with Horner «100 per cent,» adding Alberta should not be giving up its jurisdictional powers on important issues.

As a result, Melloni and Fransson tipped the balance of constitutional jurisdictional power in favour of the European court, in detriment to state ones.

Furthermore, appellate courts, like the Alberta Court of Appeal in Sahaluk II, do not have the jurisdictional power to override the wide discretion of Charter section 24 (1) remedies with restrictions (at para 15).

Not exact matches

«Any attempt by the judge here to compel prosecution through the use of his contempt power exceeded his jurisdictional authority.»

• Article 95.2, that points the competence of the High Court to unify doctrine, the Constitutional court clarifies that this competence doesn't limit the possibility to be regulated for the Organic Law about Power of Attorney to regulate that in every historic moment the jurisdictional function is up to the High Court, and therefore what is pointed in the autonomy statute is not qualification.

Two key factors appear to have persuaded the NLRB on the jurisdictional question: (1) the Texas Commissioner of Education's ability to reconstitute the governing board of a charter school, including the power to make appointments to the board upon reconstitution; and (2) the power of reconstitution is unreviewable unless arbitrary or clearly erroneous.

«The stop gap provisions would have been implemented only in the event the U.S. Supreme Court denies the FERC's petitions seeking review of the Electric Power Supply Association v. FERC jurisdictional issue.»

One can attach the label «jurisdictional error» to this list, but the contents of the list are of greater practical importance: hence the emergence shortly afterwards of Lord Diplock's GCHQ typology of legality, rationality and procedural propriety; * and the notion that public law is concerned with controlling «abuse of power».

The judgment of dismissal carried enough jurisdiction, so to speak, so that the award of costs was a proper incident to the trial court's power to adjudge the jurisdictional defense in the first instance.

Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the arbitration agreement and jurisdictional issues in view of latest case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in cases involving States.

WCAT wrongly equated the common law power to reopen an appeal to cure a jurisdictional defect with the power of a court on judicial review.

WCAT has been exercising a reconsideration power to review for jurisdictional defects for approximately 10 years, during which time it has adjudicated about 700 applications, and has allowed over 100 of them.

~ It is in error for an administrative tribunal to interpret its power to reopen an appeal to cure a jurisdictional defect as extending to include a review to determine whether its own decision was patently unreasonable.

WCAT interpreted the common law power to reopen an appeal to cure a jurisdictional defect as «authority to set aside one of its decisions», and considered the standard of review set out in s. 58 of the Administrative Tribunals Act (ATA) applicable.

However, where a question of law falls into one of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division of powers; (ii) issues «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (iii) «true questions of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».

The jurisdictional split in powers between the federal government and provincial governments may make it too complex to execute.