Sentences with phrase «law doctrine by»

Escheat is the common law doctrine by which unclaimed property is returned to the Crown.

Not exact matches

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

It was only if those requirements were relaxed as a matter of federal law that it would become necessary to consider if those requirements could continue to apply ex proprio motu, or if they were inoperative or inapplicable by virtue of the doctrines of paramountcy and / or interjurisdictional immunity.

@Bryan — funny, I see the biggest and most hypocritical violations of Christian doctrine by Fundamentalist Christians who are quick to try to enforce their religious law on non-adherents.

The document criticizes «doctrinal or disciplinary security,» «an obsession with the law,» «punctilious concern for... doctrine,» «dogmatism,» «hiding behind rules and regulations,» and «a rigid resistance to change,» while reprimanding those who «give excessive importance to certain rules,» overemphasize «ecclesial rules,» believe that «doctrine... is a closed system,» «feel superior to others because they observe certain rules,» have «an answer for every question,» wish to «exercise a strict supervision over others» lives,» «long for a monolithic body of doctrine guarded by all and leaving no room for nuance,» believe that «we give glory to God... simply by following certain ethical norms,» and «look down on others like heartless judges, lording it over them and always trying to teach them lessons.»

Richard Dawkins merely states in unvarnished form doctrines that other scientific metaphysicians take for granted: In the beginning were the particles and the impersonal laws of physics; life evolved by a mindless, non-teleological process in which God played no part; and human beings are just another animal species.

You're actually insisting that thousands of years of church doctrine be cast aside along with the laws given to us by God so you have the freedom to do whatever you want without consequence.

«New natural law» is an oxymoron if natural law is by definition immutable, and invoking it to impute intrinsic evil to capital punishment paves the way — logically, if unintentionally — to undermining doctrine against contraception, abortion, and sexual inversion.

It doesn't have rigid laws and doctrines that are constantly being disputed by varying sects - once again only a religion thing!

Natural law doctrine only makes sense in a universe governed by a benevolent Creator.

There are the essential core doctrines of the faith, (that we are saved by faith, that we are no longer under the law, for example) and then there are the details (eating meat sacrificed to idols, for example).

I think we agree on the fact that it is by faith that all are saved i have no problem with that and its in that that there is unity.You find within any christian modern church law can be mixed with Grace that is not peculiar to any domination maybe it is more extreme in some.Where there are believers there are works of the flesh such as pride and self reliance.I was thinking today the word says if we believe in our hearts and confess with your mouth that Jesus is Lord then you shall be saved.Its not a hard doctrine to believe thats in its basic form.The seventh day have tacked on to that belief adherence to the sabbath that is sadly how denominations spring up.In the anglican church we still recite the apostles creed how many church still do that today as a basis for there faith in Jesus Christ.Your statement that some are saved is just as true to those who go to modern christian churchs who say they are christian but walk according to the flesh..

The workers of lawlessness will be cast away, even those who at one time believed in Christ or were seduced by the false doctrine of believing that God's law no longer applied to them and that they could sin with abandon and impunity.

So much is this true that the total separation of faith and religion from life and culture became a cardinal principle of a new outlook, now called The Philosophy of Science, the doctrine of which is that nothing is valid in society, in community law, or in educational principle, unless it belongs to the experimental order and can be proven by the senses.

He offers his work as a «first step toward reclaiming natural - law doctrine as an exegetical, and not solely philosophical, project» that is, «natural law» as understood by the Christian tradition prior to the modern reconfiguration of natural law.»

That didn't come to much: the Chippewa were resettled by the government shortly afterwards, and, in any case, it is difficult to imagine those theologically rigorous Lutheran immigrants» insistent at all times that the distinction between law and gospel be strictly maintained» having much success in proselytizing efforts among a people to whom the simplest expressions of Christian doctrine would have seemed quite esoteric.

For if Bultmann's final defense of an existentialist theology is not that it is apologetically imperative, but that it is, with respect to belief, the contemporary expression of the Pauline doctrine that we are justified by faith alone without the works of the law, it seems to me that the final and comparably sufficient defense of a liberation theology is that it is, with respect to action, the contemporary expression of the equally Pauline doctrine that the only faith that justifies is the faith that works by love.

Much of the Thomism criticized by Barth did appear to treat reason and natural law as though they were independent of a Christian doctrine of God.

Finally, though they are not as numerous, but still quite important in their influence, there are Reconstructionists, who aspire to replace civil codes with biblical laws, even to the point, among hard - liners, of making homosexuality, adultery, blasphemy, propagation of false doctrine, and incorrigible behavior by children punishable by death.

Not by mandates from laws or church doctrine, doctrines / churchs are man made PERIOD.

Our radical attempt to demythologize the New Testament is in fact a perfect parallel to St. Paul's and Luther's doctrine of justification by faith alone apart from the works of the Law.

a significant percentage of «believers» continually try to impose their beliefs on everyone by codifying their doctrine in law.

Western culture may be compared to a lake fed by the stream of Hellenism, Christianity, science, and these contributions might offer an extremely valuable way of considering the conceptions of a life of reason, the principle of an ordered and intelligible world, the ideas of faith, of a personal God, of the absolute value of the human individual, the method of observation and experiment, and the conception of empirical laws, as well as the doctrines of equality and of the brotherhood of man.

The 1985 Congregation for the Doctrine of the Faith Instruction on Respect for Human Life states, «By virtue of its substantial union with a spiritual soul, the human body can not be... evaluated in the same way as the body of animals... The natural moral law expresses and lays down the purposes, rights and duties which are based upon the bodily and spiritual nature of the human person.»

The CPC's control over religion is to be exerted not only through law, but also by reconciling religious doctrine with the party's socialist values.

«Any law passed by Congress to impose its will and mandate cameras in the Supreme Court would violate our fundamental doctrine of separation of powers.»

Since the Glorious Revolution, the bedrock of the British constitution has traditionally been the doctrine of parliamentary sovereignty, according to which the statutes passed by Parliament are the UK's supreme and final source of law.

Although not a law per - se, executive privilege was accepted by the Supreme Court of the United States as an application of the seperation of powers doctrine from the United States Constitution (see: United States v Nixon).

Once they have made that pronouncement, never would the executive under section 5 headed by Mr. President which execute laws made by the National Assembly under section 5 of the constitution nor the legislature which is bicamerally controlled by the Senate President and the Speaker of the House of Representatives, none of them has the power to tell a court of law that the bail you have granted we are not obeying it because of that hallowed doctrine of the separation of powers.

The next instances and judicial processes started on Catalonia will be expired before the court of the Catalonia territory and if applicable before the Catalan High Court, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme Court.

This is supposedly based on standard «self defense» war doctrine which is recognized by United Nations, although specific legal issues are subject to much debating and frequently are more a matter of opinion than law.

As defined in publications of the Institute for Creation Research and in laws passed or under consideration by several state legislatures, this doctrine includes the statement that the entire universe was created relatively recently, i.e., less than 10,000 years ago.

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

Betsy DeVos has served on the board of the Acton Institute which has featured events by Christian Dominionist Gary North who is on record writing, without irony: «So let us be blunt about it: we must use the doctrine of religious liberty to gain independence for Christian schools until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government.

Jim Crow was a localized form of state - sponsored oppression that was, at the time illegal based on federal law but allowed to continue by apathetic and politically expedient federal authorities under the guise of furthering a doctrine of «states rights»; the same euphemism for slavery the southern plantation owning oligarchs used to rationalize secession and trick the poor white southerners to fight a war and die in the millions.

Lawyer does not owe / 10.35 of Circular 230 was amended to require opinions to «relate the applicable law (including potentially applicable judicial doctrines) to the / top ten most influential people in the sphere of global taxation for three years in a row by the /

The author misrepresents the 2nd law of thermodynamics and then compounds the felony by propounding a doctrine (the idea that gravity by itself can create a permanent gradient of temperature in an atmosphere) which really does violate the law.

The cert petition notes that the cy pres doctrine originated in trust law, and it allowed courts to change a trust or charitable gift that became impossible to administer by its terms.

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 a jurisdiction that has prided itself on the importance of «doctrine» in interpreting the law, the fact that the major French language university opts for content with the lowest common denominator, while a foreign owned commercial publisher offers an authoritative work by leading academics and legal practitioners, is a remarkable case of role reversal, as well as a reflection on how times have changed.

In a short judgment (concerned with the extent to which courts were bound by Privy Council decisions) Lord Neuberger said: «In a common law system, where the law is in some areas made, and the law is in virtually all areas developed, by judges, the doctrine of precedent, or as it is sometimes known stare decisis, is fundamental.

That follows the liberal Common Law doctrine of freedom of contract (i.e. let the parties decide for themselves what they wish to be bound by).

Its shift in doctrine is construed as a reinterpretation of Article 24 (2) of the Constitution, resulting from the interpretive guidance provided by international treaties and case law.

The striking difference was that while in a common law faculty, first year students are inundated with judgments, civil law students read a half - dozen judgments and mostly relied on a text, «doctrine» as civilians call it: a book that summarized the area of law, usually by the prof or another leading scholar.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

Part III of the Article will suggest ways of translating these ideas into other settings — no matter how the curriculum is structured — by recommending other ways of integrating analysis and writing skills with theory and doctrine in law school courses.

By integrating writing and doctrine in the first semester, we are sending a message to our students, at outset of their legal education, that there is no real divide between analyzing legal doctrine and the writing that communicates that analysis.54 By writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from teaching both courses together.57 What follows are some specific synergies that I have observed in teaching the integrated LA&W and Introduction to Torts courses.

Olivier de Schutter argues that the Bosphorus doctrine, originally conceived by the ECtHR as a «presumption - of - compliance» doctrine vis - à - vis EU law, must ultimately be abandoned after accession (p. 177).

In addition to recognising the doctrine in substance, the Supreme Court even goes as far as to use both these terms by name by referring to the «primacy of EU law» at Paragraph 66 and the «overriding supremacy» of the source of EU law in the hierarchy of domestic law sources at Paragraph 81.