Sentences with phrase «lawful exercise of the powers»

It had already been found in R. (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 Admin that detaining somebody for the purpose of prosecuting them under section 35 was not a lawful exercise of the power to detain which could only be used for the purpose of deporting the person concerned.

Not exact matches

«Moreover,» Chertoff continued in a 25 - page memorandum of law, «because the rules and procedures governing the Commission's exercise of its powers remain shrouded in mystery, the Commission has exceeded its own lawful authority to issue the subpoena.

The older cases proceeded on the basis that the requirement of just compensation for property taken for public use referred only to «direct appropriation, and not to consequential injuries resulting from the exercise of lawful power.»

UNISON applied for a judicial review of the Fees Order and argued that it was not a lawful exercise of the Lord Chancellor's statutory powers because the fees interfered unjustifiably with the right of access to justice under the common law and EU law, frustrated the operation of legislation granting employment rights, and discriminated unlawfully against women and other protected groups.

remedy for this, however, lies, not in the abuse by the judicial authority of its functions, but in the people, upon whom, after all, under our institutions, reliance must be placed for the correction of abuses committed in the exercise of a lawful power.»

In making the grant, it is assumed, that the legislature merely granted what was its own; and if the plaintiffs have suffered by the exercise of a lawful power, it is a case of damnum absque injuria, for which the law gives no remedy.

Consistent with federal law and Departmental responsibilities, the Justice Department consults with tribal governments concerning law enforcement priorities in Indian country, supports duly recognized tribal governments, defends the lawful exercise of tribal governmental powers in coordination with the Department of the Interior and other federal agencies, investigates tribal government corruption when necessary, and supports and assists Indian tribes in the development of their law enforcement systems, tribal courts, and traditional justice systems.

The power of the Board of Directors is superior in ordinary matters, so long as it is exercised lawfully and in lawful transactions.