Sentences with phrase «legislative intent as»

This explains why the jurisprudence no longer speaks of legislative intent as the source of the deference obligation and why the law has effectively abandoned the distinction traditionally drawn between judicial and appellate review.

For the Court of Appeal, Horizon's interpretation would ``... require this Court to divine legislative motivations that go beyond the legislative intent as expressed in the words of the statute.»

Not exact matches

On the other hand, willingly ignoring both the law, legislative intent, and the Constitution undoubtedly qualifies as impeachment material, should they want to pursue that.

As expected, the Department of Homeland Security said it would shut down the Deferred Action for Childhood Arrivals program in six months — what officials called an «orderly wind down» — with the intent of giving Congress time for a potential legislative fix.

It has been around for decades and debated repeatedly by members of the State Assembly so there is no confusion as to what the legislative intent is.

But in an unusually public rebuke of the governor's decision, Bharara said in letters to the commission's chairmen, obtained by the Times, that Cuomo's decision to disband the panel «gives the appearance, although I am sure this is not the intent, that investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders.»

«The sequence of these events gives the appearance, although I am sure this is not the intent, that investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders,» he wrote in a letter to commissioners.

State Supreme Court Justice Francis A. Affronti ruled on Feb. 13 that, based on the legislative history and intent of the education law, the unprecedented board action conflicted with the law, which requires school boards to give access to military recruiters «on the same basis» as any other employment or college recruiters.

While many colleges and universities say that graduates of redesigned high schools will not be disadvantaged in the admissions process, 66 family concerns about college admissions might inhibit enrollment in new high schools that use competency - based approaches.67 At least one state, Utah, has passed legislative language with the intent to bar public institutions of higher education from treating graduates of competency - based high schools unfairly during the admissions process.68 As new issues and challenges emerge, states will need to remain vigilant and creative about how to best encourage and enable innovative high school designs.

Hemp Production; Citing this act as the «Hemp Industry Development Act»; providing that hemp is an agricultural crop; providing legislative intent; requiring registration of hemp producers; providing registration requirements; providing exemptions; requiring rulemaking; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws, etc..

No legislative intent is visible in the enactments here to categorize this offence as one of absolute liability.

In any event, the purpose of the bill should be found in the Preamble, or failing this should be found by the statement of the bill's sponsor at 2d reading further to the rule in Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bill.

Given that the authority to determine the meaning of «expenses» had been vested in the tribunal and not in the courts, Justices LeBel and Cromwell's insistence that the tribunal interpret statutory provisions as if it were a court flew in the face of legislative intent.

While the result is a cumbersome calculation, I see no need to resort to any exceptional construction of the legislation, as discussed by Lamer J., as he then was, in R. v. Paul, [1982] 1 S.C.R. 621 at 662, in order to achieve the legislative intent of ss.

It may be that due respect for legislative intent is reflected not in semantics or presumptions about what sort of review attends a question of law, but in realistically defining what is a question of law (as compared to exercise of discretion or mixed fact and law).

To the extent the law as written does not fairly capture the legislative intent, the legislature is at liberty to amend it.

Legislative intent can be discerned from the text itself, but also from extra-textual sources such as legislatiLegislative intent can be discerned from the text itself, but also from extra-textual sources such as legislativelegislative history.

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

It is indisputably part of the judicial function that courts interpret legislation to resolve these cases as best it can according to legislative intent.

Generally, courts are allowed to adjudicate exceptions to legislative laws in order to avoid injustice as part of their intrinsic powers to interpret laws — typically by evoking legislative «intent» (whether real of imagined), That said, Alice / Mayo falls waaaaaay outside any rubric of statutory interpretation and legislative intent.

Prepared quarterly expenditure and encumbrance analyses and made adjustments as needed to ensure consistency with operating budgets and legislative intent

16 SB 319 / HCSFA S. B. 319 (SUB)- 1 - HOUSE SUBSTITUTE TO SENATE BILL 319 A BILL TO BE ENTITLED AN ACT 1 To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and 2 businesses, so as to provide that professional counseling includes diagnosing emotional and 3 mental problems and conditions; to clarify that persons licensed as professional counselors, 4 social workers, and marriage and family therapists are not authorized to conduct 5 psychological testing; to provide for legislative findings and intent; to provide for a 6 curriculum of continuing education relating to diagnosing; to provide for the establishment 7 of rules and regulations regarding testing conducted by licensed professional counselors; to 8 clarify that psychological testing is part of the practice of psychology; to provide that certain 9 licensed persons are able to perform certain tests other than psychological testing; to revise 10 definitions; to amend Code Section 37 -1-1 of the Official Code of Georgia Annotated, 11 relating to definitions relative to the general provisions governing and regulating mental 12 health, so as to conform a cross-reference; to provide for related matters; to provide an 13 effective date; to repeal conflicting laws; and for other purposes.

[FN114] As with other provisions, nothing suggests a legislative intent to limit parenting classes to those who seek interim orders, and the idea that such classes should be undertaken as soon as possible does not account for the cases in which no interim order is requesteAs with other provisions, nothing suggests a legislative intent to limit parenting classes to those who seek interim orders, and the idea that such classes should be undertaken as soon as possible does not account for the cases in which no interim order is requesteas soon as possible does not account for the cases in which no interim order is requesteas possible does not account for the cases in which no interim order is requested.

The court reversed the criminal conviction of the appellants, as it found that the plain language and legislative history of RESPA did not indicate an intent to include the...