Sentences with phrase «needs judicial interpretation»

Not exact matches

New Deal jurists pointed to the court's willingness to accommodate constitutionally dubious moral reforms to demonstrate the ultimate subjectivity of judicial decisions and the need for constitutional interpretation to evolve along with social and economic realities.

In this new regime, judicial interpretation rules the text, according to the Court's perception of the common good and the changing needs of the polity.

Many may argue that a lack of judicial review and an elastic interpretation of imminence are necessary in the murky world of counter-terrorism, where democratic governments need to fight ruthless enemies without one hand tied behind their back.

van den Berg synthesized two reasons for the effectiveness of the Convention being in danger — the scheme of the Convention no longer corresponds to the needs of the global community; and misguided judicial interpretation has precipitated the text beyond recognition.

But as the Supreme Judicial Court noted in Papadopoulos, «Because the plaintiff here did not slip on snow or ice during a snow storm, we need not and do not decide today whether we agree with this interpretation of the duty of reasonable care.»

Once we diagnose the need for why rules require interpretation, we can better assess the legitimacy of the judicial function.

On the contrary, Laskin J.A. affirmed the need for «judicial interpretation» to deal with new technology.

A major issue emerging from last year's government consultations on the issue was the role of fair dealing and the need to update the Copyright Act to better conform with judicial interpretation and general practices.

Judge Yu described the posting as to «coordinate» (配合) with this campaign, but is the author's way of saying that the law on these issues is confusing and all involved, whether they are judges, prosecutors, public security or defense lawyers need an authoritative steer through the forest of law, judicial interpretations, and other guidance.

Tim Johnson, real estate partner at DAC Beachcroft, says: «There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of «limited degree of conflict with this Framework» when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.»