Again, no one is claiming that Thomas's position is identical with Scalia's, but, given what the great Catholic theologian had to say about the limits
of judicial authority in reference to the written law, his position is far closer to that of the late justice than to the idea of a «living» or «evolving» Constitution so ubiquitous today.
You'll notice, for instance, that they are very much in favor
of judicial authority (which includes its enforcement mechanisms, like the police) maintaining law and order, policing the border, and so on.
Of course, the conventional reading of Marbury — shared by the decision's friends and foes alike — has it standing for a considerably broader scope
of judicial authority.
With the enhancement of the dignity of the bishop and the extension
of his judicial authority under the patronage of the Empire, the old cathedra upon which the ante-Nicene bishop had sat in his capacity as teacher, was gradually converted into a veritable throne, imitative of that of the emperor.25 It is quite possible that the courtly protocol and the sartorial details of the so - called Donation of Constantine are a reasonably accurate description of the dress, insignia, and prerogatives of the chief bishop of the West in the late imperial period, that even the account of the bestowal of these privileges primarily errs in fictionally ascribing to one emperor what was probably done by several in the course of the fourth and fifth centuries, and that once the fictional monopolization of these prerogatives by one bishop is removed, the Donation is recognized as supplying us with a picture of a late imperial prelate.26
Writing for a unanimous court, Chief Justice Warren Burger explained that the case involved the limits
of judicial authority, and he sought to distinguish the scope
of judicial authority from the authority of school officials.
There is a bit
of judicial authority that information on an «official» web site is more readily admissible in court than information would be from a private site.
In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2)
of the Judicial Authority Law.»
Article 7 (2)
of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».
According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7
of the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).
However, he held that the execution should not go beyond the DIFC jurisdiction, as Article 7 (2)
of the Judicial Authority Law only allowed judgments, decisions and orders rendered by the DIFC Courts to be referred for execution.
According to article 111 of the Constitution every citizen may appeal to the Supreme Court for violation of the law against any decision
of the judicial authority, without issuing any appeal in civil or criminal, or against any meas - ure restricting personal freedom.
In Stern v. Marshall, the Supreme Court addressed the scope
of judicial authority conferred upon courts under the Constitution.
Thus, a provision in divorce judgment submitting to an attorney for the minor children for binding arbitration any controversy that may develop regarding parenting schedule constituted an improper delegation
of judicial authority and was void.
An application can be made to the DIFC Court to recognise a foreign court money judgment rendered in England (or from another jurisdiction) and once there is a DIFC Court Judgment / Order recognizing the foreign judgment the party seeking enforcement can now request the DIFC Court to issue an execution letter to the Chief Justice of the Dubai Courts pursuant to Article 7 (2)
of the Judicial authority Law.
Awards recognised by the DIFC Court may be enforced outside the DIFC in accordance with the Judicial Authority Law and recognition under this Law includes ratification for the purposes of Article 7
of the Judicial Authority Law.
In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight
of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.
Beyond these powers we must not go; we must scrupulously observe the narrow limits
of judicial authority even though self - restraint is alone set over us.
In my judgment, the opinion of the majority of the court in that case is in conflict with its previous decisions, with a great weight
of judicial authority in other slaveholding States, and with fundamental principles of private international law.
When the application of them is doubtful or intricate, the interposition
of the judicial authority becomes necessary.
The Supreme Court of Canada has issued a significant decision on the question
of judicial authority over withdrawal by counsel in scheduled criminal proceedings:
The Supreme Court of Canada has issued a significant decision on the question
of judicial authority over withdrawal by counsel in scheduled criminal proceedings: R. v. Cunningham 2010 SCC 10.
The importance of the subjective experience of court users for their perception of the legitimacy
of judicial authority is well established.
Naturaly, I don't agree with the article, but that's because I don't share its minimalist view
of judicial authority.
Instead
of judicial authority, in the appropriate and apt way, by legislative authority, in an anomalous and unapt way: and at an expense which not one person out of several thousands is able to defray.
The legitimate extent
of judicial authority is a perennial and thorny question.
The Judiciary in general, and this Supreme Court in particular, has a central role in the protection of that Constitution and in the realization of its fruits so these may inure to all within our borders; and in the exercise of that role, we choose to keep our latitude
of judicial authority unclogged: so the Supreme Court may be trusted to have a watchful eye over the play of the Constitution in the fullest sense.
Not exact matches
Earlier this year when U.S.
authorities tried to seize a luxury yacht belonging to Low that was anchored off Bali, he accused them
of judicial overreach, Malaysian media reported.
Under Greek law, parliament must first investigate allegations against lawmakers before they can be stripped
of immunity and prosecuted by
judicial authorities.
Currently, he is a Board Member
of the Latvian Association
of Tax Advisors, where he represents the professional interests
of tax consultants in discussions with representatives
of the Ministry
of Finance and officials
of Tax Administration.As a financial and legal advisor, Ainis has participated in various investment and management projects, provided consultations on tax planning, tax legislation, tax risk evaluation as well as represented his clients in financial and
judicial authorities.
and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver
of any rights the parties would otherwise have to any form
of appeal or recourse to a court
of law or other
judicial authority, which rights are expressly reserved.
It must recognize the Constitution as a legal text subject to legal interpretation by judges who derive their
authority to render a
judicial decree from the existence
of the Constitution as a source
of law.
A standard argument advanced by partisans
of judicial supremacy is that the only alternative to tolerating the unrestrained
judicial usurpation
of democratic legislative
authority is «legal anarchy.»
The
judicial branch
of government has no
authority here, according to Bush.
The parent has applied for a
judicial review
of the case, after
authorities refused to issue a birth certificate with a gender designation.
In such cases, we can either settle the issue by violence, or we can set up some
authority to decide the matter, in which case we get
judicial authority,
of which the paradigm is the court or the judge.
As both prophet and judge, Deborah exercised complete religious, political,
judicial, and militaristic
authority over the people
of Israel.
Its reliance on legislative and
judicial procedures to decide a complex theological, moral, and ecclesial matter has only heightened even more the disagreement while minimizing the possibility
of serious, sustained engagement on basic issues such as theological anthropology, justification and sanctification, the nature
of sin, repentance and forgiveness, Scriptural
authority, and the nature and purpose
of ordained ministry.
They may end their relationship at any time, without the exercise at any point
of control by a
judicial authority.
According to the standard account
of the matter, the power
of judicial review — that is, the
authority of the federal judiciary to invalidate acts
of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise,
of the Supreme Court's ruling in the 1803 case
of Marbury v. Madison.
After Pell was order to stand trial, Vatican spokesman Greg Burke issued a statement saying: «The Holy See has taken note
of the decision issued by
judicial authorities in Australia regarding His Eminence Cardinal George Pell.
The first, thus may be considered as the military responsibility and the second the
judicial responsibility
of the sovereign, the state or the public
authority.
Though the elected representatives
of the people may complain about particular
judicial rulings and try to influence those rulings through
judicial appointments and party platforms, none challenge the
authority of the ruling principle itself.
The Vatican in a statement Friday registered «strong shock for the manner in which some
of the raids were carried out yesterday by the
judicial Belgian
authorities» and expressed indignation that two cardinals» tombs were violated.
The Vatican therefore has the
authority and responsibility to conduct
judicial hearings for breaches
of civil law.
«The proposition
of law is one which, I think, has been accepted by the highest
judicial authority, and acted upon for a great number
of years.
All
judicial authorities agree that this revenue not only finances good living for bad men but also provides the capital for a variety
of crimes.
There is also the small matter
of persuading sponsors and the
judicial authorities of both the United States and Switzerland that the «owner»
of the world's most popular sport is on the right track back to economic and political sanity.
We are happy to report in response to a lawsuit filed against the Commonwealth's regulatory use
of priority habitat screening to protect endangered species, the Massachusetts Supreme
Judicial Court has ruled unanimously to affirm the state's
authority under the Massachusetts Endangered Species Act (MESA).
The ruling in the Illinois Appellate Court First
Judicial District upheld a lower court's ruling that the park district has the
authority to sell a 2.82 - acre parcel in the northwest section
of Gordon Park, according to court documents.
The initial draft provided that the president would be removed from the process
of naming chief prosecutors and that the
Judicial Inspection, the institution in charge
of investigating magistrate misconduct, would be placed under the Justice Ministry's
authority.