Sentences with phrase «of judicial functions»

Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service.

Proposed for the Exercise of those Judicial Functions, the adequate Discharge of which by the whole House has, for these six or seven Years, been rendered confessedly impracticable, by want of Time.

The willingness of the KBA to totally ignore an evaluation of judicial functions and judicial immunity is clearly supported by their actions against Judge Bamberger.

The purpose of the JCC is to provide a body with knowledge of judicial functions.

Usurpation of judicial functions.

There is no division of judicial functions any more.

They proceed to warn the CJEU that any judicial intervention on this subject would be an overreach of their judicial function, «effectively usurp [ing] the role of the Member States in negotiation a political solution» [para. 183].

Prominent among these attributes of the judicial function figures the power provided for in Article 2, paragraph 3, of the Statute of UNAT:

Unless we return to this view of our judicial function, unless we once again accept the notion that the Bill of Rights means what it

This amounts to an exercise in free speech rather than an exercise of any judicial function.»

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

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

Judicial dialogue demonstrates that the courts still express considerable deference to the executive and the legislature in how policy decisions are made, and this deference is a central component to respect of the judicial function in a democracy.

The Forum was created with a view to raising the awareness of judges of the key role of the judicial function in the effectiveness of sustainable development.

This is telling, in that it demonstrates the nature — and, I would argue, thinness — of the conception of the judicial function that is implicit in Judicial Power's list of cases.

The guidelines evidence a failure of the CRTC to create the appropriate structural separations to protect the enforcement function from compromising the independence of the judicial function.

Addressing the importance of the idea was expressed by Judge Roger Alton Pfaff, presiding judge of the Superior Court of Los Angeles remarked, «California has become a model for conciliation services as a part of the judicial function for other states to emulate and each year we find jurisdictions creating such services.

California has become a model for conciliation services as a part of the judicial function for other states to emulate and each year we find jurisdictions creating such services.

Let's start with the problems with parenting coordination that every lawyer knows: inappropriate delegation of the judicial function, impediment to court access, and denial of due process.

Not exact matches

Comes very near to the position of Tödt, so far as the authenticity of sayings is concerned, but argues that Jesus thought of himself as Son of God and used the Son of man idea to denote himself «reinstalled in his heavenly seat... exercising his intercessory or judicial functions».

And second — and consequently — in practice the interpretation and application of the law become a function of whatever happens to suit the tastes of those who determine cultural values and wield judicial power.

More recently, in 1996 when this journal pointedly addressed judicial usurpation in a way that raised the question of the legitimacy of the political order as it presently functions, Commentary reacted with alarm to the suggestion that all polities and parties are subject to transcendent moral judgment.

In the days of the kingdoms the priesthood enjoyed secular power through its judicial functions.

The legal institutions, which existed were to protect the status and power of the ruling Yangban class; therefore they functioned punitively turning the people into the victims of the local magistrates, who were the administrators in judicial and other areas.

Effective government, says our Constitution, must have a system of checks and balances, divided and, to some degree, autonomous branches with executive, legislative, and judicial functions.

While much of East Asia has adopted Western civil and common law legal systems, only a few countries have fully functioning systems of constitutional judicial review.

Back to the National Assembly where a wrong type of economic conversation was going on in relation to the beleaguered MTN Nigeria as some members of the House of Representatives decided that in addition to their considerable legislative duties, they desired to hijack the duties of the Attorney General of the Federation (AGF), those of the telecommunications regulators - NCC and the Ministry of Communications and indeed the judicial functions of our courts as well!!!

Similarly, the Act does not work any judicial usurpation of properly executive functions.

They insisted that the decision of the judge amounted to «strict judicial compartmentalisation» of the functions of the Nigerian police and the DSS.

He stated, «It is executive lawlessness and usurpation of investigative functions of the judicial arm of government.

Section 100.5 of the New York State Advisory Committee on Judicial Ethics Handbook states that a judge or candidate for elective judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political Judicial Ethics Handbook states that a judge or candidate for elective judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose.

Once the state has decided on its policy position, however, a judicial presence should be maintained to ensure that the chosen policy is fully funded, is implemented in a coherent manner, and results in substantially improved student performance, as measured by validated assessments of academic achievement and of students» ability to function as capable citizens and workers.

(You know the sort...» you immediately surrender title in fee simple to every thought that passes through your head beginning six weeks before you sign this agreement and ending when your state of brain death is confirmed by three qualified neurologists of our choosing and hired at your estate's expense, and if you cease doing business with us, we reserve the right to enjoin you from ever working in your field again in any country with a functioning judicial system»... that kind of thing.)

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This overwhelmingly «christian» congress represents an overwhelming «christian» nation has that: performs a million abortions a year, has out 40 % of births out of wedlock (approaching 70 percent in minority communities), has a Supreme Court that has ruled that virtual child pornography is protected by the first amendment, has a culture that teaches ever younger girls (through movies, music, tv, books and magazines) that their primary function is as living sex toys for men, forces religions to provide insurance to include abortifacients against their faith, and is rapidly redefining marriage by judicial edict.

The protocols promote greater cooperation and early settlement and facilitate efficient case management to control the pre-action behaviour of the parties, performing an important function in filtering out which cases require judicial attention.

The court stated the classic position on the proper ambit of judicial review, ie that the function of the court is «to review the decisions of statutory decision makers applying public law principles».

Indeed, the ABA Model Code of Judicial Conduct, in the «application» section, provides that the code applies to all full - time judges, and goes on to define «judges» as «anyone who is authorized to perform judicial functions, including... a member of the administrative law judiciaryJudicial Conduct, in the «application» section, provides that the code applies to all full - time judges, and goes on to define «judges» as «anyone who is authorized to perform judicial functions, including... a member of the administrative law judiciaryjudicial functions, including... a member of the administrative law judiciary.»

As a matter of policy, it makes sense to immunize judges in all their judicial functions, even when a judge acts with malicious intent, University of Pittsburgh law professor Arthur Hellman tells Jones.

Rather, the ABA says it is concerned that the failure to explain the denial «risks the improper implementation of the waiver policy, undermining its utility, interfering with this court's judicial review function and potentially violating petitioner's procedural due process rights.»

Through public programs, contests and other events across the country, we will promote the importance of an independent and co-equal judicial branch as part of a well - functioning government.

Decisional independence is the cornerstone of a properly functioning judicial and quasi-judicial system.

By the 1830s, Upper Canada had a fully - functioning judicial system including superior, county and district courts, a court of equity (called the Court of Chancery), and a small claims court (called Division Court).

In an interview with AdvocateDaily.com, Toronto criminal and constitutional lawyer Annamaria Enenajor says this ruling is the latest in a number of decisions that «reflect the reluctance of Canadian courts to permit the legislative branch of government to usurp core judicial functions.

The respondents asserted (as characterized by the court) that «the proper function of judicial review is to determine whether the decision itself was reasonable and whether the decision makers had the jurisdiction to make the decision.

There are judges who are doing a sterling job of trying to figure out how to retool their role and function to deal with self reps (and without much in the way of judicial education or support).

Several states have seen legislative efforts to change the composition and role / function of their judicial disciplinary bodies in 2011.

«RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified Patent Court the full application of, and respect for, Union law in their respective territories and the judicial protection of an individual's rights under that law;

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Consequently, for a judge not to allow defense voir dire / cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.