Sentences with phrase «other common law powers»

Underhill J acknowledged that it was well established that the Crown may not use prerogative or other common law powers in a field which is already the subject of statutory regulation.

Not exact matches

We are two nations: one concentrated on rights and laws, the other on rights and wrongs; one radically individualistic and dedicated to the actualized self, the other communal and invoking the common good; one viewing law as the instrument of the will to power and license, the other affirming an objective moral order reflected in a Constitution to which we are obliged; one given to private satisfaction, the other to familial responsibility; one typically secular, the other typically religious; one elitist, the other populist.

The other issues in Rio are mostly trouble for an American president, having to do with foreign assistance, inequitable distribution of wealth and power, oceans (the United States is still blocked from ratifying the Law of the Sea treaty by a small Senate bloc) and efforts to find common approaches to conserving global assets like the planet's biological diversity — a fight far beyond the power of a single leader to sway.

Pill LJ drew attention to the fact that other powers of entry and search are available to the police, eg under s 32 of PACE or at common law.

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.

These discovery and subpoena tools are all basically derivative of the common law trial subpoena power, and certain other powers that were vested in courts of equity, which is constitutionally recognized in federal criminal trials in the 6th Amendment which includes a right «to have compulsory process for obtaining witnesses in his favor» and applies in civil trials by tradition, court rule and statute.

So, in addition to the specific powers given by this Act (among others) they also have the powers of «a constable at common law»; that is they can draw on about 1,000 years of case law to determine what they can lawfully do.

A pupil's possessions may not be searched under EA 1996, s 550AA — which implies that possessions may be searched under common law or other powers — without the presence of a second member of staff.

Based on ground - up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles.

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