Sentences with phrase «power at common law»

The court had no power at common law to order a «closed material procedure» for the whole or part of the trial of a civil claim for damages.

We look at the powers at common law and in the Contempt of Court Act 1981 and illustrate the application of the rules with three important recent cases: Chris Jeffries, Levi Bellfield and the Milly Dowler murder case and the Birmingham Riots case

Not exact matches

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

At present Japan, the Philippines and Hong Kong are prominent examples where this power is vested in the ordinary courts, as is more commonly done in common law systems.

Due to the limitations of the Second Law of Thermodynamics, and the Carnot efficiency corollary, it is very difficult and expensive to get a heat engine to convert at better than 50 %, and it is more common to see 33 % for electric power generation at central power plants.

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.

16 The Crown has not argued the applicability of section 48, but instead relies on the powers of the police to make traffic stops at common law.

The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands of people whose lives have been damaged for lack of affordable legal services provided by competent lawyers; (2) the power of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way of programs on the way to socialized law; (3) the fact that self - regulation of the legal profession has been lost by the law societies in several jurisdictions of the common law world and the U.S; [7] and, (4) the fact that the consequences of the unavailability of legal services at reasonable cost will motivate the many non-lawyer legal service providers to offer legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.

He gave a bravura display of the forensic powers of a common law judge at the top of his game: the European Court, he argued, began a line of authority with a decision where it «gave no explanation»; had no requirement to say anything («it was not a rule that was relevant to the facts of the case»); and heard no argument.

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet... [more]

While it is true that, at common law, the police have the power to limit access to certain areas, this power is not unlimited — rather its use must be confined to the «proper circumstances» including fires, floods, car accidents, and crime scenes.

Along with the explicit powers under the Criminal Code, police had sweeping powers under Common Law to deal with people at the G20.

«At common law a police officer may carry out a «frisk» search of a person who has been lawfully arrested and the existence of reasonable and probable grounds is not a prerequisite to the existence of such a power.

R. v. MacDonald, 2014 SCC 3 (34914) Two stages: the court must ask whether the action falls within the general scope of a police duty imposed by statute or recognized at common law; if the answer is affirmative, the court must inquire into whether the action constitutes a justifiable exercise of powers associated with the duty.

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet a gleam in anyone's eye), jurisprudence, company law, sale of goods, secured transactions, trusts and family law.

He described... «the general power of the judge (which existed at common law and is enshrined in section 78 of the Police and Criminal Evidence Act 1984) to exclude any evidence relied on by the Crown... if its admission would have such an adverse effect on the fairness of the trial that it ought not to be admitted».»

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.

Judicial Power's account: The Supreme Court speculates that Acts of the Scottish Parliament are subject to judicial review at common law, but not on the grounds of irrationality, unreasonableness or arbitrariness.

It is hard to imagine, whether in common sense or at common law, that a head teacher who suspects a pupil of carrying a weapon has no power to find and confiscate that weapon.

That broad common law principle was subject to an anomalous, that was, unprincipled, exception regarding claims for interest losses by way of damages for breach of a contract to pay a debt: in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 it was decided that at common law a court had no power to award interest by way of damages for the late payment of a debt.

The power of the state to extinguish native title and the continuing exercise of this sovereign power underlies the development of native title at common law.

The absence, at the establishment of colonial power in Australia, of any recognition of the pre-existing sovereignty of Indigenous people over the same territory is not overcome by a concept which belongs solely to the common law of the colonial power.

It can be seen in the Miriuwung Gajerrong decision, as in the Mabo decision, that the construction of native title at common law as an inherently fragile and inferior interest in land, originates from an assumption that the nature of the power asserted by the colonizing state is singular, total and all - encompassing.

At common law... native title can be extinguished or impaired by a valid exercise or sovereign power inconsistent with the continued enjoyment or unimpaired enjoyment of native title.

It can be seen in the Miriuwung Gajerrong decision that the construction of native title at common law as an inherently fragile and inferior interest in land, originates from an assumption that the nature of the power asserted by the colonizing state is singular, total and all - encompassing.