Sentences with phrase «power under statute»

The Crown Prosecution Services» designated case workers (DCWs)-- controversially awarded more power under statute this month — have been renamed associate prosecutors.

Mr Justice Phillips sitting in the Administrative Court rejected the claim on all grounds, emphasising the wide ambit of the Ombudsman's powers under statute.

Not exact matches

In recent years, the Supreme Court has overturned a growing list of congressional statutes on the grounds that they intruded into protected spheres of state sovereignty or exceeded Congress's delegated powers under the Constitution.

In a letter to Northern Ireland Secretary James Brokenshire seen by openDemocracy, Scottish National Party MP Martin Doherty - Hughes says that the public should know who funded the DUP's Brexit campaign — and points out that the Secretary of State has the power to publish all political donations since 1 January 2014 under legislation that is already on the statute books, but which has never been enacted.

Charter schools are nontraditional specialty schools operating under a contract that outlines powers, responsibilities and performance expectations replacing many state statutes governing public schools.

Duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute; and

So although this is traditionally thought of as a car or truck, motor vehicle refers to any vehicle that is powered by an engine, so motorcycles can be exempted under either statute if that serves the debtor's interests.

(b) This section shall not repeal, amend, modify, or diminish any right or power to charge and collect charges, fees, interest, or an interest surcharge existing under any other applicable state or federal statute, nor repeal, amend, or modify Public Law 96 - 221, enacted by the United States Congress and approved March 31, 1980, nor Section 5 - 2A - 24.

In these situations the power of inspection is necessary and in the public interest to ensure that persons acting under a regulatory statute are in compliance with the same.

Since then, the statute has seen a well - documented coming of age and an incredible rise to power transforming into the primary law in which unfair competition, unregistered trademarks, and trade dress claims are challenged under.

Under the principles of administrative law, government decision - makers must act within the ambit of power bestowed upon them by statute and they must act in a way that is sufficiently fair and transparent.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

the statute immediately under consideration is within the legislative power of Congress.

In addition, the mail and wire fraud statutes under which Blagojevich was charged have «enormous breadth» and may test the limits of prosecutorial power because it may ensnare perfectly legal conduct.

I take leave to say that the New York statute, in the particulars here involved, can not be held to be in conflict with the Fourteenth Amendment without enlarging the scope of the Amendment far beyond its original purpose and without bringing under the supervision of this court matters which have been supposed to belong exclusively to the legislative departments of the several States when exerting their conceded power to guard the health and safety of their citizens by such regulations as they in their wisdom deem best.

By - law offences are classified as provincial offences because the power to create by - laws is delegated by the province under provincial statute.

The classic case is that of Anisminic v Foreign Compensation Commission in which the House of Lords made it plain that errors of process and substantive errors that failed to match administrative law standards were reviewable notwithstanding a privative clause in the statute that conferred the decision - making power under challenge.

Campbell J refers (in para 22) to the «the breathtakingly arbitrary power to make government regulations which contravene the very statute under which the regulations are made.»

Section 13 of the Revised Statutes, providing that penalties and liabilities incurred under a statute are not to be extinguished by its repeal unless the repealing act shall so expressly provide, etc., is inapplicable where the statute imposing the penalties is rendered inoperative by the power of the people exercised through a constitutional amendment.

Mr. Mavrick persuasively argued to the court that his corporate client's actions were within its corporate powers since, under Florida Statutes § 607.302, the company has the general power to elect directors and fix their compensation.

On a day to day basis First Nations and Aboriginal people have to deal with government decision makers or are themselves governmental agencies exercising inherent government powers or powers delegated under statute or under modern treaty arrangements.

For example, a criminal code might define law enforcement officer in reference to arrest power, while another statute might used the term for H.R. and licensing regulations, and a third might use a functional definition for eligibility for a certain kind of tax deduction under state law.

Notices given by the Chief Legislative Counsel about the exercise of change powers under section 42 of the Legislation Act, 2006 respecting consolidated statutes.

Many statutes specifically state that there is a power to pass regulations under the terms of the statute.

Under Jud.Code § 262, the circuit court of appeals has power to issue all writs not specifically provided for by statute which may be necessary to the exercise of its appellate jurisdiction.

Under common law powers, and also pursuant to various statutes, any person who is before «a court of record having a criminal jurisdiction» (see, for example, Justices of the Peace Act 1968, s 1) may be bound - over to be of good behaviour, for any period, for any sum.

Those words contained a proviso which referred to another right of the City under section 29 of the governing statute (the St. John's Street Railway Act), namely, the right to purchase the assets and business of Newfoundland Power.

The statute provides that an agent acting under a power of attorney may not create a Transfer on Death Deed.

The split - recovery statute allocating 60 % of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.

Even in 1913, it was «well settled that the state may not, under the guise of exercising its police power or otherwise,... enact legislation in conflict with the statutes of Congress passed for the regulation of the subject, and if it does, to the extent that the state law interferes with or frustrates the operation of the acts of Congress, its provisions must yield to the superior Federal power given to Congress by the Constitution.»

By the power vested in the chief judge under article V, section 2 (d), Florida Constitution; section 43.26, Florida Statutes; and Florida Rule of Judicial Administration 2.215 (b)(2), it is therefore ORDERED:

Australian domestic law supports the proposition that states and territories should exercise the powers granted to them under Commonwealth statutes consistently with the international human rights treaties.

First, jurisdiction under the CWA is a fundamental and controversial concept to the law, and that the agencies have used their administrative powers to adopt broader and broader definitions of «waters of the U.S.» even though the statute has remained unchanged.

Created in 1980 by the Florida State Legislature under Chapter 190 of the Florida Statutes, a Community Development District is a local unit of special - purpose government, but it doesn't have regulatory powers of a county or city.