Sentences with phrase «powers of the court»

The power of a court to invalidate unconstitutional laws — «judicial review» — has been a feature of our government from the outset.

It is about the power of our people to govern themselves, and the power of this Court to pronounce the law.

He maintains that it simply stands for the power of the Court, as a coequal branch of government, to act on its own interpretation of the Constitution in deciding what it can and can not do.

Thomas Jefferson condemned the decision precisely because he viewed it as claiming a power of the courts to impose constitutional interpretations on the other branches.

Imagine someone in the government with power to censor serious debate over the origins of life, and you will understand the power of the court injunction in the Louisiana disclaimer case.

By advancing and acting upon his understanding of the power of courts, says Bork, «Barak surely establishes a worldrecord for judicial hubris.»

«Eric has used the power of the courts to protect the rights of our most vulnerable, defending against the Muslim ban, the end of DACA, and upholding the concept of sanctuary,» said Figueroa.

The 47 member states of the Council of Europe are discussing the British government's proposals to curb the power of the court.

Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

He made reference to a recent study which revealed that notwithstanding the existing powers of the court, husbands tend to make a far stronger economic recovery from divorce than wives.

The provisions of this paragraph shall not affect the powers of the Court.

Furthermore, ICS in CETA does not require the exhaustion of domestic remedies, which would soften the risk of divergent interpretation as well as respect the powers of the courts of the Member States to hear claims by individuals involving questions of EU law.

Part Four of the Bill contains proposals to make significant changes to judicial review by restricting the powers of the court to provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.

A federal appellate judge warned Friday that patent reform bills circulating on Capitol Hill threaten to erode the power of the courts to decide how cases are heard.

Restricting the power of the court to grant a remedy in cases where it is satisfied that a public body has acted unlawfully;

Its outcome will not affect the power of the Courts of England and Wales to deal with disputes where both parties are within this jurisdiction or where the common laws will apply in any case.

The parties involved include the government, because a libel judgment is enforced by the coercice power of the courts and is made according to the law.

(para. 30) The Court, moreover, repeated this point later on in paras. 290 - 293, notably pointing out that ISDS affects the powers of the courts of the Member States.

He wrote: «In my opinion, were it not for the power of the courts to give relief from the hearing fees, they would be an unconstitutional impediment to justice.

Moreover, the limited scope of the Act has also squeezed the power of the court to pass interim order where the arbitration is taking place outside Bangladesh, even if it is imperative to secure the interest of the claimant of the Arbitration proceeding.

The following sub-section provided that: «Nothing in this section shall affect the powers of any court to grant a decree of nullity of marriage.»

This role arises from the power of the court to grant the claimant a full or partial exemption from the obligation to pay legal expenses (including court costs, lawyers, experts).

A suit or lawsuit actually designates a filing in a district or circuit court which invokes the power of the court to take money away from the responsible party (or their insurance company).

Bryson J.A. determined that, in this context (single Judge sitting in chambers), the powers of the Court of Appeal are procedural and interlocutory (See Rules 90.37 & 90.40).

A Master of Legal Studies degree can help court administrators better understand the function of the judicial system, such as the process of complaint resolution, and the powers of the court, such as how a court oversees disputes and what a court can order to resolve them.

The court recognised that the ISPs are not guilty of any wrongdoing, and it rejected a submission that the power of the court is limited in certain circumstances.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal) and [2016] UKPC 33 Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

The extent of the common law power of a court to give assistance to the liquidator of a foreign company.

Hargreaves v Powys County Council Trading Standards Department [2015] EWHC 1803 (Admin) confirms that neither the powers of the criminal courts under section 78 of PACE nor the powers of the court under section 59 are a suitable alternative remedy.

The power of the court to ensure that disclosure is met is not affected by the inquiry process.

Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

An objection to jurisdiction on the ground of exemption from the process of the court in which the suit is brought, or the manner in which a defendant is brought into it, is waived by appearance and pleading to issue, but when the objection goes to the power of the court over the parties or the subject matter, the defendant need not, for he can not, give the plaintiff a better writ.

The powers of the court to make orders to provide for such provision are set out in Section 2 of the Act and are very wide.

If a probation officer is attempting to usurp the power of the court, then the probationer should direct their attorney to contact the sentencing judge.

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.

Unless agreed otherwise, the court can then enforce the peremptory order on application by the tribunal, on application by a party with the permission of the tribunal, or where the parties have agreed that the enforcement powers of the court should be available (1996 Act, section 42 (1) and (2)-RRB-.

One consideration is whether the institutional rules cut down the power of the court...

WCAT wrongly equated the common law power to reopen an appeal to cure a jurisdictional defect with the power of a court on judicial review.

The Court of Appeal found that, were it not for the power of the courts to grant exemptions from paying hearing fees, the fees would be an «unconstitutional impediment to justice.»

These rules amend the Family Proceedings Rules 1991 following the amendment of the Family Law Act 1996 by the Domestic Violence, Crime and Victims Act 2004 to provide that breach of a non-molestation order is a criminal offence and to limit the power of the court to attach a power of arrest to an occupation order only.

Until a president is appointed, the senior law lord is entitled to exercise the rule - making powers of the court.

Last week, a federal court in Ohio (in Voltage Pictures, LLC v. Does 1 - 43, 2013 WL 1874862) expressly recognized the concern that some production companies have been «misusing the subpoena powers of the court, seeking the identities of the Doe defendants solely to facilitate demand letters and coerce settlements, rather than ultimately serve process and litigate the claims.»

We find no authority whatsoever that permits a judge to delegate the inherent power of a court to sanction for contempt, without a hearing or any other due process consideration that is otherwise exclusively reserved to constitutionally elected judges in this state.

The initial response to my question of whether judicial interpretations are binding was that views differ among (Chinese) arbitrators, but that it is an issue arbitrators keep in mind because of the power of courts to review arbitral awards.

[4] Jurisdiction is the power of the court to render an enforceable judgment.

He openly accepts that Scott v Scott «was addressing a very important principle, that justice should be administered in public» but «nothing in that case is authority for the power of a court to abrogate a long - standing common law right directly bearing on the ability of a criminal defendant to defend himself».

The ability of the court to vary an existing order was given by CPR 3.1 (7), «a power of the court under these rules to make an order includes a power to vary or revoke the order».

More broadly, this ruling will be studied closely by constitutional lawyers as it addresses a number of central issues, including the interplay between the Government's executive powers in international law and legislative sovereignty, the powers of the Court to supervise the exercise of prerogative powers particularly where existing law or rights are affected, and the fundamentally political, not legal, nature of the Sewel Convention on consultation of devolved legislatures.