Sentences with phrase «proper judicial role»

The proper judicial role of the courts and their constitutional relationship with other branches of government

I readily accept that that question invites contestable answers — and that the extent of the proper judicial role is equally contestable.

While this is good news for folks like me who view the proper judicial role as weak, one wonders why federal district judges, unlike say Supreme Court Justices, tend not to be ideological in their decision - making.

Not exact matches

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

This case raises challenging questions about the proper constitutional role of courts, their appropriate function on judicial review, and the relationship between administrative tribunals and the judiciary.

Private standing has traditionally been viewed as the best way to operate our justice system because: it prevents mere «busybodies» from using up scarce judicial resources; it ensures contending points of view are raised by those personally invested in the case; and it preserves the proper role of courts and their relationship to the other branches of government.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

Our Chief Justice has delivered scores of judgments touching on everything from the finer points of contract law, to criminal law, to constitutional issues, including the interwoven roles of the legislative, executive and judicial branches of government, and the proper duties of each.