Sentences with phrase «sufficient legal basis»

But it's not clear whether those modified source standards alone are a sufficient legal basis for the Clean Power Plan.

Not exact matches

And although article 114 TFEU is not a legal basis for measures that are legally binding on individuals, «in certain fields, the approximation of general laws alone may not be sufficient to ensure the unity of the market.»

Voluntary manslaughter is committed in sudden heat and passion based on a sufficient legal provocation.

Her divergence from the majority in both decisions rested on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).

In order to play a meaningful role in the development of blockchain - based technologies, we owe it to the public to create a legal profession with sufficient tech literacy, above and beyond what is typically understood to be included in the duty of technological competence in jurisdictions where this applies (i.e. «know enough not to mess up»).

On the one hand, the Court suggests that a single legal basis is sufficient if the predominant component of the PCA is development cooperation, and on the other hand, it suggests that as soon as the PCA goes beyond the framework of development cooperation, the decision should be founded on an additional legal basis.

Articles 207 and 209 TFEU were therefore sufficient as legal bases to sign the PCA..

And there is no doubt that the legislature often intends to confer sufficient authority on the administrative decision maker to provide the substantive details within the bounds the legislature has set, based on the decision maker's understanding of that particular legal area and what is required in individual cases to achieve the objectives of the governing legislation.

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

[19] The court further reminded the district courts that, as a jurisdictional prerequisite, they must «set forth a sufficient correct legal basis and analysis» to indicate how the circuit court's decision departed from the essential requirements of the law.

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Having enforceable native title rights, legal recognition of traditional ownership and productive assets such as land are a necessary but not sufficient basis for economic and social development.

«The legal basis and public support involved in the institution of marriage helps to create the most likely conditions for the development of factors that children need most to thrive — consistent, stable, loving attention from two parents who cooperate and who have sufficient resources and support... Marriage is not a guarantee of these conditions, however, and these conditions exist in other family circumstances, but they are less likely to.»