Sentences with phrase «through judicial interpretation»

The application of the Act to internet publications will have to come about by legislative amendment or through judicial interpretation of statutory language drafted in a far earlier era.

Judges at the ad hoc Tribunals have alternated, through judicial interpretation, between further propagating this influence and seeking to supplant it by reference to the sui generis nature of the ad hoc Tribunals.

Not exact matches

They require interpretation and application through the same judicial system, and they can be modified or eliminated at any time by the legislature that enacted them.

It taught how to develop case analysis skills through practical exercises, demonstrating an understanding of the techniques of precedent, as well as how to read statutes and understand judicial approaches to statutory interpretation.

With respect to judicial interpretation, therefore, while the national legal traditions on which the articles and rules in question are modeled can provide some guidance, over-reliance on a narrow inquiry can lead to the perpetuation of the default position, according to which, as Byrne («The new public international lawyer and the hidden art of international criminal trial practice», 25 Connecticut Journal of Int» l Law (2005) 243) notes, some international judges «interpret legal norms through the lexicons of their respective traditions», rather than through a truly sui generis prism.

Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences.

It should instead let administrative judicial review be a matter of practice and the appropriate judicial attitude, one of respectful attention to any decision - maker's reasons for a particular decision, while recognizing that judges provide a sober second thought through judicial review, particularly on matters of legal interpretation.

Select Books and Recent Law Review Articles: • Public Policy in International Economic Law: The ICESCR in Trade, Finance and Investment (Oxford University Press, 2015) • Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012) • ASEAN Integration and Philippine Treaties (Cambridge University Press, forthcoming in ASEAN Integration through Law Series) • ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (co-edited with David J. Cohen, Routledge, forthcoming) • International Commercial Arbitration for the Philippine Legal Profession (editor, University of the Philippines IILS Press, forthcoming) • Code of Professional Responsibility (USAID and Philippine Judicial Academy, 2007)

Judge Yu described the posting as to «coordinate» (配合) with this campaign, but is the author's way of saying that the law on these issues is confusing and all involved, whether they are judges, prosecutors, public security or defense lawyers need an authoritative steer through the forest of law, judicial interpretations, and other guidance.

The commenter reasoned that since the ERISA definitions may change over time through statutory amendment, Department of Labor regulations or judicial interpretation, it would not be clear what point in time is to be considered current.

Tim Johnson, real estate partner at DAC Beachcroft, says: «There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of «limited degree of conflict with this Framework» when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.»

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.

The terms refer to outcomes that could not be characterised as native title through the understanding given by the NTA and judicial interpretations of it.