Sentences with word «vire»

The CJEU implicitly made a step towards the harmonisation of the general part of criminal law, trying to protect the EU competence from the growing cases of ultra vires decisions of national Constitutional Courts.

He obtained his BA and LLB (both with distinction) from the University of the Witwatersrand, BCL (with distinction)- with emphasis on International Arbitration and Civil Procedure - and MLitt (Thesis title: Ultra vires representations and unlawful decisions in English administrative law, in comparative perspective) from the University of Oxford, UK.

I find that both the PSL Act and the University Calendar are validly enacted and intra vires of the province of Alberta.

Such a misunderstanding could be perhaps understandable, if it did not lead to the finding of ultra vires ruling on the part of the CJEU.

«There is no doubt that the Senate herein represented by the Senate President acted ultra vires in its powers by allotting to themselves the said sum of N13.5 m monthly as running cost.

He plainly regarded the reliance on the ultra vires doctrine as the behaviour of a scoundrel trying to wriggle out of his obligations.

Virtually all states have adopted statutes specifically granting corporations the power to make charitable donations, [6] which eliminates the ultra vires issue.

Lastly, the Court rejected the argument that the Council and Parliament had acted ultra vires because article 28 of the regulation could not have been adopted on the basis of article 114 TFEU (the legal basis for the harmonising rules to establish an internal market).

These are, first, the role of knowledge and reliance, second, substantive legitimate expectations and third, expectations based on ultra vires representations.

It was not in dispute in Unison that the charging of fees is capable of justification, but it was accepted that any fees order will nonetheless be ultra vires if as a result «there is a real risk that persons will effectively be prevented from having access to justice» (para [87]-RRB-.

I've previously raised the issue of familial nepotism in the law, and the Ultra Vires article mentioned above, here.

Taxes collected under ultra vires legislation (that is, legislation that is outside of the scope of powers allocated to the level of government involved, and therefore, invalid) undermine the rule of law; to permit the government to retain such taxes condones this breach.

The court rejected the claimant authorities» submission that the secretary of state acted ultra vires since Underhill J was satisfied that she had the requisite power to act as she did.

The company challenged the constitutionality of the legislation, primarily on the grounds that it is ultra vires federal jurisdiction (outside of powers granted to the federal parliament under the constitution) and that it violated s. 2 (b) of the Charter and could not be saved by s. 1.

It considers OMTs ultra vires for two reasons, first because the ECB thereby acts outside its monetary mandate, and second because OMTs infring the prohibition on monetary budget funding stated in Article 123 (1) TFEU.

Her broad - based practice encompasses local and central government, immigration, community care, public procurement, human rights and general vires issues.

In a nutshell, the seal hunters argued that the EU acted ultra vires by adopting the ban on the basis of article 114 TFEU (harmonization of rules for the establishment and functioning of the internal market).

Her wide - ranging practice makes her particularly suitable for commercial disputes involving cross-over with other areas of the law, such as large - scale care home and care provision disputes, public procurement, education and public law vires issues.

I'd never cheat on my chobani but since elle vire is considered dessert maybe I can allow it!

Constitutional lawyers had spent years speculating over what would happen were the Scottish government to hold an ultra vires poll, but a Section 30 Order, asserted the text of the agreement, would put that «beyond doubt».

Details of the request showed that N46bn is to be vired within projects of Ministry of Power, Works and Housing and N66bn within projects of Ministry of Transportation.

In the wake of the start of legal proceedings against the government, David Wolchover argues that even if it is held that Parliament did validly authorise the Prime Minister to trigger Article 50, her exercise of the power may have been ultra vires nonetheless

Any subordinate legislation that is inconsistent with a common law right is ultra vires absent express statutory authorization (para. 73).

As a result of this, an excess of the European body and a conduct ultra vires occurred.

Mark has also been instructed in substantial local government cases, particularly those relating to vires finance issues and CPOs, for many years by both the public and private sectors.

The German Constitutional Court (Bundesverfassungsgericht, «BVerfG») had asked the Court of Justice (CJEU) two questions in what it classified as an ultra vires review of acts of the European Union.

Lawyers are worried as well, because the control of airspace is considered a federal matter, and the bill is arguably ultra vires Oregon.

A remedy for payment of ultra vires taxes is available as of constitutional right, rather than under the law of unjust enrichment.

With respect to the ultra vires question, the Court of Appeal deferred to the Trial Judge's conclusions as set out in his reasons.

Mark West acted for a number of local authorities in the interest rate swaps litigation arising out of the decision of the House of Lords in Hazell v. Hammersmith & Fulham LBC [1992] 2 AC 1 that interest rate swaps were ultra vires local authorities and void.

Might it be possible to deploy some of the more general sections of the Unison judgment on affordability and the rule of law to argue that the Lord Chancellor acted ultra vires when making the 2015 Order, as the fees are not only contrary to the rule of law, (explored below), but are also set at a level which suggests deviation from 92 (3)?

initial City Council Resolution requiring him to reimburse $ 3,150.00 to donors who had contributed to his charitable foundation was ultra vires Council's powers granted by the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched.

The court in Shell Canada Products Ltd. v. Vancouver (City), [1994] 1 S.C.R. 231, at para. 47, noted that to a large extent, the inclusion of the broad, «general welfare provisions» in municipal acts «was intended to circumvent, to some extent, the effect of the doctrine of ultra vires which puts the municipalities in the position of having to point to an express grant of authority to justify each corporate act.»

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[34] The ultra vires argument is premised on the phrase «may impose either of the following penalties» in s. 160 (5) of the City of Toronto Act, which is said to operate as a restriction.

However, in case it was wrong on this, the EAT pointed out that the Regulations were passed under the general vires power in the Employment Relations Act 1999, not the European Communities Act 1972, and therefore it was open to the UK legislature to go beyond the Directive.

Police and Crime Commissioner for Greater Manchester v Butterworth (The Pensions Ombudsman intervening)(Chancery Division, 10th November 2016) Appeal against a determination by the Pensions Ombudsman that a member of the LGPS should be paid a pension equivalent to the full amount of an unreduced pension from the age of 55, raising issues of contractual estoppel, enforceability of ultra vires promises and legitimate expectations.

Moreover, for those instances where Mr Khrapunov were not to be acting on instructions from Mr Ablyazov, questions of ultra vires so to speak and hence of a separate tort would arise.

Michael did a truly amazing job coordinating with Ultra Vires at the University of Toronto, disseminating the survey, collecting the data, and putting together the Special Edition's content and layout.

This would clearly be ultra vires regardless of the fact that either the government or Parliament could repeal the law immediately (so that it produced no legal effect).

If the CJEU views the above - mentioned mechanism of OMTs incompatible with primary law, there would be no room for an ultra vires ruling by the BVerfG.

In short, then, while I fully agree with Sales's defence of a bifurcated public law in which Wednesbury and proportionality co-exist — and with many of the arguments he offers in service of that defence — I am not certain that the modified ultra vires doctrine necessarily requires the retention of Wednesbury outwith the HRA context.

In addition, Mr. Mavrick persuasively argued that any such claim for compensation was barred by the doctrine of ultra vires because nobody in the corporation had the authority to agree to such director compensation outside of the Board of Directors.