Sentences with phrase «while judicial interpretation»

Not exact matches

I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and guiding judicial interpretation of provisions during a public emergency on the other.

Thus, while it can not ground a claim by a patient with a rare disease in Canadian courts, it does form part of the background in which judicial interpretation of domestic legislation in, say, an administrative or Charter case, occurs.

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.

So, while it may be tempting to conclude that it is not an adequate tool for dealing with liability questions arising from new technologies (given that it was adopted before even the internet rose to prominence); the reality is that the PLD has already risen to the challenges of developing technology, aided by judicial interpretation, over the past 30 years.

The US District Court rejected immunity for the official by deferring to the views of the executive while the Canadian case reached the decision on the basis of judicial interpretation of the domestic tort exception to immunity.

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.

HELD While decisions of a Home Secretary under the scheme are susceptible to judicial review, intervention by the courts should be highly guarded and limited to cases where there is an issue about the reach and meaning of a policy where a minister, in his application and / or interpretation of it, strays outside the reasonable range of meaning, or where there is ambiguity.

Some worked on judicial interpretation drafting, many sat in on collegiate panel discussions of cases, assisted in case review, and assisted the teams of judges working on death penalty review while many helped their mentors with related research and administrative matters, finding their work reviewed meticulously, and spending long hours along with their (overworked) mentors.

While Supreme People's Court (SPC) judicial interpretations are unquestionably binding on the lower courts, one of the many questions that Chinese legislation does not answer clearly is the broader extent to which they are binding.

And while the Crown must appeal this decision, it sets the stage for the statute to be considered by a higher court where it may be subject to a more sophisticated level of judicial interpretation.