Mr. Oddo continued: «But it is the obligation of all to do so
while respecting the rule of law.
Not exact matches
While making blustery statements about the
rule of law, federalism, and local solutions for local problems, their actions in this
respect have proved them complicit in subverting all three.
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.
Perhaps it is folly to expect substantive judicial review to be a simple exercise, since at its core the review must both acknowledge and
respect the exercise
of legal authority by statutory officials
while at the same time ensure such authority is legitimate under the
rule of law.
The
Rule of Law Index reveals an apparent paradox: some wealthy countries perform poorly with
respect to this sub-factor,
while at the same time some poor countries perform if not well then at least better than certain wealthy countries.
While ICBC was not penalized for breaching the implied undertaking this case serves as a reminder that lawyers must
respect the limits the
law imposes on the use
of documents which come within their possession through the compelled disclosure
of the BC
Rules of Court.
While India has in principle followed the traditional English
law rule with
respect to costs i.e., that the loser pays the winner the costs
of litigation, the «costs
of litigation» are calculated on an antiquated basis (as prescribed in India's Code
of Civil Procedure) and the losing party usually ends up having to pay only a fraction
of the winning party's actual costs.
Courts,
while exercising their constitutional functions
of judicial review, must be sensitive not only to the need to uphold the
rule of law, but also to the necessity
of avoiding undue interference with the discharge
of administrative functions in
respect of the matters delegated to administrative bodies by Parliament and legislatures.
In the blog post Gardner, who is a Professor
of Jurisprudence at Oxford, sketches his argument that we should adopt the «assymetrical interpretation
of the
rule of law,» which requires officialdom to observe the
laws scrupulously
while allowing citizens greater lattitutde in that
respect.