Has the judiciary ever referred a point of law back to the drafters of that law? |
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Yet geography and professionalization of the judiciary have affected the status of the judges. |
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It is a role which, as a result of their accumulated experience, the judiciary is well qualified to perform. |
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The Southern judiciary countered the argument of natural law by evoking the argument that, within a democracy, positive law trumped natural law. |
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Such fairness demands a fair judicial process administered by an impartial judiciary. |
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The submission also urged ministers to ditch plans by which they would no longer be accountable to the judiciary. |
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He is undermining the credibility and independence of the judiciary, and for what? |
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The convention of ministerial responsibility is not enforced by the judiciary. |
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In my view, the judiciary has no right to expect that it should escape scrutiny or comment. |
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In some jurisdictions, the judiciary are provided with the resources to run the courts. |
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The previously existing institutions, save for the judiciary, were disbanded. |
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With unprecedented frankness, they speak of the government's contempt for the judiciary. |
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The costs grid has been the subject of comment among the bar and the judiciary. |
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We will never have successful police reform as long as the judiciary is and is perceived to be corrupt. |
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The consideration of public interest has caused some problems for the judiciary. |
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The job of the judiciary is to interpret the law, but this was no mere interpretation. |
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That will raise legitimate concerns about the independence of the judiciary. |
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Why did the public part of the event not include responses from the judiciary? |
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This can give rise to substantial queries over the independence and impartiality of the judiciary. |
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Owing to high court costs, many people cannot afford to turn to the judiciary to vindicate their rights. |
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In this and other respects, much depends on the response of the national judiciary. |
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We tamper with the independence of the judiciary at the peril of our cherished freedoms. |
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Under article III of the Constitution, the Federal judiciary has the power to adjudicate cases arising under the laws of the United States. |
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No one should deny the chief justice's right under any circumstances to ensure the independence of the judiciary. |
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The prospect of handing such potentially wide-ranging power over to the judiciary has led to a number of concerns. |
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The only avenue for a Norman legal order, common to the realm, was through a loyal judiciary. |
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The legal professionals, and in this I would include the judiciary, operate in the real world. |
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The Melbourne forward yesterday had his appeal against an 18-week suspension for a king-hit on O'Neill dismissed by the NRL judiciary chairman. |
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By disputing the legality of the government measures, the judiciary fuelled opposition to the redistribution policies. |
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So many of our institutions and systems are not working properly, including the judiciary. |
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The Government should cease interfering with the judiciary and start levelling with the citizenry. |
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Some have even pointed fingers at the government, alleging interference in judiciary matters. |
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Influenced by popular discontent with much of the judiciary, Napoleon attempted to write a statutory code that was essentially judge-proof. |
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As such, it said, the lawmakers and judiciary ought also to be blamed for the lack of job opportunities. |
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At some point, the judiciary may need to get involved in that procedure to legitimize it and give the detainees some due process. |
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Those seeking protection from religious fascism can rely on the judiciary to deliver them up to it on a plate. |
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It will make a mockery of the federal judiciary constitutional structure and religions. |
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Many civilians will claim the judiciary, like the rest of the government, is rife with corruption. |
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American court rulings may give the Korean judiciary a hint about how to handle this case. |
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Thus far in Australia, we have decided not to throw in our lot with an aristocratic judiciary. |
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The judiciary was badly split by the military's May 29 assumption of executive power. |
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If they must tackle it with purpose, they will need back-up from the laws applicable to illegal guns, and from the magistracy and judiciary. |
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This development is still continuing daily, as new cases are decided with different terminologies being used by counsel and the judiciary. |
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It was therefore no wonder that bribery was reported to be common among the judiciary. |
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He demanded responsible parliamentary government, local self-government and an independent judiciary. |
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This woman of steel has proved her mettle many a time, in her feisty battle with the judiciary and opposition. |
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The tortuousness of the judiciary, however frustrating it is, does not mutate him from suspect to terrorist. |
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Such a wage level is needed to maintain the independence of the judiciary and also to attract skilled jurists to the bench, they argue. |
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A chart on Dec.1 with an article about President Bush's role in reshaping the federal judiciary misstated the makeup of four appeals courts. |
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The monarchy and the royal judiciary played important roles in the history of early modern France. |
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This is about not letting mentally unbalanced people serve in the judiciary. |
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The Constitutional Court's decision is only a skirmish in the broader battle between the executive and the judiciary. |
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I would guess that one of the reasons our judiciary is somewhat unpolitical, is that it is so powerless. |
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The only un-democratic branch in all of this was judiciary, which was thus vested with no actual power. |
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Also, so as to discourage the re-emergence of a bribable judiciary, salaries were high. |
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The legislature and judiciary are nominally independent but remain susceptible to executive influence. |
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The watch and vigilance of the learned members of the judiciary effectively supplements their role. |
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The US has also claimed to be assembling a politically non-partisan public service and judiciary. |
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So what does he have to say about the lack of accountability of the judiciary for their own negligent acts and omissions? |
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Just as we have an independent judiciary, so do we need an independent fourth estate, the media. |
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And in that kind of instance you would need a judiciary that is stout and stoic in the face of differences of opinion with the regime. |
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If the Indonesian judiciary really can be influenced by political heavies, this is one occasion when I hope such influence is exerted. |
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Each republic had an independent judiciary with a supreme court, lower courts, and a constitutional court. |
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The formal system is organized under an independent judiciary headed by a supreme court. |
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The Australian Government says Indonesia has an independent judiciary and a pardon is only appropriate after a conviction. |
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Neither civil service nor judiciary are trained to usurp a democratically elected prime minister. |
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The Court also declared that only a member of the judiciary could pass a sentence and that this was out of the remit of the Home Secretary. |
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The federal judiciary in particular is increasingly dominated by right-wing ideologues. |
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The state president, parliament and the judiciary are also regarded as fair game. |
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I believe that the judiciary of this country has been interpreting the law faithfully and accurately. |
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The folderol that followed was rather dismal, with angry conservative politicians threatening to reform the judiciary. |
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The judge's calls for the judiciary to investigate allegations against the imprisoned officials fell on deaf ears. |
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We commend this constitution to the Prime Minister, his Cabinet, the opposition, the judiciary and all Government officials. |
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The tariffs for murder and, for indeterminate terms, the mandatory sentences are all signs that the executive doesn't trust the judiciary. |
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This is a fight for the heart and soul of the federal judiciary, and, for that matter, the rule of law. |
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The plantocracy, who controlled the judiciary, had since the founding of the colony mandated the cruelest punishments for resistance. |
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Ensure the judiciary are not in a position to interfere in matters National Security. |
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The independence of the judiciary from political control or influence is a key principle of the British constitution. |
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Does that mean that the provisions of the New South Wales Constitution Act entrenching the independence of the judiciary are ineffective? |
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And the judiciary is given the power to strike down legislation, invalidate legislation that it considers is inconsistent with those rights. |
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For more than 10 years, the judiciary have been under fire from the media and some politicians, but appeared invulnerable. |
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Judges hardly interfered with decisions of the executive, and the judiciary and the government had a cozy relationship. |
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The judiciary includes a high court and a court of appeals whose judges are appointed. |
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Delay is endemic within the Indian judiciary, a fact that effectively forecloses using litigation to gain quick payoffs. |
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My Lords, I have no doubt that the judiciary should accept this responsibility in the field of criminal law. |
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The conspiracy extended to the uppermost echelons of the federal judiciary, including the Supreme Court. |
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The basic principle for a democratic republic is the independence of the three branches of government executive, legislature and judiciary. |
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The independence of the judiciary and the slow rate of denationalising of state industries were highlighted as areas which needed improvement. |
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As a politician, his one mistake was, as I recall, telephoning a member of the judiciary and putting in a good word for a constituent. |
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The government stepped up a purge on the nation's judiciary yesterday, announcing it will begin moves to fire judges it accuses of bias. |
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The Chancellor's Department dealt with the judiciary and it was also the custodian of the Great Seal to authenticate government decrees. |
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The gaps in this paper relate to the views on audit-practice expectations as differentially articulated by the judiciary and audit practitioners. |
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It is also expected to speed up the reform of a judiciary that is dominated by elitism and conservatism. |
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The judiciary should modify its arcane ways, cling to all its powers, enrage the executive and forget emollience. |
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Considering the constitutional validity of congressional enactments is a central function of the federal judiciary. |
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The independence of the judiciary is essential to the proper functioning of our society. |
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Judges throughout the federal judiciary rely on the assistance of law clerks to ensure the smooth and expedient administration of justice. |
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An argument can be made that, because the judiciary has specific requirements, there is less competition for the posts. |
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The judiciary and police service operate voluntary arrangements for masons in their ranks to reveal their membership, although implementation of the system is patchy. |
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Little wonder the citizens have lost faith in the system, in all the institutions, with even the judiciary seen as part of the problem, not the solution. |
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They have asked for the hundreds of independent monitors to be allowed inside polling stations, a request approved by the judiciary but rejected by the electoral commission. |
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It will ensure that the judiciary comes of age and takes on responsibility for those features of the relationship that are critical to its future well-being. |
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Sixteen have cleared the judiciary Committee, 13 with unanimous support from members of both parties. |
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In this chaos the last bastion of defence of a society is the judiciary. |
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There is no effective congressional oversight, as we can see by the acquiescence of the intelligence and judiciary committees. |
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The organization has been aching to move against the judiciary for some time, he said. |
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There is urgent need to link and sensitise the police, medical fraternity and the judiciary so that deterring punishments are meted out to the offenders, he said. |
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He also said that if the police do not take the necessary measures for the security of the courthouses, the normal functioning of the judiciary system might be hindered. |
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With the help of the police and the judiciary, dissidents are unlawfully clapped into jails on trumped-up charges. |
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The first thing such a law would do is put more power in the hands of the politicians, judiciary and people with oodles of money to spend on themselves. |
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What bush lawyer gave him the advice that if the Privy Council were restored, these people would automatically be lost to the judiciary system, when that is not the case? |
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Just over a year ago, a new uniform was adopted, replacing the former uniform with its epaulette and caps, which reflected the military origins of most of the judiciary. |
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The 30-year-old Williams was outed for 18 matches by the NRL judiciary following his king-hit on Wests Tigers veteran O'Neill at Leichhardt Oval last month. |
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Even the judiciary adds to the woe by convicting the women for soliciting. |
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The interests of justice are best served by an independent judiciary adjudicating on the merits of a given case based on application of the salient law. |
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She intends to file a complaint with the Iranian judiciary against the Iranian television station who broadcast the false claims. |
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Such choices are made by the judiciary at the point where the law stops. |
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And it is time for him to stop sputtering ill-tempered threats, not only at the judiciary but also at the U.S. Constitution, which he repeatedly has sworn an oath to uphold. |
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By handling this case involving a head of state, the Korean judiciary will become either truly independent from political pressure or subservient to its power. |
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Over the next few years there would emerge the most serious conflict between the judiciary and the executive that has ever occurred in Australian history. |
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Of course the judiciary protest too much as they extend their remit. |
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The 1963 constitution provides for a civilian government composed of a dominant executive branch, a National Assembly, and an independent judiciary. |
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To move in the opposite direction would be to further erode the position of Irish elected representatives, increasing that of an unelected judiciary. |
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This must of necessity bring her office and the judiciary into disrepute. |
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Stone insisted that the judiciary should exercise restraint and recognize the need for the legislative and executive branches to respond to the Great Depression. |
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Indeed, through the jurisprudential doctrine of stare decisis, a judge or justice's repugnant views may far outlast his or her own tenure in the judiciary. |
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Only 29 per cent of respondents correctly recognised the government or judiciary as the legitimate authorities to make decisions about the legal status of online content. |
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This is the latest example, he said, of the way the judiciary has been used to expand the repression of public criticism. |
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Certain key areas of the judiciary belong to the Deep State. |
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Two points were missed by the bright-eyed defenders of the judiciary. |
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A British overseas territory, Bermuda has significant autonomy, although the governor still has control of the police, military and aspects of the judiciary. |
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And Lula would likely have to shelve plans to reform rigid labor laws, overhaul a dysfunctional judiciary, and streamline a bewildering tax system. |
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You want roads, police, a skilled work force, an uncorrupt judiciary, and a military to protect you from foreign invasion? |
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From the perspective of promoting human rights, is it desirable for the judiciary to have donned the didactic roles of pedagogues for democracy and constitutionalism? |
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These are political issues that need to be resolved via the political process, not via the judiciary. |
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Disciplinary actions are internal to the police force and it is often difficult for the judiciary, but also for civil society, to monitor their implementation. |
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And his machinations with the judiciary, the signpost of his cynicism, are bound to be aborted. |
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You could even be advised by the presiding judge to try and sell your efforts to barristers-at-law in any future court appearances and ingratiate yourself with the judiciary. |
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The judiciary branch is fairly independent of the other two branches with the power to interpret the constitution. |
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The democracy and freedom, unselective justice and uncorrupt judiciary and independent journalism are more than needed. |
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For example, the Mamluk sources assert that the khatib was a stipended position under the judiciary rather than the Isma'ili da'wa. |
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They broadly aim to enhance the fight against organised crime and corruption and depoliticise the judiciary. |
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We will assess what we can do about the dicephalous judiciary in the new constitution. |
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Naeem Bokhari admitted that the Justices by disassociating themselves from the case have set a huge example for the judiciary. |
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Its system of government is a US-style democracy with a president, a bicameral legislature and an independent judiciary. |
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Similarly, the SCID probes cases of corruption involving members of the judiciary and prominent holders of public office. |
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The United States Supreme Court, however, was not the colonial judiciary. It gelidly declined to co-operate with Washington. |
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Compared with most Latin American courts, on paper the Argentine judiciary is among the most insulated high courts in the region. |
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Instead, the physical actions of the military must be associated with the correct social or judiciary actions in order to abolish a state. |
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They are joined by senior representatives of the judiciary and members of the diplomatic corps. |
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The Chief Justice of the Louisiana Supreme Court is the chief administrator of the judiciary. |
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The system of courts that interprets and applies the law is collectively known as the judiciary. |
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The constitution also provides for an independent judiciary, the highest organ being the Supreme Court. |
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Except in military defence and foreign affairs, Hong Kong maintains its independent executive, legislative and judiciary powers. |
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The UN Charter gives all three powers of the legislative, executive, and judiciary branches to the Security Council. |
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It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary. |
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One of the main justifications for the new Supreme Court was to establish a separation of powers between the judiciary and the legislature. |
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The Lord Chancellor is no longer the head of the judiciary of England and Wales. |
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Instead, the executive enforces the law as written by the legislature and interpreted by the judiciary. |
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The Act of Settlement of 1700 removed royal power over the judiciary and defined a vote of both houses as the sole method of removing a judge. |
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It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law. |
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Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. |
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He announced the creation of a new judiciary tribunal and a high level commission led by Nobel Prize Laureate Joseph Stiglitz. |
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Legislative entities are the main source of statutes, although in certain matters judiciary and executive bodies may enact legal norms. |
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The Lord Lyon is part of the judiciary of Scotland but is not subject to the discipline of the Lord President of the Court of Session. |
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The Lord Lyon King of Arms is the chief heraldic officer of Scotland and Great Officer of State and a judge in the judiciary of Scotland. |
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An independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and of the press. |
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The Corps is in charge of financial, economic, judiciary and public safety. |
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New Zealand's judiciary, headed by the Chief Justice, includes the Supreme Court, Court of Appeal, the High Court, and subordinate courts. |
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The Moroccan Constitution provides for a monarchy with a Parliament and an independent judiciary. |
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Oman is an absolute monarchy in which all legislative, executive, and judiciary power ultimately rests in the hands of the hereditary Sultan. |
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The judiciary, consisting of the Supreme Court and departmental and lower courts, has long been riddled with corruption and inefficiency. |
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The Constitution of Mauritius states that for purposes of separation of powers, the judiciary is independent. |
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Trujillo is the birthplace of Peru's judiciary, and it was twice designated as the capital of the country. |
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Higher education, the legislature and judiciary, national commerce and so on may all be carried out predominantly in English. |
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Eventually the legal caseload in a county would become great enough to warrant the establishment of a local judiciary. |
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It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. |
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India, on the other hand, has one judiciary divided into district courts, high courts, and the Supreme Court of India. |
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Such disparity of views on the element of remoteness continues to trouble the judiciary. |
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In Scotland the sheriff is a judicial office holder in the sheriff courts, and they are members of the judiciary of Scotland. |
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In the 1980s the judiciary played a major role in redefining the constitutional position of the Treaty of Waitangi. |
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The law of Hong Kong is based on the rule of law and the independence of the judiciary. |
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This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary. |
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To protect citizens, the APA also grants the judiciary oversight over all agency actions. |
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According to them, the judiciary recommending a uniform civil code was evidence that Hindu values would be imposed over every Indian. |
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The orthodox Muslims felt that their communal identity was at stake if their personal laws were governed by the judiciary. |
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Members of the bar or superior judiciary of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada. |
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The constitution provides for an independent judiciary, and the government respects this in practice. |
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The Internal Settlement left control of the Rhodesian Security Forces, civil service, judiciary, and a third of parliament seats to whites. |
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The Lord Chief Justice replaces the Lord Chancellor as head of the English judiciary. |
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Title VI Judicial Power, Article 117, Articles 122 through 124, outlines the king's role in the country's independent judiciary. |
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What about contempt? Isn't it used by the judiciary as a stick to dissuade people from writing or talking about them? |
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The Althing was to be a deliberative and legislative body, as well as central judiciary. |
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In December influential Iranian lawmaker Ali Motahari, a conservative, said the judiciary should end the house arrests and put Mousavi and Karroubi on trial. |
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Gradually, a professional judiciary developed through the merchant judges. |
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The decisions of the lower judiciary were not reported in any law report. |
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Hong Kong's tertiary sector dominated economy is characterised by simple taxation with a competitive level of corporate tax and supported by its independent judiciary system. |
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The judiciary is independent of the executive and the legislature. |
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The kingdoms of Scotland and England were individual sovereign states, with their own parliaments, judiciary, and laws, though both were ruled by James in personal union. |
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On the other hand, this principle has not been without its dissidents and critics over the centuries, and attitudes among the judiciary in this area may be changing. |
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Senior Labour politicians have criticised the Human Rights Act and the willingness of the judiciary to invoke declarations on incompatibility against terrorism legislation. |
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Coke supported the Petition of Right in 1628, which cited Magna Carta in its preamble, attempting to extend the provisions, and to make them binding on the judiciary. |
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As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial. |
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At the other pole are those who view the judiciary as the least dangerous branch, with little ability to resist the exhortations of the other branches of government. |
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India has a recent history of judicial activism, originating after the emergency in India which saw attempts by the Government to control the judiciary. |
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Alongside the judiciary, the national ombudspersons have the task of supporting people whose rights have been violated and ensuring that justice is done. |
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In the Province of Nova Scotia, the sheriffs service focuses on the safety and security of the judiciary, court staff, the public, and persons in custody. |
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In the judiciary, different judges have taken different attitudes. |
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The advocation of predominantly negative rights enforcement by the judiciary leads to the corollary argument that positive rights are generally unenforceable. |
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There was growing concern especially during former president Daniel arap Moi's tenure that the executive was increasingly meddling with the affairs of the judiciary. |
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Regarding the usage of executive and judiciary powers in Fata, he said an uncrown king called political agent was utilizing all these powers unlawfully. |
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Jurisdiction is administered by the judiciary entities, although in rare situations the Federal Constitution allows the Federal Senate to pass on legal judgments. |
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Now, the Lord Justice General is the head of Scotland's judiciary. |
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The judiciary is independent of executive and legislative branches. |
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The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain. |
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The tendencies of innovations in the Plantagenet monarchy were towards a centralised bureaucracy and judiciary, with the gradual elimination of localisms. |
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This is because the judiciary and the courts follow England and Wales law, which is made by the United Kingdom Parliament, and is not specific to Wales. |
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These included a functioning, if disputed, parliamentary democracy with its own executive, judiciary and written constitution which could be changed by the Oireachtas. |
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Most countries have procedures that provide for sharing the power of appointment of judges of the superior courts by the judiciary and the executive. |
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Canada's judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution. |
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The court found him guilty of issuing statements accusing the Saudi government of running a police state and using the judiciary to legalize injustice and oppression. |
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This theoretically allows the judiciary to interpret the law based solely on the legislation enacted by Parliament without other influences on their decisions. |
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English is the main language used in the education and judiciary systems. |
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The judiciary was not independent of the other branches of government. |
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Other members of the island's judiciary are appointed by the Bailiff. |
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In a system of parliamentary supremacy, the judiciary has no standing on which to constrain majoritarian lawgiving for the purposes of rights-protection. |
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Supreme executive authority rests in the president and members of his cabinet and judicial power with the judiciary of which the Chief Justice is head. |
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The judiciary is independent under the current constitution. |
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The CJP said in the system of trichotomy of power, judiciary had a pivotal role to ensure that each organ of the state acts within the constitutional limits. |
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The principal institutions of the Republic of Madagascar are a presidency, a parliament, a prime ministry and cabinet, and an independent judiciary. |
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The Supreme Leader appoints the head of the country's judiciary, who in turn appoints the head of the Supreme Court and the chief public prosecutor. |
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Other institutions of the judiciary are the Federal Electoral Tribunal, collegiate, unitary and district tribunals, and the Council of the Federal Judiciary. |
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The judiciary is nominally independent, though political intervention into judicial matters has been common throughout history and arguably continues in modern day. |
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One judge in Dublin is believed to have outrightly dismissed the cases while other members of the judiciary are adjourning the controversial cases. |
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Parliamentary sovereignty refers to a representative democracy where the parliament is ultimately sovereign and not the executive power nor the judiciary. |
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