Search results
Results From The WOW.Com Content Network
Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
It may, in its discretion, examine all the circumstances of the case and see if the substantive grounds for judicial review are serious enough. [5] Delay or lack of sufficient interest can also lead to the court refusing to grant a remedy after it had considered the case on the merits. [4]: s. 31(6)(b) [6]
The High Court held that the WDM had a sufficient interest, and that too much money was spent on the dam. Rose LJ said the following: factors of significance in the present case: the importance of vindicating the rule of law... the importance of the issue raised... the likely absence of any other responsible challenger... the nature of the breach of duty... the prominent role of these ...
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
The question of sufficient interest had to be resolved in relation to what was known by the court of the matter under review, and on the evidence the tax scheme was a lawful exercise of the IRC's discretion. Lord Fraser stressed the sufficient interest test was a logically prior question that had to be answered before any question of merits arose.
Ordinarily, a justification for acting against a legitimate expectation would often be sufficient and rational from the position of the authority regardless of objective judgment. In Ex parte Coughlan, the Court of Appeal also held that the Wednesbury ground of judicial review is not compromised by the doctrine of legitimate expectation. Rather ...
Supreme Court Chief Justice John Roberts slammed what he described as “dangerous” talk by some officials about ignoring federal court rulings, using an annual report weeks before President ...
Article III, Section 2, Clause 1 of the Constitution states: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to ...