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16 Jan 2014, 4:00 am by Administrator
In R v Operation Dismantle, the Court established that “political” questions are not immunized from Charter review.291 In NAPE, where the Newfoundland Court of Appeal invoked the principle of the separation of powers as a barrier to judicial interference with “policy initiatives within the purview of the political branches of government,”292 Justice Binnie responded for the majority: The “political branches” of government are the… [read post]
13 Jan 2014, 7:19 am by Joy Waltemath
In fact, they contended that their ratings were lowered because branch management had been told to lower staff ratings. [read post]
13 Jan 2014, 4:00 am by Malcolm Mercer
And significantly, I think, regulation of lawyers in the United States is constitutionally under the authority of the judicial branch of government rather than the legislative branch. [read post]
10 Jan 2014, 9:03 pm by Lyle Denniston
  In the case of National Labor Relations Board v. [read post]
7 Jan 2014, 3:01 am
Case C 445/12 P Rivella International AG v OHIM, Baskaya di Baskays Alim E.C. [read post]
1 Jan 2014, 2:24 pm by Marty Lederman
  The women who work for such churches thus are virtually the only women in the United States who will not be afforded this new national benefit, which I described in further detail in this post. [read post]
31 Dec 2013, 7:58 am by Alfred Brophy
 Justice Harris' viciously proslavery opinion in Mitchell v. [read post]
30 Dec 2013, 1:31 pm by Raffaela Wakeman
 The responsibility of determining whether the United States is at war lies with the political branches, Judge Henderson writes; the political branches moreover have said that the government is indeed at war in Afghanistan. [read post]