Search for: "Vires"
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29 Apr 2011, 2:28 pm
For reasons arising from a previous life, I find interesting cases where agencies go wandering about making decisions beyond their authority. [read post]
21 Nov 2022, 5:58 am
Chiles völkerrechtliche Verträge im Kontext der Verfassungsablösung Marten Breuer, ‘Principled Resistance’ Meets ‘ultra vires’: New Techniques in Opposing ECtHR Judgments Christian Magaard, Ein ständiger Sitz der Europäischen Union im UN-Sicherheitsrat Rezensionsaufsatz András Jakab, Warum verliert die deutsche Verfassungsrechtswissenschaft an internationalem Einfluss und was kann dagegen getan werden? [read post]
1 May 2023, 1:07 pm
Under this law, it is prohibited for an individual to possess or cultivate more than four cannabis plants in their home.A few days before the adoption of the federal law, the National Assembly of Quebec adopted the Cannabis Regulation Act, CQLR, c C-5.3 (the "provincial law"), which completely prohibits the possession and cultivation of cannabis plants at home, regardless of the number of plants (the "challenged provisions").The appellant filed an application before the Superior… [read post]
Heller: 'A Stick to Hit the Accused with': The Legal Recharacterization of Facts Under Regulation 55
24 Dec 2013, 10:10 am
Section I argues that the judges’ adoption of Regulation 55 was ultra vires, because the Regulation does not involve a ‘routine function’ of the Court and is inconsistent with the Rome Statute’s procedures for amending charges. [read post]
18 Oct 2019, 1:20 pm
Hindustan Times of Oct. 19 reports:After hearing two separate petitions filed by persons whose marriages were annulled by a so-called church court, the Bombay high court at Goa has struck down Article 19 of a Portuguese edict that gave legal sanctity to rulings of ecclesiastical tribunals in the former Portuguese colonyThe high court said the article was “unconstitutional, illegal, null and void and ultra vires Articles 14 and 21 of the Constitution of India. [read post]
4 Mar 2021, 7:12 am
The issues in the case were summarized by the Supreme Court as follows: Constitutional law — Division of powers — Parliament’s general trade and commerce power — Charter of Rights and Freedoms — Freedom of expression — CRTC and Federal Court of Appeal finding anti‑spam legislation intra vires Parliament’s power and constitutional — Whether ubiquity of online commerce is a “constitutionally significant transformation” bringing… [read post]
31 Mar 2014, 4:10 am
Roman Catholic Archdiocese of Newark, (NJ Super Ct), filed last year argues that the Archdiocese has engaged in unfair competition with private monument companies:The sale of the monuments and the private mausoleums is in direct competition with Plaintiff entities and because of its tax-exempt status and the close contact with the family of the deceased before, at the time of, and after the burial give the Archdiocese preferred economic position and ease of access to prospective customers… [read post]
15 Dec 2016, 4:00 am
., Dec. 14, 2016), a challenge to the Democratic Governor's Executive Order brought by the state's Republican Attorney General was successful, the court stating in part:Executive Order JBE-16-11 constitutes an unlawful ultra-vires act because, regardless of the defendant's intent, the effect of its adoption and implementation, creates new and/or expands upon existing Louisiana law as opposed to directing the faithful execution of existing laws of this state pursuant to the… [read post]
28 Dec 2014, 2:00 am
On August 3, 1944, on a mission over Vire, France, Aanenson's plane was hit by flak and caught on fire. [read post]
1 May 2014, 4:20 am
Commercial monument builders argued that the Archdiocese has engaged in unfair competition with them, and that the sale of monuments by the Archdiocese is ultra vires and against public policy. [read post]
8 Dec 2014, 4:05 am
Therefore [defendant] ... failed to allege a viable ultra vires claim with regard to her free-exercise-of-religion rights and the attorney general’s discretion and authority to enforce the TFDCA and DTPA. [read post]
1 Nov 2011, 6:01 pm
The decision of the department of first instance was thus ultra-vires.[1.6] Since the department of first instance was not empowered to take the decision that it did, the Board sets aside the decision of the department of first instance to allow the request for re-establishment of rights.Admissibility of the appeal[2.1] The Board has considered the fax transmission report submitted by the appellant with its letter of 8 September 2009 and concludes from this that the letter dated 29 June… [read post]
7 Feb 2015, 11:28 am
It is also ultra vires (not virus) for CJLF. [read post]
8 Dec 2013, 2:02 pm
were not ultra vires. [read post]
13 Mar 2010, 11:01 am
But perhaps the EBA did not even wish to suggest that it has.Be that as it may, this raises an interesting (but admittedly academic) question: what could be done if the AC had gone ultra vires and changed the meaning of an EPC provision and a user of the EPO felt adversely affected by the amendment? [read post]
4 Feb 2016, 1:19 pm
A New York Family Lawyer said that, plaintiffs commenced the within declaratory judgment action seeking a declaration that the emergency rule is null and void, ultra vires and unconstitutional, as a taking of property without just compensation. [read post]
3 Jan 2013, 11:49 am
South Coast Regional Commission (1976) 17 Cal. 3d 785, 800 as well as the later Trancas decision to conclude that the settlement agreement was ultra vires. [read post]
27 Aug 2020, 10:58 am
Descargue la demanda Los demandantes planteaban que el toque de queda implicaba el ejercicio de prerrogativas legislativas, “por lo que es una actuación ultra vires e inconstitucional, violatoria del principio de separación de poderes y excede los poderes constitucionalmente delegados a la Rama Ejecutiva”. [read post]
15 Jul 2018, 8:55 pm
The Amended Application in this matter disposed of the injunctive relief originally sought, and instead seeks a number of declarations, including an interpretation and content of what the Statement of Principles obligation means, that the requirements are ultra vires the Law Society Act, and challenging the constitutionality of the requirements. [read post]
19 Jan 2010, 12:12 pm
Judge E.L. [read post]
