judicial doctrine


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Synonyms for judicial doctrine

(law) a principle underlying the formulation of jurisprudence

References in periodicals archive ?
Despite being formally protected by the APA's exemptions, judicial doctrine now significantly constrains agencies' use of and reliance on internal administrative law.
The judicial doctrine of non-review is basically a rule created by courts whereby judges often defer completely to hospitals and their peer reviewers with respect to the facts.
Part II describes the current judicial doctrine and agency practice
Further, the courts of many countries have developed a number of judicial doctrines or principles of interpretation in the process of interpreting tax legislation in cases dealing with tax-avoidance situations.
177) For example, the judicial doctrine of procedural legitimate expectation has been brought to bear to impose procedural constraints on agencies (namely hearings legitimately anticipated by persons affected by administrative acts) over and above those mandated by statute.
Generally, the provisions of the economic substance doctrine will not be applied when another judicial doctrine is more appropriate.
The Lawrence case also helped end the judicial doctrine of double jeopardy, which had previously prevented suspects from being tried twice for the same crime.
Their complex and contradictory role can be gauged by investigating the structural forces within Australia during the twentieth-century that shaped the judicial doctrine that ruled in the sphere of statutory labour law.
The first judicial doctrine of finality to consider is that of the law of the case.
Here, as elsewhere, my arguments haven't carried the day; the intrinsic goodness of retribution remains part of judicial doctrine.
NELSON, THE FOURTEENTH AMENDMENT: FROM POLITICAL PRINCIPLE TO JUDICIAL DOCTRINE 143-45 (1988).
9) Gregory, decided in 1935, is perhaps the most frequently cited Supreme Court case dealing with the formulation of a judicial doctrine for interpreting tax statutes.
The courts have often applied a judicial doctrine know as the economic substance doctrine to deny tax benefits arising from transactions that do not result in a meaningful change to the taxpayer's economic position other than a purported reduction in federal income tax.
would be unwilling to extend the relevant judicial doctrine into a
Professor Gerald Baier's Courts and Federalism: Judicial Doctrine in the United States, Australia and Canada (1) is an ambitious and original work that engages debates about the relationship between law and politics and about the possibility and utility of comparative federalism.
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