judicial doctrine


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Noun1.judicial doctrine - (law) a principle underlying the formulation of jurisprudence
principle - a rule or standard especially of good behavior; "a man of principle"; "he will not violate his principles"
jus sanguinis - the principle that a person's nationality at birth is the same as that of his natural parents
jus soli - the principle that a person's nationality at birth is determined by the place of birth
preemption, pre-emption - the judicial principle asserting the supremacy of federal over state legislation on the same subject
relation back, relation - (law) the principle that an act done at a later time is deemed by law to have occurred at an earlier time; "his attorney argued for the relation back of the amended complaint to the time the initial complaint was filed"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
The regulatory regime the Bulletin adopts is an interesting counterpoint to judicial doctrine that broadly sweeps agency internal law into the notice-and-comment category.
149) This use of judicial doctrine interpreting the Constitution--as distinct from constitutional rights considered in themselves--can be understood as an example of judicial departmentalism in action.
Offering an overview of the evolution of judicial doctrine in gay rights, this casebook for law students and undergraduates seeks to be accessible to those with no background in constitutional law.
In practice, the limited and qualified immunity provided by HCQIA has been transformed into nearly absolute immunity by the "objective test," established by case law and by the judicial doctrine of non-review.
This Article maintains that current judicial doctrine and agency
It is only when the domestic tax laws of a country do not include a general anti-abuse rule or the judicial doctrine or principles are somewhat less restrictive or do not apply in the context of tax treaties that the general anti-abuse rule under the tax treaty may give specific legal recognition to the principles of treaty abuse.
The importance that the judge has is extremely high because, as important representatives of our judicial doctrine (1) uttered, he/she is "a referee of life, fortune, freedom and honor of everyone.
51) But clearly there are other considerations at stake besides perfectly tailoring judicial doctrine to expertise or other rationales for deference, and we will return to the matter of optimal variation later.
132) This judicial doctrine is consistent with the ideals of administrative efficiency because agencies are often better positioned to choose the most efficient means in pursuit of statutory ends given their informational advantages over courts.
Nixon's primary goal, McMahon argues, was not to shape judicial doctrine but to build an electoral coalition capable of sending him to, and keeping him in, the White House.
These penalties cannot be imposed based upon the application of another "similar rule of law" or judicial doctrine until further guidance is issued.
The agency's argument is based on a 35-year-old judicial doctrine called Glomar, which allows government agencies to respond to requests under the Freedom of Information Act, or FOIA, by refusing to confirm or deny the existence of the records that have been requested.

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