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 ?
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 economic substance doctrine is a common law judicial doctrine that disallows tax benefits of a transaction if the transaction lacks economic substance or a business purpose.
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.
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.
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.
NELSON, THE FOURTEENTH AMENDMENT: FROM POLITICAL PRINCIPLE TO JUDICIAL DOCTRINE 143-45 (1988).
required from Congress to override [the] settled judicial doctrine of intra-military immunity.

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