That right is considered a "peremptory norm" in international law, which means that it takes precedence over conflicting obligations, treaties and bilateral agreements.
After the nine of us were finished and it was time to consider the peremptories in judge's chambers, Judge Egerton looked at the clock and, at only 4 15, called for a recess until the next morning.
In denying the appeal, the appellate court observed, "To date, this court has not considered the question whether the exercise of a peremptory challenge to remove a juror because of his or her sexual orientation or because the juror was transgendered would violate the guarantees of art.
Ewell, who had previously served under Stonewall Jackson, a general well known for issuing peremptory orders, determined such an assault was not practicable and, thus, did not attempt it; this decision is considered by historians to be a great missed opportunity.
The Ninth Circuit Court of Appeals in California is considering whether lawyers can use their peremptory challenges to exclude gays from a jury, which has led some legal scholars to wonder whether peremptory (as opposed to for-cause) challenges should be done away with altogether.
With its peremptory refusal even to consider a complete test ban, the Administration plays into Mr. Gorbachev's hands.
Next month, the Supreme Court will consider whether Mr. Evans's use of dozens of peremptory challenges — ones that do not require giving a reason — to exclude black prospective jurors violated the Constitution.
Section 30, with regard to peremptory challenges, was re-enacted and supplemented in 1865.
That stance, taken today by Chief Judge Judith S. Kaye and two of her colleagues on the Court of Appeals, raises the prospect, experts say, that in future the court could consider striking down the law that sets the number of such juror dismissals, known as peremptory challenges, which would make for a major change in criminal trials.
The petitioners alleged that CARB failed to comply with its obligations under CEQA or with the terms of a peremptory writ of mandate issued by the California Superior Court in 2014 that ordered CARB to consider its 2009 LCFS regulation's potential adverse environmental effects of emissions of nitrogen oxides.
