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Ultimately, the courts must decide the issue based on what Parliament has authorized according to what may be summarized as the language, scope and objects of the empowering statute.
If the process is complex and much discretion is accorded to the authority by the empowering statute, the court is unlikely to find that a precedent fact is involved.
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"Ofcom is empowered by statute and has been able to interpret those statutory powers to step into a vacuum created by the arrival and departure of four culture secretaries in as many years and a department that lacks firepower and capability".
Appellee refused to charge the rates so ordered and sued to enjoin the enforcement of the order upon the ground that the commission was not empowered by statute to prescribe specific rates and that the order violated the state Constitution and the due process clause of the Fourteenth Amendment.
There was no statute empowering the President to withdraw any of these lands from settlement, or to reserve them for any of the purposes indicated.
That case arose under a statute empowering the city of Cambridge to require the owners of certain lands to fill them to a prescribed grade in order to abate a nuisance.
Under the federal statutes empowering the Sentencing Commission to set the sentencing ranges in the federal criminal courts, Congress has until November 1, 2014, to overrule or modify the proposed change.
Rather, we are faced with a dependency statute that empowers state officials to circumvent neglect proceedings on the theory that an unwed father is not a 'parent' whose existing relationship with his children must be considered.
That statute empowers us to review cases upon "appeal by a party relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States". One who is not an original party to a lawsuit may of course become a party by intervention, substitution, or third-party practice.
And that statute empowers the commission to fight fraudulent and deceptive marketing practices.
The statute empowers developers of affordable housing to override local zoning restrictions in towns in which less than 10 percent of the housing stock qualifies as affordable.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com