As activists in the nineteen-seventies mounted a broad anti-rape movement, feminist legal theorists fought judicial provisions that discriminated against rape victims.
Mr. Collins's proposed amendment contains no such judicial bypass provision.
The law, which took effect on Jan . 1 included a "judicial bypass" provision, allowing minors to have an abortion without notifying their parents if they could demonstrate to a judge that they were "mature and sufficiently well informed".
The New Jersey law, passed in June 1999 by a vote of 59 to 17 in the Assembly and 31 to 8 in the Senate, was supposed to have been saved by its "judicial bypass" provision.
The judicial bribery provision of the Crimes Act of 1790, passed the following year, provided for disqualification, and a fine and imprisonment "at the discretion of the court," for both the judge and the payor.
So it will be open to the senior high court judge to look at necessity and proportionality but they will be able, under the judicial review provisions, to have the flexibility to determine the way in which they look at that decision".
Even public health laws rewritten in the wake of the 9/11 events often include judicial review provisions that would be unworkable in a large outbreak; persons would either be detained illegally or be released because of legal technicalities.
He publicly urged Mr. Morsi to amend the decree so that it would no longer place all the president's future edicts above judicial scrutiny — the provision that aroused the loudest outcry — but instead would protect only edicts related to the functions of the constituent assembly and upper house of Parliament.
Hillary Clinton, as New York's Senator, should have stepped up to the plate and fought the change because the old code provided for something called judicial modification; a provision that that allowed a bankruptcy judge to force banks to modify a homeowner's mortgage.
Alito: "What is the difference between guaranteed-issue and community-rating provisions on the one hand and other provisions that increase costs substantially for insurance companies?" Kennedy: "We would be exercising the judicial power if one provision was stricken and the others remained to impose a risk on insurance companies that Congress had never intended".
