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The legislature has power to fix rates, and the extent of judicial interference is protection against unreasonable rates.
As the Daily Beast's Daniel Klaidman reported at the time: [A] senior Justice Department official says the FBI is mounting a major effort to preserve its ability to issue the letters free of judicial interference.
Appeal court president Margaret McMurdo has refused to sit with Carmody after he accused her of judicial interference by raising matters that led to his withdrawal from the Brett Cowan appeal amid claims of apprehended bias.
In September, when Mr. Zuma appointed his preferred candidate for chief justice of the Constitutional Court, in the face of public protests, he complained loudly of judicial interference in the functioning of the executive branch.
Lochner was destined to become a symbol of judicial interference with the democratic process, and Holmes's dissent became a rallying cry for the Progressive movement in the United States.
While the courts can set aside legislative enactments upon this ground, the principles upon which such interference is warranted are as well settled as is the right of judicial interference itself.
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The mere fact that a court may differ with the legislature in its views of public policy, or that judges may hold views inconsistent with the propriety of the legislation in question, affords no ground for judicial interference.
It seems to us clear, therefore, that there is no justification for judicial interference to withdraw these assumedly nondeleterious compounds from the prohibitions of the act.
But lawyers for the defence claim that his statements are tantamount to judicial interference.
"We are seeing a return of past episodes of political or judicial interference in political parties and political representatives, particularly those who have fallen foul of state policy," he said.
Instead of using the opportunity to condemn the blanket use of section 1 stop and searches as an abuse of civil liberties, even more draconian legislation is called for asking for further powers, presumably to counteract the effects of any pesky judicial interference.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com