prescribed by law definition
prescribed by law. , the Court stated, means not only that the measure must be provided by law, but also that the citizen must be able to foresee the consequenc- es of a particular act under reasonable circumstances.70 However, since it is not possible to determine all the consequences that may result from a particular action, they are therefore unattainable.71 They are determined in each specific case before the Court. National courts have the task of interpreting domestic laws, which must ensure legal protection against arbitrary interference by the authorities with the rights protected by the Convention.72 The role of the Court is limited to determining whether the effects of that interpretation are consistent with the Convention, unless the interpretation is considered arbitrary or clearly unreasonable.73 When a norm is applied for the first time in a case, the plaintiff cannot invoke the unpredictability of the law,74 since it has been published in the national official gazette and is avail- able to everyone,75 although the Convention does not does not set out any specific requirements as to the degree of publicity to be given to a legal provision.76
prescribed by law requirement means that any rule which violates a human right must be enacted by Parliament or a legislature. A decision made by a public official is not prescribed by law if it is not required by a statute or by regulations created under a statute (such as the PSA Regulations on disclosure of personal information by the police). Because police decisions to inquire about or disclose immigration status are not required by statute or regulation, they are not prescribed by law. Therefore, the effect that police disclosure of immigration status has on equality rights is not legally permissible under section 1 of the Charter.
prescribed by law means that the law must be accessible, unambiguous, drawn narrowly and with sufficient precision so as to enable individuals to foresee whether a particular action is unlawful;
More Definitions of prescribed by law
prescribed by law means something that is in a statute or regulation (express or implied)
prescribed by law means prescribed or provided by the Connecticut General Statutes as
prescribed by law requirement means that the law or regulation must specify the criteria by which the freedom will be limited, or it must be implicit from its terms or operating requirements.138 It "cannot be vague, undefined, and totally discretionary" leaving limits "to the whim of an official".139 That is, legislators cannot make "blank cheque" laws.