Pragmatics involves considerations that make reference to the user of the language; semantics considers expressions and what they denote (the designata) abstracted from the language user; and syntax considers only the expressions themselves, abstracted from the designata.
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Smerinthulus designata is a species of moth of the family Sphingidae. It is known from China.
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Xanthorhoe designata, the flame carpet, is a moth of the genus Xanthorhoe in the family Geometridae. The species was first described by Johann Siegfried Hufnagel in 1767.
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Sarisophora designata is a moth in the family Lecithoceridae. It was described by Kyu-Tek Park in 2012. It is found in Papua New Guinea. The wingspan is about 13 mm.
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Megacyllene designata is a species of beetle in the family Cerambycidae. It was described by Chevrolat in 1862.Bezark, Larry G. A Photographic Catalog of the Cerambycidae of the World . Retrieved on 22 May 2012.
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The moth flies from the beginning of April to the end of September. It is found in meadows, damp woodland, hedgerows and suburban gardens. The larvae feed on species of Brassicaceae. Xanthorhoe designata overwinters as a pupa.
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Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions (in this case, the use of a locked firearms cabinet) to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body.
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Ultimately, the court held that Directive 53/00 interfered with the persona designata status of the Garda Superintendent, which couldn't be inferred on another. Furthermore, it was held that the Superintendent, in imposing such a condition was acting ultra vires, as there was no requirement for secure storage in the legislation. Keane CJ, in his judgement, held that the High Court was correct in holding that Superintendent's power, as conferred on them by section 2 of the 1925 Act, was, in fact, granted to the Superintendent as a persona designata, and therefore, such power could not be abdicated to anyone else. Furthermore, he may not be required to exercise it by another body or authority.
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D M Gordon wrote in the Canadian Bar Review:5 Can Bar Rev 174 (1927) at p.185 "the whole persona designata conception could be scrapped without the slightest inconvenience or the least distortion of legal principles". This view has been upheld numerous times in Canadian Supreme Court decisions. For instance in Re Herman and Dep. A.-G.
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The persona designata doctrine is a doctrine in law, particularly in Canadian and Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to powers having been conferred on the court. The doctrine in the more general sense has been recognised throughout the common law countries (including the United States). Persona designata, according to Black's Law Dictionary, means "A person considered as an individual rather than as a member of a class"; thus it may be a person specifically named or identified in a lawsuit, as opposed to the one belonging to an identified category or group.See also Osborn's Concise Law Dictionary, 4th Edition.
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In its place, the Electoral Act 1992 (Qld) established the Court of Disputed Returns as a division of the Supreme Court; to mirror the legal situation in the Australian court hierarchy with the High Court of Australia and the situation in other states, such as with the Supreme Court of New South Wales. In effect, the Supreme Court exercises the jurisdiction of disputed returns, rather than actually as a special tribunal or as acting as persona designata.
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After further arbitration hearings, the Manitoba Court of AppealThe agreement provides that the Manitoba Court of Appeal, as persona designata, may hear and decide appeals from the arbitrator's decisions. finally ruled that one or both of the federal and provincial governments was liable to pay damages as long as no bridge was in place. The agreement provides that there is no appeal from the decision of the Manitoba Court of Appeal.Article 24.34 of the Northern Flood Agreement.
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The name "Castel Gandolfo" is derived from the Latin Castrum Gandulphi,Spesso viene confusa con il Castrum Gandulphi la Turris Gandulphi o Gandulfa, che secondo lo storico di Ariccia Emanuele Lucidi (Memorie storiche dell'antichissimo municipio ora terra dell'Ariccia, e delle sue colonie di Genzano e Nemi, parte I, cap. IV pp. 41–42) sarebbe il toponimo con cui anticamente era designata l'attuale località di Tor Paluzzi, situata presso la frazione di Cecchina in comune di Ariccia. the name of the castle on this site was presumably owned by the family of Gandolfi, originally from Genoa.
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This exception has in subsequent cases been used to allow courts to be vested with wide-ranging powers. Thus, in R v Joske; Ex parte Australian Building Construction Employees and Builders' Labourers' Federation, powers such as reorganising unions and invalidating union rules were allowed to be exercised by a Chapter III court.. However, the exclusion of non-judicial power from a Chapter III court does not preclude individual justices from performing non-judicial functions, provided that they do so in their personal capacity; that is, they act as "persona designata".; see also .
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Can (1978), Chief Justice Laskin stated: > "The concept of persona designata came from the Courts and it can be > modified or abolished by the Courts. In my view, I think this Court should > declare that whenever a statutory power is conferred upon a Judge or officer > of a Court, the power should be deemed exercisable in official capacity as > representing the Court unless there is express provision to the contrary. > "91 D.L.R. (3d) 3 at p.8 [1979] 1 S.C.R. 729 and affirmed in Minister of Indian Affairs & Northern Development v.
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The appellants submitted that the control of firearms was a policing matter and due to the fact that statute regulated such power, did not make their control any less. The appellants also argued that because a licensing function had been conferred on Garda Superintendents, as persona designata, that power could be exercised at absolute discretion. It was also submitted that the Firearms Acts had the intention of local level senior officers granting firearm certificates. Finally, it was submitted that; it was not logical that the Oireachtas would remove, from the Commissioner, any power to ensure minimum acceptable standards of public safety; such a structure would be inconsistent with the purpose of the police force.
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The majority, Dixon CJ, McTiernan, Fullagar and Kitto JJ, held simply that the Arbitration Court was "a tribunal established and equipped primarily and predominantly for the work of industrial conciliation and arbitration" and thus held it was the attachment of powers of judicial enforcement that were invalid. Williams J held that if the combination of powers was not permissible, it would be the arbitral functions that would be invalid. Webb J took a different approach, holding that while judicial power could only be exercised by judges, the arbitral functions could be exercised by anyone, including by individuals who happened to be judges, referred to as persona designata. Taylor J did not address this issue.
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The separation of powers has not been thought to prevent the appointment of High Court judges to executive roles, such as the appointment of Sir Owen Dixon to be the Australian Minister to the United States, and the appointment of Chief Justice Sir Garfield Barwick to the National Debt Commission. s 6 constitution of the Commission. Similarly numerous judges have been appointed to vice-regal roles, including the tradition of appointing High Court judges as deputies to the Governor-General for the opening of the first session of Parliament and the appointment of state judges, typically the Chief Justice, as Lieutenant-Governor or Acting Governor. The conferral of non- judicial functions on judges in their personal capacity, as opposed to their judicial capacity is referred to as the doctrine of persona designata.
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A consequence of the Australian version of the separation of powers is its role in encouraging judicial deference to the "political" arms of government. The normal propensity of the High Court is to recognise that separation of powers requires not only that the "political branches" should not interfere with judicial activity, but also that the judiciary should leave politicians and administrators alone. The importance of deference has been acknowledged in extrajudicial writings, and in decisions such as Drake v Minister for Immigration & Ethnic Affairs (No 2).. As a manifestation of the separation of powers, a 'Chapter III Court' cannot make administrative decisions. In administrative law this means that the courts cannot substitute an original decision of the executive, but can only decide on its correctness.. The doctrine of persona designata permits non-judicial functions to be conferred on judges in their personal capacity, as opposed to their judicial capacity.. .
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On 19 June 2015, in Furfaro v. Cannavino, Quebec Court of Appeal Justices Duval-Hesler, St-Pierre and Vauclair rejected hearing the appeal on the grounds that Quebec Superior Court Judge Antonio De Michele was acting as a Persona Designata in conducting a judicial recount of the English Montreal School Board elections of 1 November 2014. Therefore, their contention was that any opposition to Judge De Michele's rulings must be heard in Superior Court and not at the Quebec Court of Appeal. They rejected the plaintiff's counsel's arguments that Judge De Michele was, in fact, acting in his capacity as Quebec Superior Court Judge since the hearing took place in a courtroom, with opposing lawyers arguing opposing points, and that the Judge required to make rulings on the validity of votes is supposed to rule based on the law, the main responsibility of a judge.
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The AAT was established in 1975, to conduct an independent merits review of administrative decisions made under Commonwealth laws. The AAT can 'stand in the shoes of the original decision maker' and reconsider the decision using whatever information is brought before it or available to it.. The High Court has long held that the separation of judicial power from legislative and executive powers was a fundamental principle of the Constitution.. This had the consequence that judicial power could only be exercised by a judge appointed to a court in accordance with section 72 of the Constitution. Judges' appointment, tenure, and remuneration.. The High Court also held that the separation of powers meant that a federal court could not validly be given non-judicial powers.. The administrative character of the AAT means that it is not a court and not part of the Australian court hierarchy. The President of the AAT was Gerard Brennan and Daryl Davies was a Deputy President, both of whom were Federal Court judges at the time, appointments referred to as persona designata.
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