And, after the white South African government enacted the 1913 Natives Land
Act establishing the principle of territorial segregation based on race, indigenous black independent churches rose up in often violent protest.
Not exact matches
But even before they had freed themselves from the bonds of English society they had undertaken an «Agreement» in Cambridge, England, the year before and bound themselves to a new covenant with obligations both to God and one another.16 The «Agreement» of the Massachusetts Bay Colony was a beginning that contained its own
principle, just as, as we have seen, the
acts establishing the new republic did.
Thus in the final analysis we must assent to an ultimate triunity of
principles defining the divine life: the divine creative
act nontemporally generating the primordial nature, from which proceeds the consequent nature as implicated in the Whiteheadian «categoreal conditions»
established by the primordial envisagement.
It must then pass on to Christian citizens,
acting in their civic capacity, the task of re-shaping the existing order in closer conformity to the
principles... It is sometimes supposed that what the Church has to do is to sketch a perfect social order and urge men to
establish it.
The
act states that «the Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.&raq
act states that «the Supreme Court and all courts
established by
Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.&raq
Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and
principles of law.»
The plan
establishes a set of six fundamental
principles for the region, which include: transportation and other infrastructure upgrades; new commercial and residential growth; land use and transportation decisions based on policies like the Global Warming Solutions
Act and the Clean Energy and Climate Plan; creation and preservation of workforce housing that matches new job rates; creation and maintenance of an effective public transit system; and coordinated planning and implementation efforts.
Some of the ideas already mooted include drafting of a model law
establishing SIECs to bring them in line with the Electoral
Act and global best practice, as well as the development of voluntary «Guiding
Principles for the Conduct of Free, Fair and Credible Elections in Nigeria» to which we expect all 37 Election Management Bodies in Nigeria to accede.
The Danish Institute for Human Rights (DIHR) is an independent National Human Rights Institution
established by an
act of Danish Parliament in 1987 and modeled in accordance with the UN Paris
Principles.
Some of the ideas already mooted include drafting of a model law
establishing SIECs to bring them in line with the Electoral
Act and global best practices, as well as the development of voluntary «Guiding
Principles for the Conduct of Free, Fair and Credible Elections in Nigeria» to which we expect all 37 Election Management Bodies in Nigeria to accede.
In so many words, this noble purpose was
established in 2002 by the No Child Left Behind
Act (NCLB) as the Nation's guiding
principle for improving public education.
In 2015, state chiefs came together to
establish these key
principles for reauthorizing the Elementary and Secondary Education
Act.
The governance comes in the form of a board of twelve trustees, who are, as the Tate web site proclaims po - faced, «required to follow the
principles established by the Nolan Committee in the conduct of public bodies», one of these
principles being, «Selflessness — holders of public office should
act solely in terms of the public interest.
Third, contradictory provisions in the amendments of the Clean Air
Act mean that the section being used by the agency to
establish these rules «ignores basic
principles of statutory construction,» and raises separation of powers issues.
CGSB violated the three foundation
principles required by the Council's procedures and practices, which are based upon the process of «voluntary standardization»
established by the Standards Council of Canada
Act.
Consequently, the appeal raised essentially two questions: (i) whether this is the type of case in which the court
acting in accordance with
established principles or any logical extension of these can grant injunctions of the type sought; and (ii) if so whether it should do so in the exercise of its discretion.
As a distinction from the general
principle though, it is well
established that a mother does not owe a duty of care to
act in the best interests of her unborn child.
Much less protection is provided in Australia, where the regime
established for the protection of confidentiality in dispute resolution negotiations generally, under the Australian Evidence
Act 1995, admits even more exceptions than the English without prejudice
principle.
Great care must therefore be taken to consider each decision in the light of the circumstances of the case in view of which it was pronounced, especially in the interpretation of an
Act such as the British North America
Act, which was a great constitutional charter, and not to allow general phrases to obscure the underlying object of the
Act, which was to
establish a system of government upon essentially federal
principles.
It is a basic
principle of the law of negligence that it is not sufficient for a plaintiff to merely demonstrate that a defendant had
acted negligently; it must also
establish that the defendant's negligence is what caused the plaintiff's injury.8 The onus lies on the plaintiff to
establish causation as a probability and it is insufficient to merely demonstrate that the defendant's negligence caused the plaintiff injury.9 The proof of causation is a necessary element of negligence, as «a defendant in an action in negligence is not a wrongdoer at large: he [or she] is a wrongdoer only in respect of the damage which he [or she] actually causes to the plaintiff.
Northrock sued ExxonMobil, its subsidiaries, and the third party, alleging that the transfer by ExxonMobil to its subsidiaries was in breach of the
principle established in GATXCorp v Hawker Siddeley Canada Inc («GATX») that a seller
acts in bad faith if a transaction is structured so as to avoid ROFR obligations.
As part of this commitment, CAPL has adopted Privacy and Anti-Spam Policies as set out below and has
established ten privacy
principles to govern its actions as relating to the collection, use and disclosure of your personal information based on the Canadian Standard Association's Model Code for the Protection of Personal Information, Canada's Personal Information Protection and Electronic Documents
Act and Canada's Anti-Spam Legislation.
The Federal Arbitration
Act (the
Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2,
establishes an equal - treatment
principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.
The advantage of a SOPO or SOSHO is that there are now well
established principles and procedures — including the necessity for the service of Civil Evidence
Act Notices where appropriate and the prior service of a properly drafted proposed minute of the injunction.
This private member's bill sought to amend the Divorce
Act so that judges would be required to apply the
principle of equal parenting unless it could be
established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.
Accordingly, applying the
principles of statutory interpretation, it is assume that Parliament did not intend to overrule the well -
established rules of the common law when passing the Mental Capacity
Act, in the absence of clear words or at least necessary implication.
In terms of legal
principles, says Ledward, the decision
establishes that search engines «process» personal data within the meaning of the EU Directive 95 / 46 / EC and the data Protection
Act 1988.
It is a long
established constitutional
principle that taxation can only be imposed by an
Act of Parliament.»
[47] A plain reading of the Execution
Act makes it clear that it does not create any substantive rights that override or supplant the long -
established principle of corporate separateness.
The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the
principle, relying upon the common law duty to
act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear
established practice of wider consultation).
[Google Translate: That the National Assembly fully supports the decision by its Directorate of Security to prohibit the wearing of the kirpan in consultations on Bill 94, An
Act establishing the guidelines governing requests for accommodation in the Administration and in some institutions, thus applying the
principle of state neutrality.
In addition, Quebec's Bill 94, An
Act to
establish guidelines governing accommodation requests within the Administration and certain institutions was reintroduced at the same stage and subsequently adopted in
principle (sent for second reading) in a close vote.
«What needs to be emphasised», he said, «is that the provisions of s 24 (1)(a) of the Matrimonial Causes
Act 1973 do not give the court power to disapply the
established principles of legal and beneficial ownership or of company law.»
In addition, the
principles set out by the High Court will (as it recognised) be applicable to applications to the new Court of Protection to be
established under the Mental Capacity
Act 2005: as from October 2007, that court will effectively take over responsibility for this area of law from the High Court.
That the National Assembly fully supports the decision by its Directorate of Security to prohibit the wearing of the kirpan in consultations on Bill 94, An
Act establishing the guidelines governing requests for accommodation in the Administration and in some institutions, thus applying the
principle of state neutrality.
The court stated that it has been long
established that there is but one
principle or approach to statutory interpretation which is that the words of the statute are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the
Act, the object of the
Act and the intention of the enacting legislative body.
The
principle that the affirmation of appellate jurisdiction implies the negation of all such jurisdiction not affirmed having been thus
established, it was an almost necessary consequence that
acts of Congress, providing for the exercise of jurisdiction, should come to be spoken of as
acts granting jurisdiction, and not as
acts making exceptions to the constitutional grant of it.
He found that in order the government to acquire private interests for the benefit of a private third party to be valid under the LAA, it must be enabled by a specific and unambiguous provision of the
Act [66] and that, unless such an unambiguous provision exists, «the well -
established principles of the common law that are here invoked... on behalf of the Aboriginal native title holders», should be upheld.
These
principles are reflected in provisions of the resulting
Act which
established four regional land councils with an independent source of funding through the Aboriginal Benefits Account, controls access of non-traditional owners to the land, gives traditional owners the power to veto minerals exploration on their land, and ensures development proposals do not occur without the informed consent of the traditional owners.
Therefore, under the
principle of reciprocity, when an individual feels that he has benefited from an
act, which is the beneficiary of the
act, the individual will have a psychological pressure to return the interest to the other subjects initiating such behavior, creates a sense of return benefit, which may give rise to an
act of reward for an individual receiving a benefit, thus forming a reciprocal mechanism for giving and rewarding, and
establishing a continuing good social Exchange [14].