Sentences with phrase «rights jurisdiction over»

Not exact matches

Switzerland and Liechtenstein are the only two jurisdictions left, where the power of politicians is limited and therefore offering the best protection for clients from all over the world when it comes to private property rights, especially when kept in hard assets stored outside the banking system.

Faced with such disputes — and Professor Leach is right, the list will be endless absent a constitutionally - entrenched climate framework — it is crucial to understand that jurisdiction over the environment in Canada is shared by the federal and provincial governments.

A first element is the unconditionality with which human rights and human dignity should be presented as values that take precedence over any state jurisdiction.

In 1812 Joseph Story became the youngest judge ever to be appointed to the Supreme Court, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national laws..

Had the Conservatives had a Parliamentary majority (or had formed a coalition with a certain party whose name shall go unmentioned), they might have found a way back to the status quo ante on at least (some of) the reforms that are practically reversible, viz. the House of Lords, the Human Rights Act, the Lord Chancellor's jurisdiction over the judiciary.

«What they've done is completely fail to prevent the European court from having jurisdiction in respect of the charter of fundamental rights over the United Kingdom in respect of domestic law.

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

It wouldn't be right for one party's court to have jurisdiction over the other.

• Amending Chapter 536 of the Laws of 2010 concerning the jurisdiction of the Division of Human Rights over claims made under that statute;

The Courts of Ghana will have exclusive jurisdiction over any claims arising from or related to, a visit to our Website although we retain the right to bring proceedings against breach of these conditions in your country of residence or any other relevant country.

«The Judiciary Committee has jurisdiction over legislation affecting not only the courts, but also estates, family law, domestic relations, civil rights, and many many other areas.

The precise rights that workers possess at any given moment depend entirely on which body has jurisdiction over their employer, legal experts told Next Wave.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

Meanwhile, earlier this month, the Federal Court of Appeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licences.

These GOP Neoliberal Thugs had no problems when the Bush / Cheney Oil / Gas Neocon Network took the nation to war in the ME using false claims, lies and propaganda while abandoning the Right of the EPA to have jurisdiction over the environmental impacts of Fracking across the nation.

It balances recognition of the inherent rights of a coastal state over its continental shelf with the interest of the international community in defining the limits of seabed beyond national jurisdiction, where the mineral resources are the common heritage of mankind and are administered through the International Seabed Authority.

The opposition also argues that FERC has no jurisdiction over demand response because the states have the exclusive right to regulate retail markets.

According to the Cape Breton Post, on a jurisdictional question over excluding certain documents, Stroud had said: «But I must say, I read the Crown's brief and I was very impressed with that and I am inclined to think the Crown is right that I don't have jurisdiction here.

By contrast to accession to the European Convention of Human Rights, which would effectively enable the jurisdiction of a separate international court over all aspects of EU legislative and administrative acts, the ambit of jurisdiction of any future joint EU - UK court would be far more limited.

It is perhaps indicative of the key role the Court has played in European integration that the European Union's opening hand on the protection of citizens» rights has argued for the full jurisdiction of the Court of Justice over the agreement.

Although the proposals have limited the substantive remit of such a potential court to citizens» rights, due to this area being the most contentious between the EU and the UK, in principle one could envisage a joint court with jurisdiction over all aspects of the withdrawal agreement.

Jay - Z argued, among other things, that the federal court lacked subject matter jurisdiction over alleged violations of Egyptian «moral rights,» but in an opinion issued on May 2, 2011, U.S. Judge Christina Snyder disagreed.

It will be a declaration, in my deliberate judgment, that the sovereign power of the people of the United States and Union must hereafter remain incapable of action over territory to which their rights in full dominion have been asserted with the most rigorous authority, and bow to a jurisdiction hitherto unknown, unacknowledged by any department of the government, denied by all through all time, unclaimed till now, and now declared to have been called into exercise not by any change in our Constitution, the laws of the Union or the States, but preexistent and paramount over the supreme law of the land.

Choosing the right jurisdiction and venue is important, because if either one is incorrect, the case may be dismissed or «thrown out,» and the plaintiff will have to start over again in the court that does have the proper jurisdiction and venue.

The government of Quebec, however, has said it will appeal the decision because the right to die is not a criminal issue but a health matter, over which the province of Quebec has jurisdiction.

I won't deny that India is a complex jurisdiction with overlapping laws due to its federal structure, however, the right kind of legal adviser can help the companies tide over the systemic inefficiencies.

In Pulse Data the ASC declined to exercise its public interest jurisdiction to cease trade a shareholder rights plan, primarily because a large majority of the shareholders of the issuer had voted to adopt the plan at a time where the take - over bid was pending with full disclosure of the implications of the shareholder rights plan.

In December 2014, the Investigatory Powers Tribunal — the UK court which has jurisdiction over GCHQ, MI5 and MI6 — ruled that these practices may in principle comply with the UK's human rights obligations, a finding that is the subject of this challenge.

According to the report's authors, the ECJ would no longer have jurisdiction to interpret rights derived from EU citizenship in the UK and a deal could be struck to confirm UK sovereignty over internal market and customs union matters and to define clearly the status of ECJ rulings in those areas.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or any aspect relating to use of your data under the Privacy and Cookies Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

The CRT has jurisdiction over two kinds of disputes, right now.

I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.

First there's choosing the right law, because the federal and provincial governments have overlapping jurisdiction over some but not all family law problems.

Author, «Gunn v. Minton: Supreme Court Pokes Another Hole in Exclusive Federal Jurisdiction Over Patent Rights,» SSRN No, 2332879 and IPLS Proceedings, March 2013

In the Canadian legal system, Aboriginal title is recognized as sui generis, meaning it is the unique collective right to use of, and jurisdiction over, ancestral territory and is separate from the rights of non-Aboriginal Canadian citizens under common law.

The brief supported the plaintiffs in the case, members of Jara's family, explaining that a U.S. court's decision to accept jurisdiction over plaintiffs» claims would be consistent with the Republic of Chile's goals of justice and accountability for human rights abuses committed during the Pinochet regime.

The Court made a number of comments in reaching this conclusion, which suggest that federalism concerns, and particularly the doctrine of «interjurisdictional immunity» in favour of Canada's exclusive jurisdiction over «Indians and lands reserved for Indians», have no place at all in assessing the infringement of section 35 rights by provincial laws of general application.

One is that the Court had in mind the amicus brief authored by Harvard Law School's Jack Goldsmith, which Justice Kennedy prominently cited for the proposition that: «No other nation in the world permits its courts to exercise universal civil jurisdiction over alleged extraterritorial human rights abuses to which the nation has no connection» (emphasis added).

Citing Bastarache J. in Tranchemontagne, the Court of Appeal concluded SHRC does not hold exclusive jurisdiction over human rights matters.

Although the Quebec government does not have the right to amend the Criminal Code, it may be circumvented by Quebec's provincial jurisdiction over health and professional qualifications.

The court when exercising the parens patriae jurisdiction takes over the rights and duties of the parents, although this is not to say that the parents will be excluded from the decision - making process.

The Federal Crown has jurisdiction over Aboriginal title land under its power over «Indians, and Lands reserved for the Indians,» but the Province has jurisdiction over forestry under its power over property and civil rights.

Both of these Fisheries Act provisions trenched on Provincial powers over property and civil rights in the Province, but one was found to have the primary purpose of protecting fisheries with only an incidental effect on Provincial jurisdiction, while the other was found to be insufficiently connected to the Federal fisheries power to be a valid exercise of the Federal power.

Moreover, even if a complainant has a right of appeal to a court, the court only has jurisdiction over individual complaints, and can not in an individual case deal with systemic issues of discrimination: Brar v. British Columbia Veterinary Medical Association, 2007 BCHRT 363 at para. 43 onward.

Our lawyers practice before the Federal Energy Regulatory Commission, the Department of Energy, the U.S. Securities and Exchange Commission and the U.S. Department of the Interior, routinely dealing with other agencies with jurisdiction over energy projects and facilities, such as the U.S. Department of Transportation (pipeline safety, offshore LNG), the U.S. Army Corps of Engineers, the U.S. Minerals Management Service (royalties, pipeline rights - of - way), the U.S. Department of Commerce and the U.S. Coast Guard (waterways, safety of harbors).

The continuing jurisdiction of human rights tribunals generally was recently illustrated by a decision of the Human Rights Tribunal of Ontario in Trozzi v. College of Nurses of Ontario, 2010 HRTO 1892 to retain jurisdiction over a complaint despite a human rights violation being dismissed by the Ontario Health Profession Appeal and Review Board («HPARB&rarights tribunals generally was recently illustrated by a decision of the Human Rights Tribunal of Ontario in Trozzi v. College of Nurses of Ontario, 2010 HRTO 1892 to retain jurisdiction over a complaint despite a human rights violation being dismissed by the Ontario Health Profession Appeal and Review Board («HPARB&raRights Tribunal of Ontario in Trozzi v. College of Nurses of Ontario, 2010 HRTO 1892 to retain jurisdiction over a complaint despite a human rights violation being dismissed by the Ontario Health Profession Appeal and Review Board («HPARB&rarights violation being dismissed by the Ontario Health Profession Appeal and Review Board («HPARB»).

Under the rule, the individual exercises the right to object before the court or other body having jurisdiction over the proceeding, and not to the covered entity.

Apple won several other cases against Samsung in different jurisdictions over a diversity of intellectual property rights, but Apple prevailed on design - related rights in only two countries: Germany and the United States.

A victim has standing to assert the rights enumerated in this section in any court with jurisdiction over the case.

This principle is particularly important in regard to human rights treaties in connection with jurisdiction over the person.