It's a case
about judicial review that only happens to involve freedom of speech and religion.
The existence of widespread agreement
about judicial review is almost puzzling — but it is actually an illustration of legal ideologies at work.
Here is an interesting case
about judicial review of regulations with, in the background, a hint that regulatory power was used to hinder an emerging business model Sobeys West Inc. v. College of Pharmacists of British Columbia, 2014 BCSC 1414.
The Joint Conference is convened by the School of Law, The Chinese University of Hong Kong, and the Centre for Public Law, University of Cambridge, in order to make a constructive and significant contribution to debate
about judicial review.
In the Redknapp case, although production orders under s 345 of the Proceeds of Crime Act 2002 and special procedure search warrants under PACE 1984, s 9 had previously been granted by a Crown Court judge, it was a warrant under PACE 1984, s 8 that brought
about the judicial review.
Not exact matches
Granting the Supreme Court supremacy in conducting discourse
about values through the mechanism of
judicial review disempowers the people from full participation in their government and their communities.
But Christians also should think theologically
about the overall institution of
judicial review, its promises and dangers.
On a completely unrelated matter, did anyone else notice that Roberts voted to strike down the federal Stolen Valor Act on the same day Michael Knox Beran thinks John Roberts taught us all a valuable lesson
about how
judicial review should only very, very rarely be used?
The importance of the second and third issues is obvious for decisions
about a written constitution, which later was interpreted as involving
judicial review of acts of Congress, and for a federal union of states having partial autonomy under a national government.
Whatever Marbury was supposed to mean
about the scope of the power of
judicial review, it is a notable fact that the Court declined to exercise that power to declare another act of Congress to be unconstitutional until 1857, when it ruled in the case of Dred Scott v. Sandford.
More importantly, constitutional
judicial review also serves as the engine for the basic constitutional conversation
about political values and commitments (Bickel, 1986).
Read the OSA's decision: https://humanism.org.uk/wp-content/uploads/AD2410The-London-Oratory-Hammersmith-Fulham-28August13.docx Read the BHA's previous press release on the OSA decision: https://humanism.org.uk/2013/08/29/schools-adjudicator-london-oratory-school-must-overhaul-admissions-criteria-after-bha-complaint/ Read the BHA's press release on the threat of
judicial review: https://humanism.org.uk/2013/11/05/london-oratory-school-challenges-schools-adjudicators-decision-must-rewrite-admissions-policy/ Read more
about the BHA's campaigns work on «faith» schools: http://www.humanism.org.uk/campaigns/religion-and-schools/faith-schools View the BHA's table of types of school with a religious character: http://www.humanism.org.uk/wp-content/uploads/schools-with-a-religious-character.pdf The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity.
Fresh from his defeat over the prisoner book ban, it looks like Chris Grayling may be
about to give way on at least one aspect of his
judicial review attack
John Prescott has said he intends to seek a
judicial review after the Metropolitan police refused to supply him with information
about phone - hacking.
He also suggested «severe doubts
about whether secondary legislation should be subject to
judicial review».
The Tory plans to repeal the HRA, together with the restricted access to our courts already brought
about by the restriction on
judicial review introduced by Gove's predecessor, Chris Grayling, will silence the vulnerable and leave great swaths of executive action unchecked and unaccountable.
The bill's clause six, which Mr Jack claims is potentially ambiguous
about the basis of principles of MPs» code of conduct, could be subject to
judicial review as a result.
Mr Hain, a former Northern Ireland Secretary, made the comments
about the handling of a
judicial review case by Lord Justice Girvan in 2006.
The judge said the decision
about whether to hold a
judicial review should be heard in open court, after privately considering the merits of the application.
Judicial review is
about to meet peer
review in a federal courtroom in San Francisco, where sparring cities and fossil fuel companies have been called to brief U.S. District Judge William Alsup this Wednesday on the basics of climate change.
Thus, «By the end of the rulemaking, EPA had fully explained all of the choices it made along the path of converting available scientific knowledge
about lead toxicology and exposure into a policy - based finding of endangerment from automotive lead emissions sufficient to justify regulation, and allow — and survive —
judicial review.»
He may be able to challenge the assertion as to arrears in
judicial review; though, unsurprisingly, High Court judges have been reluctant to enter the minutiae of a spat
about monthly and other payments (or not) over five years.
Sainsbury's is requesting a
judicial review after the Advertising Standards Authority (ASA) rejected its complaint
about Tesco's Price Promise campaign.
This underlying narrative is reflected in the structure of the book, which begins with the most basic of questions
about the nature of
judicial review (described as the keys to understanding what the court is doing), before moving on to parameters of
judicial review (further dominant themes shaping the law and practice) and grounds for
judicial review (public law wrongs justifying the court's intervention).
When we talk
about defending and protecting our judiciary, none of our work is more important than the peer
reviews we continue to perform on
judicial nominees being considered for lifetime appointments by the Senate Judiciary Committee.
One proposal of the Lord Chancellor on reforming
judicial review last year was the narrowing of the tests for standing, namely the ability to come to court and complain
about some public law unlawfulness: see, e.g. here.
The Mythbuster addresses misleading spin
about the cost of legal aid, the pay of legal aid lawyers,
judicial review and comparisons between the legal aid system in England and Wales and other countries.
In short, if we are concerned
about and wish to test the wisdom and legitimacy of EU - led criminalisation, can this be achieved via
judicial review?
The Anishinaabe Nation is seeking
judicial review related to five Ontario hydro generation plants in northwestern Ontario, saying the province failed to consult with it
about the impact proposed changes to the plants and their output would have on their way of life.
I
review all administrative and
judicial decisions relating to trademarks in Japan and write
about interesting decisions and topics relating to trademarks in my blog post every week.
It occurs to me, reading what is googleable
about Eloise's work for a few minutes that she (i) assisted with the investigation into a death in police custody while seconded to the IPCC (ii) was seconded to a solicitors» firm to assist with the phone hacking disclosure (iii) did pro bono work (iv) was involved with a
judicial review of a costs order that was requested by a Local Authority in a Non Payment Council Tax case at the local magistrates, which got into the law reports.
«There's Something Fishy
About Blawg
Review # 215 Main Supreme Court Issues Landmark Ruling in
Judicial Bias Case»
In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions
about the applicability of the Supreme Court of Canada's re-shaping of
judicial review doctrine to decisions taken by discretionary decision - makers: [19] I am inclined to find that the Director is subject to this «normal» or -LSB-...] Read more
While there is nothing particularly unusual
about this case, it does provide a good platform from which to revisit some of the fundamentals in
judicial review as we enter 2015.
The MOJ had a number of specific concerns
about the use of the
judicial review process including its use as a campaigning tactic and the delays and costs involved in the process...
This case raises challenging questions
about the proper constitutional role of courts, their appropriate function on
judicial review, and the relationship between administrative tribunals and the judiciary.
I have recently filed a petition for
judicial review of the conduct of one of Canada's law societies and I plan on presenting an argument
about a pervasive and inherent bias that afflicts the entire legal profession.
The Tribunal's website explains how to go
about seeking a
Judicial Review.
It moves from some preliminary matters (Part A) to talking
about «the Claim» for
judicial review in Part B.
While a tribunal's substantive decision - making under its home statute may survive a
judicial review merely by being reasonable, a tribunal must still be correct
about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).
We are experts in the changes to SEN law introduced with the Children and Families Act 2014 and were involved in the first
judicial review of local authority duties under the Act, which you can read
about here.
What is unusual
about the case described above is that the applicant brought
judicial review proceedings, challenging the police decision to disclose information
about her son.
«The Committee's
review of Judge Roberts's writings and public statements, however, has raised concerns
about the impact of Judge Roberts's
judicial philosophy in three broad areas essential to women's rights: (1) the use of state and federal power, (2) laws that have a substantial impact on women, and (3) federal laws intended to protect against discrimination based on sex.»
The claimant was representative of a group of Iraqis numbering
about 100 who either have brought, or wish to bring,
judicial review proceedings against the Secretary of State for Defence alleging that they were ill - treated in detention in Iraq at various times between 2003 and 2008 by members of the British Armed forces in breach of Article 3.
The Alberta Court of Queen's Bench recently granted Suncor Energy Inc.'s application for
judicial review and quashed an arbitration award
about Suncor's decision to institute a random drug and alcohol testing policy for certain employees.
Despite these findings and
judicial statements
about the inefficacy of keyword searching in eDiscovery, the prevailing practice continues to be search, process,
review, produce.
As part of the WTLA's
review of the bench, IAALS Executive Director Rebecca Love Kourlis wrote an article
about one way that Wyoming can enhance its selection and retention process, by conducting
judicial performance...
denied, 540 U.S. 825 (2003): In
reviewing charges stemming from a pro-prosecution
judicial campaign, the Florida Supreme Court upheld the pledge or promise clause, the commit clause, and the clause prohibiting false statements or misrepresentations about an opponent (in this case, giving a misleading account of the incumbent's granting bail in a particular case) of the Florida Code of Judicial
judicial campaign, the Florida Supreme Court upheld the pledge or promise clause, the commit clause, and the clause prohibiting false statements or misrepresentations
about an opponent (in this case, giving a misleading account of the incumbent's granting bail in a particular case) of the Florida Code of
Judicial Judicial Conduct.
The decision throws into sharp relief questions
about the effectiveness of
judicial review in criminal causes or matters where PII is claimed.
The first half outlined the series of
judicial review claims that have been brought over the last two years to challenge the lawfulness of the cuts to legal aid brought
about by the Legal Aid Sentencing and Punishment of Offenders (LASPO) Act 2012, while the second half examined the effect of human rights in individual cases across different areas of law.