Sentences with phrase «against public law challenges»

Jennifer Oscroft Specialises in defending local housing authorities and social landlords against public law challenges, offering particularly valuable insight into the housing implications of the Public Sector Equality Duty.

Not exact matches

In some European nations, there are more equal gender laws concerning public nudity but those nations have LESS sexual assault and violence against women than in the United States - so there is no legal rationale for this double - standard - it's simply an unconstitutional tradition that has never been challenged in court by ACLU attorneys.

Earlier this week, Darren Dopp quietly paid the $ 10,000 fine levied against him by the Public Integrity Commission, even as he continues to insist he will challenge the decision that he violated the law in connection with the Troopergate scandal.

The amicus brief argues that the DOJ denying sanctuary cities the Edward Byrne Memorial Justice Assistance Grant, a prominent federal funding source for local enfacement agencies, is against federal law, seizes local control in public safety policy and «poses serious challenges for local governments.»

Existing literature on infectious disease policy, ethics, and law, outside the context of genomics, describes the potential for stigmatization of individuals or subpopulations, the challenge of balancing individual interests and protections (for example, privacy, autonomy, freedom of movement) against risks of harm to others and to public health, issues of justice, and employer or health professional obligations [27], [28].

A slew of anti-school choice activists, including the teachers union, state school boards association, and the state PTA, filed two separate legal challenges against the state's school choice laws, alleging that they violate the state constitution's historically anti-Catholic Blaine Amendment, which prohibits public funds from being expended at religious schools, and the state's «uniformity» clause.

Although the book is based on papers that were presented in 2014 and predates some important developments, such as the previously mentioned Council Regulation on the European Public Prosecutor's Office and the recent Directive on the fight against fraud to the Union's financial interests by means of criminal law, the book is not at all outdated, the issues and challenges identified remain relevant to this very day.

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

While the case is perhaps most notable for a sustained blast by Sedley LJ against the injustice he sees as having been done to her by the previous health secretary who stepped in to stop the trust making the severance payment it had agreed, the principal judgment on the substance of the case was by Laws LJ who accepted that payments by public authorities to their employees can be challenged under administrative law principles, but obviously found it in general invidious if an authority is using such principles to try to avoid a contractual agreement made by itself.

The British Columbia Court of Appeal ruled on Tuesday October 12, 2010, that a former sex worker and the Downtown Eastside Sex Workers United against Violence Society (a lobby group representing sex trade workers), can challenge the law provisions dealing with prostitution (operating a bawdy house, communicating in public to sell sex or living off the avails of prostitution), alleging that they violate ss.