I ended up writing a number of
articles on judicial review of the IPC and why I thought it had become a problem.
In part as a response to this criticism, the Member States revised the old
article on judicial review by adding a sentence to the paragraph on the locus standi of non-privileged applicants.
Not exact matches
In accordance with
Article 7 (2) of Protocol No 2 to the Lisbon Treaty, the Commission must
review its proposal when at least a quarter of all votes allocated to national Parliaments [3] reject a legislative proposal submitted
on the basis of
Article 76 TFEU (i.e., any proposal regarding
judicial cooperation in criminal matters) for not being in compliance with the principle of subsidiarity.
Accordingly the book opens with a part
on EU Constitutional Law, which ends however with a short chapter
on judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Indi
judicial review of the constitutionality of EU legislation, that almost naturally launches the series of
articles on the EU
Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Indi
Judicial Architecture in Part II, which in turn leads to Part III
on Judicial Protection of Indi
Judicial Protection of Individuals.
The Court first pointed out that «while the treaties do not contain any provision to the effect that powers may be conferred
on a Union body, office or agency, a number of provisions in the FEU Treaty none the less presuppose that such a possibility exists» (para 79) and referred to
articles 263, 265, 267 and 277 TFEU which make clear that acts of such EU bodies are subject to
judicial review by the Court.
An update at the end of this
article says that the House of Lords defeated the proposed amendments
on judicial review in three separate votes.
R (
On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECH
On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention
on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECH
on behalf of Liberty:
Judicial review of decision to retain information
on national extremism database, in reliance on Article 8, ECH
on national extremism database, in reliance
on Article 8, ECH
on Article 8, ECHR.
R (
On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECH
On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention
on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECH
on behalf of Liberty in
judicial review of decision to retain information
on national extremism database in reliance on Article 8, ECH
on national extremism database in reliance
on Article 8, ECH
on Article 8, ECHR.
In this
article, the author focuses
on the
judicial review of «international» arbitral awards.
In reaching this decision, the High Court undertook a
review of past Singapore case law and legal commentary
on the nature and purpose of
Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against
judicial scrutiny by delivering its conclusions
on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».
You need pay nothing to access the front page of
Judicial Reports, which features weekly, magazine - style
articles reporting
on the administration of justice in New York together with daily
reviews of legal news.
They get their lustrous credential to put
on that résumé that will land them the
judicial clerkships where they will get more experience working
on judicial opinions — those lengthy, obfuscatory
judicial opinions that fail to cite law
review articles».
In light of this jurisprudence, and somewhat unsurprisingly given its familiarity with
judicial review founded
on Article 6, the Court of Appeal concluded that the right of access to justice contained in
Article 47 of the Charter was sufficiently precise to have horizontal direct effect [80].
The Santos claim is the only issued application for
judicial review on the issue of whether the Prime Minister has the power to serve notice of withdrawal from the EU under
Article 50 based
on Royal Prerogative or will need a vote in Parliament approving withdrawal.
The European Court and Actions for Annulment: Codebook for Data Set
on Actions under
Article 230, 1954 - 2006 Alec Stone Sweet and Thomas L. Brunell The data set, which is made accessible here, contains the first 5,143 Art. 230 actions for annulment — applications for the
judicial review of the legality of Community acts — filed with the European Court of Justice.
In the final paragraph, EPLAW therefore «urges the Council to use this opportunity to propose an amendment to
Article 11 EPC and in any event to critically
review the Guidelines for Investigation [the basis
on which the suspension happened] so as to avoid any further concern with respect to the principle of
judicial independence at the EPO.»
This month's bulletin contains five short
articles on (i) Tribunal Fees
Review; (ii)
Judicial Assessment; (iii) Rising Value of Discrimination Claims; (iv) Tribunal Judgments Online; and (v) The new limits for Unfair Dismissal Awards.
As there was then an opportunity for the Order to be set aside without delay
on an application of
judicial review principles, I think that it was unnecessary for an opportunity to be provided for the Bank to be consulted before the Order was made in order to satisfy the requirements of the
article.
501 «Reasonableness Transformed (in Canada)» [2008] 13 J.R. 214 «Complicating Simplicity: the «Court First Seised» and «Related Actions» in
Article 28» [2008] 27 C.J.Q. 454 «Monkeying Around with Free Speech» (2008) 124 L.Q.R. 560 «
Judicial Review — Ten Years
On» [2008] 13 J.R. 214 «Clarifying Immateriality» [2008] 13 J.R. 111 «Of Coups and Compensation Claims: Mbasogo Reassessed» [2008] 19 King's L.J. 176 «Independent and Impartial Tribunals: Another One Bites the Dust» [2008] 13 J.R. 46 «Proportionality, the Decision - Maker and the House of Lords» [2007] 12 J.R. 221 «Au Revoir to Renvoi?»
Some of my cases going to a judgment in the last few years were: Click to open judgment in fresh window (Scottish Courts site) Insurance implications of playing «Happy Birthday»
on the piano Damages for psychiatric illness caused by bereavement
Judicial approval of the Hohfeldian analysis of rights Leading case
on fair rent assessment Title raiders and retrospective rectification Leading case
on competency of hearsay evidence Detention ordered by children's hearing:
Articles 5 and 6 of ECHR No damage suffered by making a smaller profit than expected «In a well - regulated legal universe black holes should not exist» How much is half a home worth, with or without a mortgage «Reasonably obtained» held not to include unethically obtained Leading case
on children's hearing system and ECHR Attempt to judicially
review SNP; petitioners held not to exist Unlawful for council to charge for property enquiries Fair sharing (100 % to nil) of matrimonial property
5 March 2008 — Lord Chief Justice rules that
Article 8 ECHR rights to private life and correspondence must be respected in mutual assistance proceedings concerning business transactions
On 4 & 5 March 2008, the Divisional Court (Lord Phillips of Worth Matravers LCJ presiding) heard the
judicial review in Hafner and anor v. City of -LSB-...]
However, an appeal to the County Court from the local authority's decision
on judicial review principles is
judicial scrutiny of sufficient scope to satisfy the requirements of
Article 6.
Gideon is building
on the public law experience he gained during pupillage, in which he worked
on judicial review claims in respect of deaths in custody, immigration and
article 8 challenges.
Due to be heard at the Supreme Court in a matter of weeks, the Miller case is a
judicial review challenging the government's stance
on the invocation of
Article 50.
Articles that will be accepted by the Canadian Justice
Review Board for display
on this site must therefore refrain from being solely «issue» driven and must contribute to a constructive dialogue about the Canadian
judicial «process».