Sentences with phrase «by judicial action»

These issues have been decided on local and state levels, or by judicial action.

Not exact matches

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

This symposium addresses many similarly troubling judicial actions that add up to an entrenched pattern of government by judges that is nothing less than the usurpation of politics.

That one action by Senator Kennedy paved the way for a judicial appointment that almost surely was the key to preserving a constitutional right to abortion on demand and to the overturning of U.S. laws protecting marriage as the union of one man and one woman.

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good - faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

While the court resolved that the case instituted by the former First Lady did not constitute an abuse of judicial process, it resolved that the actions of the EFCC complained of by her did not constitute a violation of her rights and that she was not entitled to any of the six reliefs sought in the suit.

Judicial review is used by individuals, businesses and organisations to test the lawfulness of government decisions and actions, from those of ministers to local authorities.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

Anas Aremeyaw Anas attempted to violate the 1992 Constitution in October, 2015 when he went to Kumasi to publish the same so — called judicial corruption exposé but he was compelled to abandon it by a court action.

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.

Oloyede also filed a motion ex-parte asking the court to grant her permission to institute a legal action against the state lawmakers over their recommendation that she should be sanctioned by the National Judicial Commission (NJC).

Attorney General Eric Schneiderman argued in papers filed Friday that the opponents have not been harmed by the law, don't have standing to challenge the actions of the Senate and any procedural actions of the Senate and governor aren't subject to judicial review.

The plaintiff wants the suit, which also cites the Attorney General, to declare the action being initiated against the EC boss by the Judicial Council as unconstitutional, void and of no effect.

He defended the decision of the PDP to dissolve its national working committee (NWC), accusing those who were displeased by the action of manipulating «judicial proceedings».

We will disclose personal information about our members if and when is required by law and if such an action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Website.

If the waiver of the right to participate in a class action set forth in subparagraphs (b) and (d) above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained in paragraphs (b) and (d) is null and void.

Star Wars Elite Series Die Cast Action Figures inspired by Star Wars: The Last Jedi (characters included: Kylo Ren (unmasked), Rey, Luke Skywalker, First Order Judicial Stormtrooper, Praetorian Guard, R2 - D2).

Judicial action is most appropriate when legislatures have been captured by special interests.

An example of judicial action with inadequate information is to be found in Kansas, where a willfully blinkered court chose to rely on one consultant's study, by the firm of Augenblick & Myers (A&M), in ordering how much the legislature should appropriate.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DOT facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.

Section 617.1403 (1)(a) sets forth the grounds for judicial dissolution of a corporation by an action brought by the Department of Legal Affairs, which covers instances where a corporation has obtained its articles of incorporation through fraud, or has continued to exceed or abuse the authority conferred upon it by law.

Only to the extent permitted by Rule 14d - 10 (b)(2), the Offer will exclude all holders of Shares in a U.S. state where Purchaser is prohibited from making the Offer by administrative or judicial action pursuant to a state statute after a good faith effort by Purchaser to comply with such statute.

Proceedings conducted by the Student Judicial Committee are completely independent of any civil or criminal proceeding and may occur simultaneously with such court action.

Even without action by the Congress or by the Administration, legal action on climate policy is likely to take place within the judicial realm.

Similarly, actions undertaken by Environmental Protection Agency that survive judicial review are very hard to change on a whim.»

[A] judge, at any time, may supplement the court record by a written memorandum explaining his or her reasons for judicial action.

The future of the EPSR depends largely on how it will be treated by the stakeholders, and here the judicial arenas should be activated if there is no meaningful enforcement actions following from the EU political actors and the member states.

The parent who does not receive payments must initiate action by judicial review: not a notoriously easy process and not always attracting of legal aid funding.

Alex Monem, a partner at Pape Salter Teillet LLP, which represents First Nations affected by the decision, says no legal action has yet been taken, but an injunction barring further sales processes, or perhaps a judicial review, may be in order if the government refuses to negotiate.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

The creation of a new class - action division in the Montreal judicial district that will be devoted to hearing all authorization demands is expected to both speed up and improve the management of cases by a select group of judges who are experienced and interested in that area of law.

When the Commission issues a decision against a given party, such party has at its disposal the complete system of judicial review provided by EU law, which includes the action for annulment at the General Court and the appeal to the CJEU.

On the basis of this conception of EU citizenship — as an independent and incipiently fundamental status that guarantees conditional equal treatment for all nationals of the Member States and that can not be extinguished by executive actions without a judicial assessment of proportionality — a teleological argument for the retention of the status notwithstanding withdrawal may be formulated.

The deputy principal then made an application to the High Court to review this decision, by way of judicial review (a review procedure for decisions / actions of public bodies).

We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.

Thus, in our system, evidentiary rulings provide the context in which the judicial process of inclusion and exclusion approves some conduct as comporting with constitutional guarantees and disapproves other actions by state agents.

Harrisonburg constitutional law reflects the fundamental relationships among the states, state and federal governments, the rights of individuals in relation to such governments, and the executive, legislative, and judicial actions that apply within the norms expressed by constitutional provisions.

Constitutional law reflects the fundamental relationships among the states, state and federal governments, the rights of individuals in relation to such governments, and the executive, legislative, and judicial actions that apply within the norms expressed by constitutional provisions.

Judicial review of administrative action can not be ousted by privative clauses.

We acted on subsequent judicial reviews brought by Air New Zealand and actions by Wellington International Airport to recover unpaid charges

Dan has also developed a diverse practice in all areas of employment litigation, including wrongful dismissal actions, unlawful competition by departed employees, occupational health and safety, human rights, judicial reviews, appeals as well as seeking injunctive relief against unlawful picketing activity.

The purpose of the consultation is to ensure that the Judicial Protocol will meet the needs of counsel, the judiciary, and parties affected by class action litigation, and will be effective in solving the problems that may arise in multijurisdictional class actions.

The same reasoning can be found in the action brought by the Prophet River and West Moberly First Nations in a concurrent judicial review to the Federal Court of the decision of the Governor in Council under the Canada Environmental Assessment Act, 2012: Prophet River First Nation v. Canada (Attorney General), 2015 FC 1030.

Bindmans scooped two awards — Charlotte Haworth Hird won the Inquests / Actions Against State award for her work on a judicial review which led to an inquiry into deaths of 18 - 24 year olds in custody; Mike Schwarz won Criminal Defence Lawyer for his work exposing misconduct by undercover police officers.

Indeed, the Act specifically states that» [t] here shall be no judicial review of compliance or noncompliance with any provision of this Act» and, moreover, «no provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.»

[39] I acknowledge that Ms. Prakash's action is set for hearing in February and an order that the matters be heard together will necessitate an adjournment of that trial; however, I am satisfied of a high degree of interconnectedness between the parties and that it is in the interests of justice that the matters be heard together, or as directed following the case planning process or by judicial management, if a judge is appointed to hear the matter.

Specifically, the complaint alleged that Justice Gableman violated the Code of Judicial Conduct by running a television ad during the campaign falsely implying that his opponent's actions resulted in the release of a felon who committed a subsequent criminal molestation.

Such privative or ouster clauses have often been treated with a degree of contempt by the courts particularly if they are seen as an attempt to exclude the supervisory powers by way of judicial review of the superior courts over administrative action.

Where parties have agreed to separate, we provide clients with careful and expedient advice to help them decide on a course of action that best suits their situation — whether by way of divorce or civil partnership, dissolution, judicial separation or a separation agreement.