Sentences with phrase «clear statutory basis»

, says the national DNA database for England and Wales is already the largest in the world, at 5 million profiles and growing, yet has no clear statutory basis or independent oversight...

Not exact matches

If Grab decides to make an offer that includes a «substantially similar» salary to what they earned at Uber — and it isn't entirely clear what «substantially similar» means — but the staffer doesn't want to move over, then they will only receive the minimum statutory severance based on the local laws where they live.

Expressing happiness at the development, the Inspector General of Police, Acting IGP Ibrahim Idris noted that «this rating is a clear testimony of his determination to turn around the Nigeria Police Force for more efficient service delivery by ensuring that the Force carried out its statutory duties based on international core values of Policing with integrity for a safer Nigeria.

In this case UVa presented a clear way out based on existing case and statutory law in VA..

However, Strauss has been quite clear that the claim is not based on contract or a statutory claim.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

The court was clear too that a statutory review is grounded in a judicial review test rather than a merits - based assessment, and that ordinary Wednesbury principles would apply.

It is clear that the basis of the law of the DIFC is statutory.

This decision may be welcomed for definitively making clear that there is room for an assessment on a case to case basis in determining the validity of a contract in violation of a statutory provision.

Because the statutory scheme was clear, there was no basis to attack the existence or exercise of the appointment power, but it did provide the majority with another reason to refuse to estop Mr. Penner's civil action:

Absent clear decisions from government in the reasonably near future, we have to proceed with reform on the basis of the existing statutory regime.»

At the end of his judgment he pointed to a clear need for reconsideration of this point at the highest level and also mentioned one definite loose end — in this case there had been no consideration of how the narrow principle fits in (if at all) with the statutory duty to mitigate loss in s 123 (4) of the Employment Rights Act 1996 (ERA 1996) which, after all, had been the basis for Hardy v Polk in the first place (rather than the later decision of the House of Lords in Dunnachie).

FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no time with applicant father — Where the court has a statutory mandate to make parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.