Sentences with phrase «court on judicial review»

WCAT wrongly equated the common law power to reopen an appeal to cure a jurisdictional defect with the power of a court on judicial review.

That award was upheld by the Divisional Court on judicial review.

This can lead to the strange result of four or more hearings: e.g., Administrative Tribunal, appeal to Court of Quebec, Superior Court on judicial review and then Court of Appeal.

That, in turn, would have clarified the substantive issues before the court on judicial review and allowed the court to determine whether that definition is reasonable (or correct, if that is the applicable standard) and within the legislative authority of the law society to apply.

His report and recommendation to North Yorkshire County Council in a village green case on a tricky point of prescription was upheld by the Supreme Court on judicial review: R (Barkas) v North Yorkshire County Council [2015] AC 195.

To the extent that a student wishes to seek a remedy, that remedy would lie in the university's internal appeal mechanism and / or with the court on judicial review.

In the Court of Queen's Bench, the reviewing judge acknowledged that it was troubling that the Appeal Committee allowed an appeal to be heard by an even number of members, but said that the role of the court on judicial review was to determine whether the process was unfair, not whether it was «distasteful».

Nothing was said by the Court of Appeal in Nipa Begum which showed either that the approach of the county court on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactment.

The client then took the matter to the High Court on judicial review.

A lengthy procedural history included Ms. Johnstone's complaint being initially dismissed by the Canadian Human Rights Commission, which decision was subsequently considered by the Federal Court on judicial review (2007 FC 36), and then by the Federal Court of Appeal (2008 FCA 101).

Courts on judicial review should interpret the constating statute to determine the legislature's intent.

Courts on judicial review do view expertise as a valid doctrinal reason for deference, and are willing to put aside their own interpretation of a statute in favour of a decision - maker's.

Not exact matches

On the evidence, we must conclude, I think, that this tendency of courts, including the Supreme Court, is the inevitable result of our written Constitution and the power of judicial review.

Commenting on the judicial review on the indexation of public sector pensions, Christine Blower, General Secretary of the National Union of Teachers, the largest teachers» union, said: «The NUT, along with other unions, is challenging the Government in a judicial review at the High Court.

At the request of a person directly affected by the exercise of a power, a court may conduct a so - called judicial review to determine whether the exercise of a public power on a given occasion is, or is not, within the limits of the power.

What we asking the Attorney General to do is to review its position on this matter, it may too late in a few weeks time and we will not forgive him if he goes to make a mockery of the Ghanaian judicial system at the African Court of Human and People's Rights.

A judicial review of a decision to approve two state - funded, highly selective Catholic schools will be heard at the High Court on 15 and 16 November.

They did it on judicial review, in which Grayling made up all sorts of nonsense to justify an attack on citizens» rights to challenge authorities in the courts.

In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rights.

On the one hand it is eager to protect its privileges as a self - governing body, free from the claws of the judiciary, court restraint or 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.

«Ministers are planning a new assault on what they condemn as the «growth industry» of time - wasting judicial reviews in the courts.

While accepting that the union had behaved properly in seeking a judicial review, Judge Mitting ruled that the court could not place a legal demand on the government to consult over its plans.

He is a high priced money lawyer who served on the judicial review board and is part of the problem doing nothing when it comes to the family court system and discipling judges.

[54] Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010.

Part of the reason support for Ling - Cohan was so fervent is because the vaunted panel review process was so flawed and anonymous attacks on her in the press were so vicious, starting in the New York Post but repeated uncritically by other outlets, requoting the Post «source» — allegedly from the panel but possibly a self - interested operative for another judicial candidate — who called her «slow» and «lazy,» when even a cursory check of court records shows her output to be above average.

Campaign group Comprehensive Future had previously said it was seeking advice on the feasibility of a judicial review of the decision in the High Court, but has delayed plans due to a lack of information.

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

Margaret Tulloch of Comprehensive Future, a group which campaigns for equality of opportunity in education, confirmed they were taking advice on the feasibility of a judicial review of the decision in the High Court.

The judicial review hearing on Tuesday in the high court in London is scheduled to last one day, with a ruling expected within a few months.

The alliance is hoping for an early decision from the court on whether to allow a judicial review of the case which they hope could take place before the new year.

New Funding Pressures Next month the state Supreme Judicial Court will review the findings of a Superior Court judge who ruled in May that state funding for education is inadequate in poor districts despite the billions of dollar spent since 1993 on bringing struggling school districts up to a reasonable foundation budget.

Last week, Comprehensive Future, which campaigns for equality of opportunity in education, said the group was taking advice on the feasibility of a judicial review of the Weald of Kent decision in the High Court.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

A landmark judicial review that was set to shine a light on decisions made behind closed doors by regional schools commissioners has been settled out of court.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

On February 16, 2010, the states of Alabama, Texas, and Virginia and several other parties sought judicial review of EPA's determination in the U.S. Court of Appeals, District of Columbia Circuit.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true factOn the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facton the above facts, represents an unchallengeable misrepresentation of the true facts.

The court stated the classic position on the proper ambit of judicial review, ie that the function of the court is «to review the decisions of statutory decision makers applying public law principles».

Whilst the CAC's decision can not be appealed (though it could be challenged by way of judicial review in the High Court), the legal battle on the «gig economy» riders» status is far from over.

At the centre of this appeal is the approach to be taken by a court to judicial review of such decisions, both on procedural and substantive grounds.

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).

The legal test used by the Court to determine the choice of a legal basis (if there are multiple) for the signing and conclusion of international agreements is well known: the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure (the context also matters in relation to international agreements).

Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»

The Court has often said, indeed for example in this case, that «the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure», also stating that, if there are multiple legal bases, the legislation should be based on the dominant legal basis (if recourse to a dual legal basis is not possible).

In Pason Systems Corp. v. Canada (Commissioner of Patents), 2006 FC 753, the Court allowed a judicial review of a correction made under this section, including on the basis that changes (replacing «increases» with «decreases», among other changes) were not «clerical».

He is regularly engaged on judicial reviews, High Court actions and Court of Appeal cases.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

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 Federal Court yesterday upheld the ACCC's application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts.