Sentences with phrase «courts enforce the right»

In a split decision, the Supreme Court of Canada has set out new guidelines that will dramatically change the way our courts enforce the right under section 11 (b) of the Canadian Charter of Rights and Freedoms to be tried within a reasonable time.

Not exact matches

In the majority opinion, Justice william o. douglas, writing for the Court, rejected the notion that the judiciary is obligated to enforce only those rights that are expressly enumerated in the Consti - tution.

By contrast, a child's right to protection from a parent's brutality is a matter of both moral principle and law which the courts will enforce.

On June 28th, the U.S. Supreme Court — in a bitterly divided 5 — 4 vote — upheld a public university's right to enforce an «all - comers» antidiscrimination policy against a student group affiliated with the Christian Legal Society (CLS).

It is ironic that the declaration of judicial supremacy made by the Warren Court came in the context of the Court's efforts to enforce a ruling in the cause of racial equality and civil rights.

That power was «no less dangerous when used to enforce this Court's views about personal rights than those about economic rights.»

This is when you formally ask the court to enforce sanctions against your ex for denying your court - ordered visitation rights.

Having the agreement become part of a court order allows either parent a direct way to enforce his or her parental rights.

These agreements may be informal, but having them approved by a court will help you enforce your rights under the plan.

«This leaves us in a situation where taxpayers remain in practical difficulty and will have to continue to rely on their EU rights, and enforcing these through the Court of Justice of the EU.

Azibaola is asking the court to enforce his fundamental human rights by setting him free and that the Economic and Financial Crimes Commission (EFCC) had no power to arrest him based on «a civil transaction».

The Government need to go back to the drawing board and ensure that everyone has the means to enforce their rights before the courts.

In 2008 the courts ruled that using force for these purposes breaches children's human rights because it can cause serious harm and was not shown to be necessary (the court referred to evidence that in secure children's Homes restraint is not used to enforce good behaviour by children convicted of an offence).

«Okeke has the right to go to court to enforce his fundamental human right which the people are trying to trample upon.

That set the stage for the former minister's counsel, Chris Uche, SAN, to approach the court to enforce his client's fundamental human rights.

If you do a Sherif Joe and put a statement like «I just want to get the government to enforce the law» before the court, you have lost on standing right there.

Given the high costs and complexity of disability litigation, the issue of enforcing legal rights that protect against discrimination under the DDA has courted controversy since the act was introduced.

As stated above, the government will leave it up to courts, tribunals, and commissions, such as the specifically mentioned Ontario Human Rights Commission, to define how the law is enforced.

Odey disclosed that his client, Ndigbara, had been in hiding, adding that «We are in court primarily to enforce his fundamental rights as enshrined in the constitution of the Federal Republic of Nigeria and the African Peoples» Charter.

He stated in the affidavit filed in support of the suit that PDP queried him and some other prominent leaders of the party in the South West zone for encouraging «aggrieved members of the party to approach the court to enforce their rights.

Significantly, the meeting also agreed that the European Court of Justice should have a say in enforcing the rights of EU citizens living in Britain after Brexit.

When enforcing a constitutional right to education, federal courts should establish clear guidance about what that right requires, while also allowing for flexibility in how states implement it.

The department said, in a suit filed late last month, it wants the court to enforce the Family Educational Rights and Privacy Act, which prohibits institutions from releasing students» education records with personally identifiable information.

Or fifty years later, in Runyon v McClary (1976), the Court ruled that the racially - discriminatory admissions policy of a private school in Virginia violated federal laws that hearkened back to the Civil Rights Act of 1866, which «prohibits racial discrimination in the making and enforcing of private contracts.»

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The Court refused to enforce Department of Justice rules incorporating the very sort of disparate impact analysis employed here by the Department of Education's Office for Civil Rights.

Washington — The U.S. Supreme Court agreed last week to decide whether Ohio's civil - rights law can be enforced against a Christian school that fired a pregnant teacher in a dispute stemming from a church teaching that mothers should stay at home with their young children.

California courts have consistently enforced the rights of charter school students, parents and entities under the Act.

My dissertation examines the processes and causes of the changing use of Title IX in the three primary organizational settings where it is enforced: the Department of Education Office for Civil Rights, the courts, and on the local level of colleges and universities.

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purrights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purRights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

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This doesn't mean that any mine is by definition a violation of treaty rights, but the federal and provincial governments are required to conduct meaningful consultation with first nations affected and the first nations have significant rights that can potentially be enforced by court action.

The Guatemalan court has yet to enforce the court's ruling, and Tot is working with the US - based Indian Law Resource Center to bring the case to the Inter-American Commission on Human Rights.

Mercer also warned that individuals and small businesses will find it hard to uphold their rights if future trade deals and treaties with the EU 27 do not have «direct effect» which would allow them to enforce treaty obligations in domestic courts.

For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediation.

So if our courts have our backs when it comes to privacy, we can count on them to enforce our rights... Right?

And while the amounts awarded by the Federal Court have historically been modest, recent decisions suggest the reversal of this trend, making Canada a more attractive forum for enforcing patent rights.

As the outgoing President of the UK Supreme Court has stated in extra-judicial remarks «[o] ur precious and much vaunted legal rights are of no value if we can not enforce them».

Our lawyers have studied at some of the most prestigious law schools in North America and have successfully argued and enforced the rights of injured people at all levels of court, including the Ontario Superior Court of Justice, the Divisional Court and the Ontario Court of Apcourt, including the Ontario Superior Court of Justice, the Divisional Court and the Ontario Court of ApCourt of Justice, the Divisional Court and the Ontario Court of ApCourt and the Ontario Court of ApCourt of Appeal.

Lord Hope, his deputy, agrees that repealing the HRA would make «very little difference to the way such rights are enforced in our courts.»

In July 2011 the English Court refused to set aside the English Default Judgment and held that it would not recognise and enforce the 2011 Judgment because it did not meet the requirements of Article 6 of the European Convention on Human Rights.

We conclude, as have many other state courts, that our State Constitution, which serves ** 1275 only «to limit the sovereign power which inheres directly in the people and indirectly in their elected representatives,» Hunt at 365, 450 A. 2d 952, is a more appropriate vehicle to resolve questions concerning the rights of our citizens to travel the highways of our state without police interdiction and the rights of the police to use reasonable methods to enforce our traffic laws than is the federal constitution.

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

Kentucky Revised Statutes, Chapter 405, Section 21 states, «The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so.»

Although the right to sue on the debt may only last two years, the right to enforce a court judgment lasts for ten years.

Husband argued that the prenuptial agreement divested the family court of the right to enforce the prenuptial agreement provisions regarding life insurance and payment of $ 190,000.

As described by Lawyers Weekly, the court's decision provides that «a franchisor's rights to enforce noncompetition and nonsolicitation agreements are not claims that a debtor can discharge,» as long as the franchisor «does not alternatively have a right to payment of monetary damages.»

Learn more about the removal of occupants or «squatters,» the rights and duties of owners and occupants, and the court procedures used to enforce those rights and duties.