One of the less charming aspects of our hitherto
customary approach to federalism — provincial protectionism among legal professionals — is now mostly a thing of the past.
The Mason case demonstrates
the customary approach that the courts take to deciding whether or not a restrictive covenant should be upheld:
The new BMW 4 Series Coupe benefits from BMW's
customary approach of splitting steering and drive forces between the front and rear axles, which is the ideal platform for balanced driving characteristics, directional stability and agile handling.
The new BMW 4 Series Convertible benefits from BMW's
customary approach of splitting steering and drive forces between the front and rear axles, which is the ideal platform for balanced driving characteristics, directional stability and agile handling.
It is, in fact,
the customary approach when non-lawyer consultants furnish confidential advice to lawyers and their clients during or in anticipation of litigation.»
From another point of view,
our customary approach assumes that there are mutually exclusive options.
Conversely, the worship of mainline white American denominations looks increasingly exceptional, as do these groups»
customary approaches to biblical authority.
Not exact matches
With the New Year
approaching, it's
customary to make a vow to pursue the most enlightened best practices.
While they were playing the second hole, the father of the course's co-owner
approached the group and told them they weren't keeping up with the pace of play (it's
customary in golf to match the pace of the groups before and after your group, so as not to disrupt other rounds).
Surely a man who possesses even a little erectioris ingenii has not become entirely a cold and clammy mollusk, and when he
approaches what is great it can never escape his mind that from the creation of the world it has been
customary for the result to come last, and that, if one would truly learn anything from great actions, one must pay attention precisely to the beginning.
«Today, we're all dealing in a corporate world, but in reality, each locale is unique and serving customers well by taking a personal
approach vs. a mass marketing
approach that is so
customary today.
As the dust of Arsenal's Champions league exit continues to settle and with our weekend game against Newcastle fast
approaching, a lot of fingers are still being pointed in blame for our cup exit, and Wenger continues to take the
customary hammering from the pundits and fans, in spite of our amazing win at Monaco and our superb League form.
A Pastor, Joshua Ibeneme, on Wednesday,
approached an Igando
Customary Court in Lagos to end his 21 - year - old marriage to his wife, Uzoamaka for allegedly having sex...
In keeping with the
customary «more is more»
approach of remake culture, this Going in Style mines the financial crisis for deeper motivation for the old timers» robbery — Caine's house is being foreclosed on, and all three protagonists see their steelworkers» pension fund dissolved.
This culturally responsive
approach is intended to transition these learners from their preferred and
customary ways of learning to... [Read More]
The basic
approach that joins your exceptional encounters is a key in custom compositions, however most students either do not have these abilities, or don't have enough time and vitality to commit when the due dates are tight and they are over-burden with the various
customary readings, addresses, tests and ventures.
On the night of May 6, 1915, as his ship
approached the coast of Ireland, Capt. William Thomas Turner left the bridge and made his way to the first - class lounge, where passengers were taking part in a concert and talent show, a
customary feature of Cunard crossings.
This involves reversing
customary attitudes: the artist
approaches his brother from a formal point of view and the sculptor Brancusi on an emotional level.
One of the questions that shaped this exhibition early on was whether the
customary curatorial
approach of P.S. 1, with its fast - paced process and focus on living artists as well as the rustic architecture of the former schoolhouse, would offer a different visual setting for work ordinarily seen in the minimal white galleries of MoMA.
In «Chromatic Geometries,» her seventh solo exhibition at Arden Gallery, Mattera has decisively moved away from the layered, atmospheric
approach of earlier «Silk Road» and «Vicolo» series to explore, with her
customary virtuosity, the possibilities of figure - ground relationships and the illusionistic space conjured by dividing the square into two horizontal rectangles.
It became the basis for Certificates of
Customary Right of Occupancy (CCRO), a creative
approach to applying the Tanzanian Village Land Act.
When a big storm
approaches and there's plenty of warning, the airlines sometimes allow ticketed passengers to make changes to their reservations and waive the
customary change fees.
This
approach is being used by the Northern Land Council to help communities build land and sea management programs and commercial
customary harvesting of wildlife.
[55] The international legal
approach to equality is one of substantive rather than formal equality: G Triggs, «Australia's Indigenous Peoples and International Law» (1999) 23 Melbourne University Law Review 372 at 379 - 381; also Australian Law Reform Commission, Recognition of Aboriginal
Customary Laws, Report No 31 (1986) paras 150, 158.
This change in
approach has provided for the creating of «space» within some national land law systems for local
customary tenure arrangements to continue to function.
Another possible
approach would be to structure measures so that Aboriginal
Customary Law is applied in the first instance, with access to mainstream law used as a last resort.
Given the extent of the problem of family violence and the concerns that Aboriginal
Customary Law
approaches do not address family violence, the majority of men and women who spoke to HREOC for this submission believed that mainstream law should play a part in addressing domestic violence.
The international legal
approach to equality is one of substantive rather than formal equality: G Triggs, «Australia's Indigenous Peoples and International Law» (1999) 23 Melbourne University Law Review 372 at 379 - 381; also Australian Law Reform Commission, Recognition of Aboriginal
Customary Laws, Report No 31 (1986) paras 150, 158.
A staged
approach to recognising Aboriginal
customary law, including a focus on capacity building within communities, is important to the success of any new measures.
Principle six: A staged
approach The implementation of measures to recognise Aboriginal
customary law must reflect the capacity of individual communities.
Another possible
approach would be to structure measures so that Aboriginal
customary law is applied in the first instance, with access to mainstream law used as a last resort.
Generally, these processes seek to incorporate an Aboriginal traditional
customary law
approach to the sentencing of Aboriginal offenders within the framework of existing legislation.
In addition to the difficulties discussed above in relation to defining
customary law in general law, the Commission argued that matters of Aboriginal law could be better considered at the level of local self - government with an emphasis on a flexible
approach to developing justice mechanisms.
Furthermore, both the United States of America and New Zealand had made significant attempts to convert Indigenous
customary land to individual freehold title and leasehold title, and recently both countries have taken steps to overturn this
approach due to adverse impacts.
These developments ultimately strengthen the justifications for recognising Aboriginal
Customary Law and provide greater guidance as to approaches for recognising customary law in a manner that is consistent with huma
Customary Law and provide greater guidance as to
approaches for recognising
customary law in a manner that is consistent with huma
customary law in a manner that is consistent with human rights.
This section discusses issues concerning the recognition of
customary law and Indigenous self - government in light of the ALRC's functional recognition
approach.
Given the issues surrounding the difficulty of defining and codifying Aboriginal law and custom, it is essential that any policy or legislative
approaches to recognizing
customary law be flexible in response.
The
customary «day in court»
approach takes an extraordinary amount of time, has a «sticker shock» cost, causes irreparable damage to families, and rarely achieved the best result for the parties.
As incarceration rates of Indigenous people in countries such as Canada, United States, New Zealand and Australia continue to increase, alternative
approaches integrating elements of local
customary laws have been investigated and introduced within and to complement western legal systems.
In collaboration with the Aboriginal community, South Australian Magistrate Christopher Vass developed the idea of the court which incorporates the Aboriginal traditional
customary law
approach to the sentencing of Aboriginal offenders within the framework of existing legislation.
These developments are discussed more fully in the next section of the submission which considers the human rights justifications for recognising Aboriginal
Customary Law and
approaches for recognising Aboriginal
Customary Law consistently with human rights standards.
This does not obviate the possibility of acknowledging formal knowledge of the existence of Indigenous legal and political systems at a constitutional level or at the common law, as in the case of Mabo The functional
approach advocated by the ALRC enables both the recognition of the continuing existence of Aboriginal law and custom and sufficient flexibility for Aboriginal people to be self - determining in the definition of
customary law.
the Government is unable to endorse the
approach to
customary law in the Council's Declaration as the Government believes all Australians are equally subject to a common set of laws.
[179] The need to ensure a community based
approach was highlighted by field work on Aboriginal
Customary Law in the Northern Territory conducted by Diane Bell and Pam Ditton.
It should be noted that community consultations primarily with Indigenous women in April 2003 led the Commission to conclude that legislative
approaches to facilitate community justice mechanisms based in the recognition of
customary law (such as the establishment of a system of Indigenous tribunals) should not be pursued without adequate modeling at a policy level or without extensive consultation and local level participation of Aboriginal communities.
The section in the accompanying submission prepared by the Aboriginal and Torres Strait Islander Social Justice Commissioner on capacity building emphasises that a uniform national or Territory - wide
approach will not allow the development of appropriate solutions for the recognition of Aboriginal
Customary Law.