According to the Chief Justice, that consequence,
a denial of access to courts, is prohibited by s. 96 of the Constitution Act, 1867 which acts as a limit on the province's power over the administration of justice.
Not exact matches
It would be recalled that similar orders had been made by Justice Adeniyi Ademola
of the Federal High as well as Justice Baba Yusuf
of an Abuja High
Court for the same purposes due
to complaints
of denial of access to lawyers by Dasuki even after all
of them had granted him bail.
The ECJ's decision followed the opinion
of an advocate - general that the right
of access to a national
court was a fundamental right under EU law and
denial of such right would be contrary
to the right
to effective judicial protection.
In 2004, the World
Court ordered the U.S.
to take steps
to assure that foreign nationals facing execution were allowed an opportunity
to show that
denial of access to a diplomat from their native county harmed their cases.
In addition, delivery
of Subscriber Content may be affected by delays or
denials of access to civil litigation records by the
courts or otherwise due
to circumstances beyond CNS's reasonable control.
Justice Sanderson rejected Aviva's argument and said: «For this
court to let proportionality be the overriding, or even the predominant factor, would be grossly unfair
to (Persampieri) and would be
to reward the uncompromising, and — in the light
of the jury verdict — unreasonable behaviour
of the insurer...» Justice Sanderson agreed that insurers can pursue whatever legal strategy they deem fit, but added that, «especially where such strategies may have wide ranging and adverse implications involving widespread
denial of access to justice, the use
of such strategies should not be encouraged by the giving
of cost breaks on foreseeable costs consequences.»
Some custodial parents, rather than asking the judge
to deny visitation rights, request that the
court order supervised visits because family
courts are more receptive
to supervised visits than
denial of access.
Today, the U.S.
Court of Appeals for the Ninth Circuit ruled to protect Arizona women's access to medication abortion, an extremely safe method of early abortion, by reversing a district court's denial of a preliminary injunc
Court of Appeals for the Ninth Circuit ruled
to protect Arizona women's
access to medication abortion, an extremely safe method
of early abortion, by reversing a district
court's denial of a preliminary injunc
court's
denial of a preliminary injunction.
In Miriuwung Gajerrong the
Court ruled that the only practices protecting cultural knowledge that come within the NTA are those rights
of «
denial or control
of access to land or waters».
Let's start with the problems with parenting coordination that every lawyer knows: inappropriate delegation
of the judicial function, impediment
to court access, and
denial of due process.
The
court found that
denial of membership
to the Board and
access to the MLS was without lawful reason.
The
court held that because the membership requirements were reasonable and because there was extensive cooperation between members and non-members,
denial of MLS
access to non-members did not unreasonably restrain trade.