Sentences with phrase «effective judicial review»

This lapse is particularly troubling because the Opinion based its analysis on the following statement: «In order to ensure effective judicial review of that type of decision, the assessment of its validity must therefore in my view be carried out by reference to the current factual and legal context.»

Lord Lester of Herne Hill QC suggested that the very system of CMP had been championed by civil society organisations, including JUSTICE, in the context of the litigation in Chahal, as a least unpalatable solution to the deportation of individuals on national security grounds without effective judicial review (See Cols 1821, 1897).

In my view, this endorsement by the GC comes to strengthen the Commission's control over its own docket and case load, while still guaranteeing effective judicial review for aggrieved parties (ie complainants) in a sufficient degree.

In a particularly exalted mood, the Court has held that «the very existence of effective judicial review designed to ensure compliance with EU law is of the essence of the rule of law.»

For this reason, where a church or religious body asserts, because of its ethos, that religious belief constitutes a genuine occupational requirement for employment, it must at least «be possible for such an assertion to be the subject, if need be, of effective judicial review by which it can be ensured that the criteria set out in Article 4 (2) of that directive are satisfied in the particular case.»

Not exact matches

«There is no independent judicial oversight or authorization, nor a process for effective independent review of technical capability notices and their requirements,» Privacy International noted.

However, if an application for forfeiture is concluded before judicial review proceedings, then this will provide no effective remedy.

All aspects of class action resolutions are subject to judicial review and sometimes rejected, but the lack of an sufficiently effective advocate to watch the class attorney is a pervasive issue in class actions.

However, if the decision to dismiss is prima facie amenable to judicial review, the conclusion of Court of Appeal that proceedings in the ET would not be as effective for Shoesmith may be harder to challenge.

It gives detailed examples of the recent effective use of judicial review proceedings.

Any order of the Oklahoma Supreme Court modifying or repealing any provision of the Code of Judicial Conduct as it exists on the effective date of this act, or enacting a revision to the Code of Judicial Conduct as it exists on the effective date of this act, shall be submitted to the Legislature for its review as and in the manner that agency rules are submitted pursuant to the provisions of the Administrative Procedures Act.

For those reasons at least, the creation of the focal point and the Office of the Ombudsperson can not be equated with the provision of an effective judicial procedure for review of decisions of the Sanctions Committee -LSB-...].»

limits on remedies such as section 43 «do not offend the rule of law, so long as there remain some effective avenues of redress», such as judicial review;

The expert periodic review calls for improved access to effective remedies from Canadian courts and for more continuing judicial and professional education on international human rights law implementation.

However, in the appropriate circumstances, an effective cross examination can be the decisive factor in succeeding on a judicial review application.

We will also provide guidance in pursuing often expensive judicial reviews in the most cost - effective manner possible.

The accountability of the ECB was discussed, and in particular the extent to which an effective means of keeping the ECB's actions in check through judicial review was considered.

Finally, it provides suggestions for effective advocacy in a judicial review and other practical considerations to keep in mind.

Address to the Joint OFL / ONIWG Conference focuses on major problems in Ontario's system: experience rating; OH&S inspection; role of doctors, objective medical evidence and statistics in legal decisionmaking; actuaries; claims procedures — and whether judicial review, Charter are effective legal remedies.

Judicial review can be a highly effective and speedy means of challenging such decisions.

First, if effective supervision by the courts is the rationale for the duty to give reasons, wouldn't a duty arise in any case where the underlying decision is subject to judicial review (which, nowadays, is more or less all decisions)?

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

PRACTICE DIRECTION — FILING ELECTRONIC VERSIONS OF DOCUMENTS IN CIVIL APPEALS AND JUDICIAL REVIEW APPLICATIONS IN THE DIVISIONAL COURT Effective: November 2, 2012 Preamble This Practice Direction sets out the procedures to be followed by parties filing electronic versions of documents in civil appeals, including appeals from administrative tribunals, and judicial review applications in the DivisionaJUDICIAL REVIEW APPLICATIONS IN THE DIVISIONAL COURT Effective: November 2, 2012 Preamble This Practice Direction sets out the procedures to be followed by parties filing electronic versions of documents in civil appeals, including appeals from administrative tribunals, and judicial review applications in the Divisional REVIEW APPLICATIONS IN THE DIVISIONAL COURT Effective: November 2, 2012 Preamble This Practice Direction sets out the procedures to be followed by parties filing electronic versions of documents in civil appeals, including appeals from administrative tribunals, and judicial review applications in the Divisionajudicial review applications in the Divisional review applications in the Divisional Court.