Sentences with phrase «established principles of»

To subject a nonconsenting physical custodian to such an arrangement... invites chaos and offends well - established principles of parental autonomy...

The NTA seems to contemplate regulations which prescribe the manner in which trusts are to be operated and managed, rather than extending to issues of liability for the administration of the trusts or authorising regulations which may depart from established principles of common law.

Dr Craig Childress has developed an attachment - based model of parental alienation using established principles of psychology to describe the processes that create the symptoms of this controversial phenomenon.

He found that in order the government to acquire private interests for the benefit of a private third party to be valid under the LAA, it must be enabled by a specific and unambiguous provision of the Act [66] and that, unless such an unambiguous provision exists, «the well - established principles of the common law that are here invoked... on behalf of the Aboriginal native title holders», should be upheld.

Ensured rehabilitation staff is providing appropriate care to Resident in keeping with established standards for quality and in accordance with generally established principles of care.

This conclusion gives effect to both the objectives and principles of the doctrine of subrogation and established principles of bankruptcy law.

Two established principles of law are involved here.

«What needs to be emphasised», he said, «is that the provisions of s 24 (1)(a) of the Matrimonial Causes Act 1973 do not give the court power to disapply the established principles of legal and beneficial ownership or of company law.»

«On established principles of search and seizure, it was not necessary for the warrant to specifically list computer, any more than it would have been necessary for the warrant to list cupboards, drawers or filing cabinets,» wrote Crown counsel Martha Devlin and Paul Riley.

Because I find the Court's rejection of this holding both ill - considered and unjustifiable under established principles of equal protection, I dissent.

They involve the application of well - established principles of contract, company law, employment law and tort.

[14] These «clearly established principles of law» do not emanate solely from precedential appellate decisions, but rather «can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.»

«While I am sure the plaintiff may have been embarrassed by the broadcast, the Wisconsin Court of Appeals simply followed well - established principles of defamation law,» Lee Brenner, chair of Kelley Drye & Warren Media and Entertainment practice group, told Legal Newsline.

The proposed framework aligns exclusion with established principles of international criminal law while simultaneously safeguarding the purpose of the Refugee Convention generally and Article 1F (a) in particular.

At its core, the process is simply an application of well established principles of legal and constitutional interpretation.

It proposes a four - part framework that aligns exclusion with established principles of international criminal law while simultaneously safeguarding the purpose of the Refugee Convention generally and Article 1 (F)(a) in particular.

Furthermore, as some veteran curmudgeons are quick to point out, some of the comments may actually be eroding well - established principles of the practice of law.

The general position is that, if the beneficial ownership of an asset is in dispute (whether the asset in question is owned by one of the parties alone or by the parties jointly), the issue is resolved by reference to long established principles of trust law and, in particular, an investigation into the extent to which a trust can be found to exist.

A good example was the recent «faster - than - light neutrinos»: It would have been silly to abandon well - established principles of physics just because some team of scientists (and a quite large and competent team of scientists) measured neutrinos going a tiny (but highly - statistically - significant) bit faster than the speed of light.

Denial of that not only requires ignoring the specific empirical evidence, but requires a suspension of well - established principles of economics.

Based on well - established principles of the physiology of the ear and how it responds to very low - frequency sounds, there is ample justification to take this problem more seriously than it has been to date.

By established principles of radiative physics, a warmer LP should emit more IR within the CO2 wavelengths, including IR upward into the UP.

In this 2011 book, one of America's foremost scholars on what works in education discusses the proper role of testing in educational improvement, covering well - established principles of testing, current problems, and promising evidence - based solutions.

Lib Dem home affairs spokesman Nick Clegg also warned that «overwhelming and concrete evidence» would be needed for parliament to revisit the issue, saying the 28 - day limit had already stretched «long - established principles of due process».

Each year, our 60 faculty and staff members work with more than 6 intern teachers, 25 student teachers, researchers, and visitors to perform the major functions associated to Laboratory Schools: the development of innovative practices in education, research, the preparation of new teachers, professional development for practicing teachers, and the education of children using best established principles of education.

Rather, It reflects the application of established principles of income taxation to organizations which, unlike the typical business corporation, do not seek a profit.»

«When I took office, I promised you that I would seek to unite the Lebanese, end political division and establish the principle of self - sufficiency, but I have been unable to do so.

Since time immemorial, etiquette has been used to establish the principles of social virtue, as well as the rules, symbols, and rituals of civilized life.

Warren, who was an InterVarsity leader, believes Vanderbilt officials weren't simply establishing principles of equality as they claimed, but intentionally creating an inequality of ideas that excludes vigorous expression of Christianity outside of the marketplace of ideas:

And, after the white South African government enacted the 1913 Natives Land Act establishing the principle of territorial segregation based on race, indigenous black independent churches rose up in often violent protest.

This new term, created in order to establish the principle of a homosexual parental couple and to promote the legal option of giving a child two «parents» of the same sex, is a fictitious invention.

At any rate, in obedience to the firm resolution of the community to uphold the Hadith as a foundation for faith and practice, the learned men did their best to establish principles of criticism and grades of authenticity to serve as a guide in accepting true traditions.

In New York the situation was at first different, but finally here also was established the principle of religious toleration.

After the UN's massive failure to intervene and stop the Rwandan genocide in 1994, there was a new wave of momentum in global NGOs and states to establish some principle of international intervention and to bring perpetrators to justice.

Confident in our individuality, and steadfast in our shared values and common purpose, we — the citizens of the United Kingdom of Great Britain and Northern Ireland — have come together in the spirit of self - determination in order to establish the principles of our law and governance.

Prosecutorial Discretion is a well - established principle of the legal system, and has been shown to be allowable many times.

We've established the principle of fair taxation.

In my administration we established a principle of equal pay for equal work, based on a grade system.

It builds on the established principle of convergent evolution, a widely - supported theory — although one still disputed by some biologists — that different species will independently evolve similar features.

With respect to program guidance, the bill establishes principles of effectiveness as well as a Full - Service Community Schools Advisory Committee.

Based on the well - established principle of «hybrid vigor,» a mixed - breed animal is likely to live longer and cost less in vet bills than a pure breed.

The combined effort significantly exceeds the original EC proposal, and while it does not match the ambition of the GDRs approach, it does achieve nearly two - thirds of the GDRs - required reduction, and firmly establishes the principle of a two-fold obligation.

The United Nations Framework Convention on Climate Change established the principle of «common but differentiated responsibilities» among nations, suggesting that industrialized nations that had produced the greatest share of historic emissions bore particular responsibility for preventing dangerous interference with the climate system.

Such is the perceived importance of establishing the principles of the new case and costs management that when the claimant appealed they were directed into the Court of Appeal smartish.

It was a well - established principle of the law of confidentiality that where information of a personal or confidential nature was obtained or received in the exercise of a legal power or in furtherance of a public duty, the recipient would owe a duty to the person from whom the information was received or it relates (in this case, the taxpayer).

Even if a custodial sentence was appropriate in this case, it is a well - established principle of sentencing laid down by this court that a first sentence of imprisonment should be as short as possible and tailored to the individual circumstances of the accused rather than solely for the purpose of general deterrence.

The right of Indigenous peoples to participate in decision making is found in various articles of UNDRIP, and it is an established principle of international human rights law.

Cautioning that a departure from the essential requirements of law is «something more than a simple legal error,» the court said there must be a violation of a «clearly established principle of law resulting in a miscarriage of justice» to warrant certiorari review.

«It is a well - established principle of our law that a party who seeks the extraordinary relief of an ex parte injunction must make full and frank disclosure of the case.

The established principle of law is that where a statutory provision has received an interpretation or endorsement and the same provision is repeated in a subsequent legislation, the legislature is deemed to have adopted the decision of the Court.