The First Nations are relying on the established administrative law principle of procedural
fairness to argue that the duty to consult is not necessarily confined to cases involving s. 35 Charter rights.
But it is a strange idea of
fairness to argue that because private sector staff have seen big cuts in their pensions, then so must the public sector.
Not exact matches
So while the interests of
fairness argue for a dramatic scaling back of seniors» discounts — or at least greater use of income testing
to ensure only those in real financial need are accessing them — political dynamics are actually working
to expand their scope and cost.
It is entirely correct that Ford ought
to have had the opportunity
to speak as a matter of procedural
fairness, as his lawyers
argued, but that was not what the Act read.
The reason
fairness would require that this ratio be equal
to one is that, as
argued by the Italian economist Luigi Pasinetti in his 1981 book, Structural Change and Economic Growth: A Theoretical Essay on the Dynamics of the Wealth of Nations, a fair interest rate is such that the purchasing power of one hour of labour stays constant through time even when its monetary equivalent is lent or borrowed.
In
fairness, Nick of Sure Dividend uses the Sharpe Ratio and research by Kenneth French
to argue on the side of dividend stocks and makes some good points.
The communications people advising the Finance Minister felt that the best way
to sell the proposed tax changes was by
arguing that they would lead
to greater tax
fairness, even though the Finance Minister himself claimed the tax changes would only affect a small group of high - income earners.
Most
argue about these five issues over and over again because these are all stressors that speak
to our sense of love and
fairness.
I
argued that the fundamental concern wasn't about sexuality but about
fairness: Once a student was admitted
to CTS, we had an obligation
to treat that student like any other student.
He
argues convincingly that for all the neo-Darwinian atheists» claim that man is no more than the result of blind scientific forces, they have
to wriggle
to claim, as they do, some place for justice, equality and political
fairness.
You could
argue this is us believing we can't afford
to pay more... but I fear it is more due
to a sense of
fairness and equality in the team ethos.
If you feel like your teenager is constantly
arguing about justice or
fairness, they are most likely feeling like they are not being heard or cared about enough
to get what they want.
Where Liberal Democrat ministers can
argue for
fairness and social justice directly against those who seek
to curtail them.
Voters in the south no longer see Labour as the party of
fairness and believe they get «little or nothing» back from government from their taxes, a report
to be published next month will
argue.
John McDonnell will
argue that after seven years of Tory economic mismanagement the Chancellor must change course next week, by abandoning his planned tax giveaways
to a wealthy few and instead bringing greater
fairness into the tax system.
To take your example of fairness, it remains to be seen whether or not Labour has a convincing account of what fairness looks like, and it might be argued (though the left intellignetsia rue the fact) that the contemporary left's understanding of terms such as «fairness» or «equality» simply don't corrolate with the public at larg
To take your example of
fairness, it remains
to be seen whether or not Labour has a convincing account of what fairness looks like, and it might be argued (though the left intellignetsia rue the fact) that the contemporary left's understanding of terms such as «fairness» or «equality» simply don't corrolate with the public at larg
to be seen whether or not Labour has a convincing account of what
fairness looks like, and it might be
argued (though the left intellignetsia rue the fact) that the contemporary left's understanding of terms such as «
fairness» or «equality» simply don't corrolate with the public at large.
DC - 37, a union that represents thousands of municipal employees working in public hospitals and has donated heavily
to Democrats, took the lead in lobbying for it,
arguing that changing how the money was distributed was a matter of
fairness.
Labour says the cut will affect more working families than those who are out of work but the Work and Pensions Secretary Iain Duncan - Smith
argues the changes are about
fairness to taxpayers.
Nonetheless, they
argue that their findings have broad implications, with relevance
to any context in which people punish others for what they consider
to be violations of
fairness.
They
argue that far greater attention and skill are needed
to craft and build the institutional capabilities that render goals achievable, ensure
fairness, and foster innovation and systemic learning in the public interest.
Those who
argue that Kyoto should be ditched
to be replaced by some other scheme (usually the pet scheme of the advocate) implicitly dismiss the extraordinary complexity and difficulty of reaching an agreement among some 200 highly diverse countries, each with its own definition of
fairness, on the climate change issue.
Thompson and Raynor (1998)
argue that, rather than being obstacles
to be overcome, the uneasy coexistence of different conceptions of natural vulnerability and societal
fairness is a source of resilience and the key
to the institutional plurality that actually enables us
to apprehend and adapt
to our ever - changing circumstances.
I
argued that the government was already deeply involved with marriage, and
fairness therefore demanded that more people have access
to these rights and privileges.
LDCs question the
fairness of this position and
argue that developed countries must pay
to support actions by the LDCs
to reduce greenhouse gas emissions.
In contrast
to Hayek, however, political philosopher John Rawls, in A Theory of Justice, generally
argued that government promotes «social justice» when it implements pre-determined redistributive policies — his so - called «justice - as -
fairness principle.»
One might plausibly
argue that if belief is a threat
to fairness, then it is better
to know who believes, rather than have it hidden.
Beyond the principle of
fairness, I would
argue that this review of licensing requirements ought
to also consider the «access
to legal services» dimension of access
to justice more directly.
The ideas of early settlement or summary determination of unsuitable disputes, rigorous and costeffective case management of those that remained, coupled with the intellect and
fairness that have always been the traditional hallmarks of the British judiciary, must have seemed at the time exactly what was required
to maintain London's and the UK's competitiveness as a place
to do business as well as
argue about any resulting disputes.
Miss Knowitorl, however, living up
to her unusual name, said that she had heard somewhere that treating the parties equally was a good starting point, but that in this case I should not do so, and
argued that
fairness demanded that the applicant wife should receive «not a bean», as she so picturesquely put it.
While some critics of food truck liberalization have
argued that reforms and more competition would be unfair for traditional restaurants, competition is not about «
fairness» but rather allowing competitors
to determine what services they want
to offer and allowing consumers
to make choices.
First, the appellant
argues that the trial judge intervened
to such an extent in the examination of witnesses that the appearance of
fairness in the trial was fatally compromised.
Third, she
argued that the appeal was not a full re-hearing of the «hearing» she had had prior
to the Dean's decision
to suspend and did not cure the alleged defects in the
fairness of the process.
In the United States» petition
to the Supreme Court, the government described the ruling as «unprecedented» and
argued that, if it were left
to stand, it would «hurt market participants, disadvantage scrupulous market analysts, and impair the government's ability
to protect the
fairness and integrity of the securities markets.»
On judicial review, the third party union
argued that the failure
to consider its argument was a breach of procedural
fairness.
The Caring Society objected
to the
fairness of the process,
arguing that the motion was premature and that the evidentiary record was not sufficient
to decide the motion.
The Consultant
argued that the Ministry had an obligation
to hold an oral hearing before rendering its decision and in failing
to do so breached the duty of
fairness owed
to her.
Topics covered this week included two procedural
fairness decisions (one relating
to interpreting a contract in a way neither party
argued, the other relating
to the effect of a lengthy adjournment mid-trial), repair and storage liens in the automobile insurance context, the tort of conversion, as well as several short procedural decisions.
The question of deference on questions of procedural
fairness will continue
to hang over Canadian administrative law until it is
argued and authoritatively resolved by the Supreme Court.
It was
argued that there was a serious issue
to be tried (relating
to procedural
fairness) and that irreparable harm would result if the stay was not granted.
Whilst a Judge may initially be sympathetic if, for example, a statement of case or defence aren't in the format a lawyer would know they need
to be presented in, the court is very unlikely
to continue
to grant leeway once an initial warning has been given, and, as another example, turning up
to court
to defend an application by the opponent
to strike out your claim and simply
arguing it wouldn't be fair
to allow the application because of the overriding objective of
fairness would be given short shrift.
The banks
argued that their fees were the price of providing an unauthorised overdraft, or alternatively were part of the «whole package» of prices and services that a current account consists of, and therefore the
fairness assessment is not applicable
to the fees.