Yesterday the STL Appeals Chamber issued
its first substantive decision (h / t Bill Schabas» blog), penned by Professor Antonio Cassese, who was not only the presiding judge but also the judge rapporteur in the Chamber.
Not exact matches
When it was
first put in place, the Durban Platform did not include too many
substantive decisions, for the objective was to allow the terms of international cooperation to be discussed and decided upon through negotiations from 2012 to 2015.
Any
substantive need for RBS to appeal on the waiver aspect of the
first decision of Birss J therefore fell away (and RBS's appeal in relation to other aspects of the
decision was in any event settled).
The
first step in
substantive judicial review under Canadian administrative law is to identify the standard of review applicable to the question or questions in the impugned statutory
decision.
«Because class proceeding legislation is procedural, and does not create
substantive rights, a proposed class action must identify class members who individually have legal capacity to sue and assert a cause of action,» Garson wrote in her May 3
decision Kwicksutaineuk / Ah - Kwa - Mish
First Nation v. Canada (Attorney General).
The Supreme Court resolved a Circuit split involving the doctrine of trademark tacking in its
first substantive trademark
decision in nearly a decade.
In Dunsmuir, the Supreme Court set out to do two things:
first, to simplify the standards of judicial review by eliminating the patent unreasonableness standard, and second, to strike a balance between upholding the rule of law — that is, ensuring that administrative
decision makers adhere to the law as written by legislatures — and according sufficient deference to the administrative
decision maker to allow them to provide
substantive «meat» to the legislative bones.