Sentences with phrase «fundamental purpose of law»

As Stephen Mayson said at the College Futures Conference a year ago, to assure the «legitimate participation of citizens in society» is a fundamental purpose of law.

Not exact matches

Judging the book by its title, I was expecting just another account of the various «coincidences» found in the fundamental laws and constants of the universe, which seem amazingly carefully chosen to allow the emergence of life, and which therefore point to the existence of a Cosmic Designer who brought the world into existence for just that purpose.

For this reason, he argued that the power of the state and laws should only extend so far as to achieve social well - being without unduly sacrificing liberty, as their fundamental purpose was to maximise societal good.

«When it comes to ESA implementation, the ministry has not prioritized the law's fundamental purpose: the recovery of at - risk species,» Sarah McDonald of Ecojustice said.

Delivering judgment along with Mr Justice Holgate, Lord Justice Singh said Part 4 was incompatible with fundamental rights in EU law because «access to retained data is not limited to the purpose of combating «serious crime»» and «access to retained data is not subject to prior review by a court or an independent administrative body».

In Canada, the fundamental purpose of sentencing is to facilitate respect for the law and to promote a just, peaceful and safe society.

The ECHR thereby overruled thirty years of international case law, discounted the fundamental purposes of the Hague Convention of deterring international child abduction and of not rewarding international child abduction, and ensured that any Hague case that follows its precepts will be lengthy and expensive as well as often unfair to the left - behind parent who must now defend what could be almost a custody case on the taking parent's home turf.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

However, as a fundamental purpose of ICS in CETA is to enable investors to challenge not only EU acts and decisions based on these acts, but also national acts which might involve EU law somehow, an ICS tribunal would have to interpret and give meaning to EU law.

Moreover, Justice Susan Himel ruled that the laws that forbid running a bawdy house, communicating for the purpose of prostitution, and living off the avails of prostitution were unconstitutional and are not in accord with the principles of fundamental justice.

He contends convincingly that the consolidation of the Union's role in criminal law only makes the «need for an all - out criminal law policy... more acute than before» (page 59) and highlights six fundamental principles that the EU needs to address in order to clarify and legitimise further its action in the field; among the six, the call to pay attention to the principle of ultima ratio, coherence, subsidiarity and the requirement of a legitimate purpose seem particularly pertinent also in regard to the current debate concerning the establishment of the European Public Prosecutor.

However, a fundamental purpose of ICS in CETA is to enable investors, i.e. individuals, to challenge not only EU acts and decisions based on these acts, but also national acts which might involve EU law in some way, an ICS tribunal would necessarily remove disputes that involve EU law from the EU judiciary, consisting of national courts and the EU Courts, connected by Article 267 TFEU.

For this purpose, the EFTA Court emphasized that the provisions of EEA law including the SCA Agreement had to be interpreted «in the light of fundamental rights», pointing out its own respective case law, the ECHR as well as the ECtHR's case law as relevant sources (para 63).

The Advocate General starts by pointing to the situation in EU law, where — despite the important effects on the movement across borders of natural persons for this purpose — the passive freedom to provide services is part of the EU fundamental freedom (paras 50 - 51).

The fundamental purpose of statutory construction is to ascertain the intent of the lawmakers as to effectuate the purpose of the law [Citations.]

A Canadian law school whose purpose is to educate future lawyers and judges can not hold admission policies that contravene fundamental principles of our Constitution.

Therefore, we must not only respect the law - making role of administrative decision makers, but also the co-ordinate law making role of the courts — to ensure that administrative decisions are consistent with the objectives and purposes of the legislation, the bounds set by the legislation, and other fundamental legal principles.

Whereas the expressed intent of the law is to add «gender identity and gender expression to the list of prohibited grounds of discrimination» as well as amending the Criminal Code to «extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression», some have argued that the law, under its commendable purpose, hides an agenda with the potential to curtail fundamental freedoms.

For example, the Ontario Court of Appeal recently ruled in Bedford v Canada that the prohibition on common bawdy - houses for the purpose of prostitution was unconstitutional and must be struck down because the laws do not accord with the principles of fundamental justice enshrined in section 7 of the Charter.

Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment, which is to identify the best, most important, and most valuable ideas not by any sociological or economic formula, rule of law, or process of government, but through the rough and tumble competition of the memetic marketplace.

The Carter majority thus concluded at para. 315 that the Rodriguez court's articulation of the legislative objective of the existing law was not restricted to the narrow purpose of only protecting the «vulnerable», but also with the «societal concern with preserving life» in general, and therefore that concerns over the fundamental shift in societal values that would arise if the state permits some citizens to kill others in certain circumstances, can not be simply brushed aside.

Therefore, the fundamental purpose of insurance regulatory law is to protect the public as insurance consumers and policyholders.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

The study of the fundamental nature of law, and the analysis of its purpose, structure and application within the legal system.