Sentences with phrase «fundamental right of access to the courts»

Not exact matches

Metuh, through Adegboruwa, sought a declaration that his detention by the EFCC without access to his family and lawyer, and without being charged to court, amounted to a violation of his fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution.

Over 40 years ago, California's Supreme Court recognized that a child's access to an adequate education — regardless of race, ethnicity or wealth — is a fundamental right of the highest order.

In a significant win for access to justice in environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmentalRights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmentalrights granted to environmental NGOs.

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».

«Alberta Court Concludes That Access to Internet Is Fundamental Part of Right to Counsel Main Who is the Legal Profession's Equivalent of «Florida Man»?»

«Grading Loophole Leads to Boycott of Final Exam, «A's for All Students Main Alberta Court Concludes That Access to Internet Is Fundamental Part of Right to Counsel»

Although the Supreme Court of Canada held in Christie that a «general access to legal services in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the populaCourt of Canada held in Christie that a «general access to legal services in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the populacourt and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the population.

The ECJ's decision followed the opinion of an advocate - general that the right of access to a national court was a fundamental right under EU law and denial of such right would be contrary to the right to effective judicial protection.

In our view, it is difficult to reconcile the Supreme Court of Canada's 1988 decision in BCGEU v. British Columbia (Attorney General), confirming that every Canadian citizen has the fundamental right to unimpeded access to the courts, with the notion of Canada's superior courts operating as a default user - pay system of justice, subject to an individual establishing an entitlement to an exemption from court Court of Canada's 1988 decision in BCGEU v. British Columbia (Attorney General), confirming that every Canadian citizen has the fundamental right to unimpeded access to the courts, with the notion of Canada's superior courts operating as a default user - pay system of justice, subject to an individual establishing an entitlement to an exemption from court court fees.

Likewise, the Court observes that legislation not providing for any possibility for an individual to pursue legal remedies in order to have access to personal data relating to him, or to obtain the rectification or erasure of such data, compromises the essence of the fundamental right to effective judicial protection, the existence of such a possibility being inherent in the existence of the rule of law.

While the Court stopped short of conferring a freestanding constitutional right to healthcare, it stated that s. 7 of the Charter (which provides that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice) confers a right to equitable access to medical services legally available in Ontario.

But a different argument, advanced by the West Coast Women's Legal Education and Action Fund, was to the effect that the right of access to courts was a component of the right to liberty, and maybe also of that to the security of the person, protected by section 7 of the Canadian Charter of Rights and Freedoms, and that the hearing fees infringed this right contrary to principles of fundamental justice, due to their disproportionate effect on women and the least well - off.

This publication explores the impact of procedural provisions inserted in EU fundamental rights legislation (in particular non-discrimination law) that are aimed at facilitating access to court in support or on behalf of...

While traditional law in Northern Australia recognises an exclusive right of access to particular areas of sea country by its owners, the High Court denied recognition of this right on the basis that it was inconsistent with two fundamental tenets of the non-Indigenous legal system: the right of innocent passage and the public right to fish.