Sentences with phrase «judicial enforcement of»

While we respect the views expressed in JUSTICE MARSHALL's concurring opinion concerning prosecutorial and judicial enforcement of our holding today, we do not share them.

The progressive view favours robust judicial review of legislation, and in particular robust judicial enforcement of the Canadian Charter of Rights and Freedoms.

I'm highly uncomfortable with judicial enforcement of the performance of a very personal religious obligation, even when it arises from contract.

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

The respondents urge that judicial enforcement of private agreements does not amount to state action, or, in any event, the participation of the State is so attenuated in character as not to amount to state action within the meaning of the Fourteenth Amendment.

Petitioners have placed primary reliance on their contentions, first raised in the state courts, that judicial enforcement of the restrictive agreements in these cases has violated rights guaranteed to petitioners by the Fourteenth Amendment of the Federal Constitution and Acts of Congress passed pursuant to that Amendment.

The Judicial Usurpation of Politics,» do not object to the judicial enforcement of constitutional guarantees.

Not exact matches

In March, the board took the unusual step of filing its latest decision with the Federal Court for judicial enforcement because it expected CP to ignore its orders.

The joint statement also spoke to the importance of strengthened judicial cooperation and «strict law enforcement.»

You'll notice, for instance, that they are very much in favor of judicial authority (which includes its enforcement mechanisms, like the police) maintaining law and order, policing the border, and so on.

The organisation said that, «The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.»

An alternative version, put forward by state lawmakers, asked whether the Legislature should «provide for the establishment and support of effective free public schools without judicial enforcement.»

«What does it mean if a government entity is allowed to destroy documents that are... subject to [the Freedom of Information Law and] judicial inquiries, and could be used to aid law enforcement?»

The statement added, «The EFCC boss expressed concern over the delay usually experienced in dispensing corruption cases and the conspiracy (in some cases) between the criminals and judicial workers / law enforcement agents to make violators of law escape justice, citing the case of a former governor of Adamawa State, Bala Ngilari, who was set free with the connivance of a prison warder and court registrar after being convicted by court.»

The situation is made worse by the epidemic, as described by Trump, of information leaking to the Press from the judicial and law enforcement agencies, from the intelligence community, from the legislature and from Trump's own administration.

The AG's FOIL lawyers say that release of the material could interfere with a law enforcement probe or a judicial proceeding.

And those who interpret or enforce policies or regulations as part of their work — in corporations, law enforcement, or the judicial system — need to be mindful of the deprivation effect too.

Before joining DOT, Mr. Bradbury was a litigation partner at Dechert LLP in Washington, D.C., where his practice focused on regulatory enforcement and investigations, rulemaking and judicial review of agency actions, appellate cases, and antitrust matters.

Since men still fill the majority of positions in law enforcement and the judicial system, they tend to think a man's rights are more important than a woman's.

A licensee aggrieved by an order of the administrator under this section may obtain judicial review of the order and the administrator may obtain an order of the court for enforcement of its order in the circuit court.

We may disclose the information we collect from and about you as follows: (1) with Green Dot subsidiaries and affiliated companies; (2) to our third party service providers that provide business, professional or technical support functions for us; (3) as necessary if we believe that there has been a violation of the Site Terms of Use or of our rights or the rights of any third party; (4) to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) as described to you at the point of collection.

A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

Sets forth provisions concerning enforcement and judicial review of such combined efficiency and renewable electricity standard.

Meanwhile, as the ongoing 2016 RGGI Stakeholder Process continued, the Massachusetts Supreme Judicial Court (SJC) issued a decision concerning the enforcement of the Massachusetts Global Warming Solutions Act.

A «lawyer in criminal court» would be held in contempt if his defense consisted of nothing but blatant laughable falsehoods, and accusations that the judge, prosecution, police, and indeed every law enforcement agency and judicial system in the world were all conspiring to frame his client:

The future of the EPSR depends largely on how it will be treated by the stakeholders, and here the judicial arenas should be activated if there is no meaningful enforcement actions following from the EU political actors and the member states.

Moreover, it is apparent from the case - law -LSB-...] that the legislation indicated «that property not belonging to private persons shall be administered and alienated according to the specific rules applicable to them; that, in respect of property belonging to public entities, even those pursuing industrial and commercial activities, the principle of non-seizability of that property precludes recourse to private - law enforcement remedies; that only the creditor who has obtained an enforceable favourable judicial decision having acquired the force of res judicata and ordering a public entity to pay, even provisionally, an amount of money, may have enforced the specific rules [applicable].

The optimal outcome for investors is if they have the possibility to bring a claim based on an EU FTIA before an investor ‑ state tribunal and before domestic courts, while the optimal outcome for civil society is if investors can not bring an FTIA claim before any of the two judicial avenues; (ii) problems facing the domestic enforcement of ISDS awards; (iii) the need to keep the investment protection standards in the agreements or not.

The case concerns the principle of effective judicial protection (laid down in Article 47 of EUCFR) and the private enforcement of competition law.

The recent response of the CJEU to the Slovakian and Hungarian challenge (C - 643 and C - 647 / 15, the migrant quotas verdict) to the Council decision on the relocation of migrants from Italy and Greece (the relocation decision) seems to establish that the principle of solidarity between Member States in the area of EU immigration policy can be a source of EU obligations susceptible to judicial enforcement.

See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The lawfulness or scope of a notice or subpoena from a law enforcement authority may be challenged in the Irish courts through judicial review proceedings, unless it is possible to reach a compromise with the law enforcement agency on the scope of the notice.

Rosalind specialises in Planning and Highways law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, planning appeals, judicial review and other Planning Court challenges, and planning enforcement issues.

You should therefore act quickly to prevent the CT law enforcement and judicial system from gaining even more of an unfair advantage.

Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.

It consists of two powerful programs to help you more easily manage property distribution and the related Judicial Council forms and generate the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Declaration.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

«This Blog is intended to provide timely discussion of judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement.»

I am of the view that there should be appropriate judicial oversight of any regime in which service providers are required to identify their users to law enforcement officials.

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

[7] While excluding judicial decisions and arbitral awards will limit the number of parties served by the instrument, the working group considered it best to avoid «overlap» with other conventions and minimize confusion among enforcement authorities over which instrument applies, although the final wording of this provision remains to be determined.

Article 7 (2) of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».

Adam's prior experience includes commercial litigation involving breach of contract, judicial foreclosures, fraudulent transfers, business torts, and domestication and enforcement of judgments.

According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).

Based primarily in Southampton, Bernard brings specific legal experience in all aspects of the planning process including applications, objections, complex agreements, appeals, enforcement, policy and judicial reviews.

The following factors are considered in determining recognition and enforceability of a Georgia injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

ILEX fellows have been eligible to apply for selected judicial roles since November 2008, as a result of changes brought about by the Tribunals, Courts and Enforcement Act 2007.

Nonetheless, she envisages less governance problems in the case of EU competition law enforcement by the CJEU and national courts, since «theories of integrity in judicial reasoning suggest deeply embedded tendencies to prefer solutions that are coherent with the legal system at issue, and -LRB-...) its underlying constitutional and moral values.»