Sentences with phrase «judicial intervention in»

«Judicial Intervention in the Electoral Process,» International Judicial Forum, Malta (May 2013)(commentator)

Is There Too Much Judicial Intervention in Civil Litigation, Law Times, June 23, 2014 (co-author with Keith Landy)

The scrapping of employment tribunal fees has been described as the «most significant judicial intervention in the history of British employment law» — a statement I would agree with; it's going to make a huge difference and employers need to be prepared.

Judicial intervention in international arbitral awards under the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the «Model Law»)-- though given the force of law by the International Commercial Arbitration Act and the Commercial Arbitration Act — is limited in scope by Article 34.

Instead, the impression one gets, especially from Lord Reid's speech, is that there is now a list of nullifying errors, a list of reasons for judicial intervention in respect of unlawful administrative decisions, with no area of administrative action walled off from judicial oversight.

That he had the foresight to bring his laptop computer to court, and defense counsel did not, simply can not serve as a basis for judicial intervention in the name of «fairness» or maintaining «a level playing field.»

It examines three different sets of developments: (i) those areas where judicial intervention in the English Courts has eroded the principles in cases in fields including arbitration, ancillary relief and financial services regulation, (ii) the developments under the notionally identical jurisdiction under EU Regulation 1206/2001 and (iii) the emerging jurisprudence under the new jurisdiction for non-party disclosure under CPR 31.17.

It helped in the process of demystifying judicial proceedings and helped send the clear message from the majority on the court that the controlling principle of judicial intervention in elections was the result delivered at the polling station, which would not be easily reversed by a court.

And all too often judicial interventions in education policymaking seem to have produced unintended consequences.

Not exact matches

2001)(«The D.C. Circuit, confronting a case in which an agency had unreasonably delayed an action under a statute that provided no deadline (rather than and [sic] agency that unlawfully withheld an action under a statute that imposed a deadline), explained that «a finding that delay is unreasonable does not, alone, justify judicial intervention»»).

However, several judicial interventions followed, culminating in the 16th March judgment of the Court of Appeal sitting in Abuja, clearing all legal hurdles for the Commission to commence the recall process.

The mere fact that judicial oversight remains in place can ensure continued adherence to implementation of stated policy goals, and actual interventions should be rare, especially if it is clearly understood that all the courts would be enforcing are the state's own policy goals.

While some have tried to define these court decisions as successes, in reality, the outcomes have been extremely disappointing for advocates of increased judicial intervention.

In a ruling two years ago, the state's highest court also said education policy was a political question off limits to judicial intervention.

This underlying narrative is reflected in the structure of the book, which begins with the most basic of questions about the nature of judicial review (described as the keys to understanding what the court is doing), before moving on to parameters of judicial review (further dominant themes shaping the law and practice) and grounds for judicial review (public law wrongs justifying the court's intervention).

Quinn looks at this weekend's legislative and judicial intervention's through the eyes of someone who has been on the inside of the debate — in the case of his late father.

The Supreme Court of Canada has confirmed that British Columbia's statute has a lower threshold for judicial intervention than do the provisions in other provinces.

Bastarache rejected the allegations but he did document gaps in the judicial nomination process in Quebec in terms of transparency, writing that the process was vulnerable to all manner of interventions and open to potential partisan favouritism.

They proceed to warn the CJEU that any judicial intervention on this subject would be an overreach of their judicial function, «effectively usurp [ing] the role of the Member States in negotiation a political solution» [para. 183].

Are the CJEU's interventions in cases such as Somali Pirates II and H v Council legitimate exercises of judicial power or examples of judicial overreach and activism?

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHR.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHR.

In terms of procedural fairness, the conduct of the Tribunal «must be sufficiently serious to offend our most basic notions of morality and justice» and judicial intervention is only warranted when «the Tribunal's conduct is so serious that it can not be condoned under the law of the enforcing State» (para 65).

Its other recommendations include: greater judicial case management, with specialist judges and early intervention; agreement on circumstances in which parties might lose costs protection; drawing up realistic budgets; and allowing the courts to continue to exercise cost - capping powers.

Keramet Reiter's research goes even further to suggest that limited judicial intervention on prisoner isolation in the 1960s and 1970s may have contributed to the modern supermax, as department of corrections officials designed «constitutional» modes of segregation in response to legal challenges.

Michael Forshey is the managing partner of our Dallas office and a seasoned and detail oriented trial lawyer who assists clients in resolving business and commercial disputes by applying creative solutions and, when necessary, judicial intervention.

In the wake of the events of September 11, 2001, for example, Congress enacted, in swift fashion, the USA Patriot Act, allowing for, among other things, increased authority to conduct searches and monitor activity without judicial intervention.28 The USA Patriot Act led to a number of new rules and executive orders from the Bush Administration, including the widely criticized Bureau of Prisons Rule.29 This rule «authorizes the Attorney General to order the [Bureau of Prisons] Director to monitor or review communications between inmates and lawyers for the purpose of deterring future acts that could result in death or serious bodily injury to persons or property.&raquIn the wake of the events of September 11, 2001, for example, Congress enacted, in swift fashion, the USA Patriot Act, allowing for, among other things, increased authority to conduct searches and monitor activity without judicial intervention.28 The USA Patriot Act led to a number of new rules and executive orders from the Bush Administration, including the widely criticized Bureau of Prisons Rule.29 This rule «authorizes the Attorney General to order the [Bureau of Prisons] Director to monitor or review communications between inmates and lawyers for the purpose of deterring future acts that could result in death or serious bodily injury to persons or property.&raquin swift fashion, the USA Patriot Act, allowing for, among other things, increased authority to conduct searches and monitor activity without judicial intervention.28 The USA Patriot Act led to a number of new rules and executive orders from the Bush Administration, including the widely criticized Bureau of Prisons Rule.29 This rule «authorizes the Attorney General to order the [Bureau of Prisons] Director to monitor or review communications between inmates and lawyers for the purpose of deterring future acts that could result in death or serious bodily injury to persons or property.&raquin death or serious bodily injury to persons or property.»

Justice Stratas grants Alberta's application to intervene on the presumption that the Crown represents the interest of Albertans in the proceedings (at paras 11 - 27) and denies the application to intervene made by the Tsartlip First Nation on the basis it is really an application for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).

Unless advocates of the traditional approach can explain in a principled way why judicial intervention should be encouraged on matters of «procedure» or «fairness», more and more judges will adopt the Dunsmuir framework for all administrative decisions, procedural or not.

Any status quo arrangement resulting in one parent being estranged from a child is vulnerable to judicial intervention where alienation can be proven.

It needs to explain the basis on which intervention decisions are made, and the function that interventions serve in judicial decision - making.

HELD While decisions of a Home Secretary under the scheme are susceptible to judicial review, intervention by the courts should be highly guarded and limited to cases where there is an issue about the reach and meaning of a policy where a minister, in his application and / or interpretation of it, strays outside the reasonable range of meaning, or where there is ambiguity.

As noted by Mr. Justice Edwards in E.G. v. F.B.G., 2004 BCSC 564, courts must be cautious in replacing a workable custody arrangement contained in a separation agreement with a court - imposed custody order in the absence of evidence justifying judicial intervention.

A Request for Judicial Intervention is usually filed early on in such a case.

In outlining its reasons, the Court stated that «the class action is designed to facilitate authors» access to justice while preserving judicial resources and, where appropriate, to effectively sanction acts that would otherwise remain protected from judicial intervention because of the low level of injury when assessed on an individual basis.

Consistent with Weatherford, earlier decisions had demonstrated a reluctance to allow 3rd parties to «interfere» during prosecution by seeking judicial intervention at the time (as opposed to retroactively / post issuance as in Weatherford).

In these circumstances, and because of the lack of judicial intervention, this may ultimately be a matter for Parliament to redress.

(b) Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

Collaborative Divorce is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage disputes on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the early stages of the dispute, before the problem has had time to become «true» alienation, or in the early years of a child's development; changing custody on a temporary basis; determining whether «pure» or «mixed» alienation is taking place; keeping the courts involved; suggesting counselling; making a finding of contempt; making a no - contact order; involving the Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually took place.

A judicial use of adult self - harm literature may be sensible in the absence of evidence - based interventions for adolescents.

This model is widely used for preventing recidivism in the (juvenile) criminal justice system, as various meta - analyses have shown that judicial interventions aimed at behavioral change are most effective when delivered according to this model (Andrews et al. 1990; Andrews and Dowden 1999).