Sentences with phrase «judicial oversight»
Judicial oversight refers to the important role of judges in supervising and reviewing the actions and decisions made by other branches of government, such as the executive and legislative branches. It ensures fairness, checks for any abuses of power, and upholds the constitution and the rule of law. Full definition
This is an important step in ensuring judicial oversight of the government's digital search.
eff.org
It raises issues regarding the ability of foreign governments to view our personal information — without our knowledge, without judicial oversight, and despite contractual arrangements to the contrary.
It is only with judicial oversight that society can be assured that the appropriate balance between privacy and public safety is maintained.
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.
For example, probate ensures judicial oversight of the will and the distribution of assets.
I believe that collection of private information or data - gathering without appropriate judicial oversight is an infringement on privacy rights.
... (Morsi) formally gave himself open - ended powers to make decrees that are immune from judicial oversight (therefore barring any legal recourse against them), giving himself license to do pretty much anything else he pleases in the name of national security.
-- NYCHA's top lawyer admitted this week the authority has agreed with the feds to settle the investigation by submitting to expanded judicial oversight under what's known as a consent decree.
Judicial Oversight Over the Interstate Placement of Foster Children: The Missing Element in Current Efforts to Reform the Interstate Compact on the Placement of Children (PDF - 301 KB) Sankaran (2009) Capital University Law Review, 38 Examines the role juvenile court judges play in making placement decisions for foster children, the need for judicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty of States.
We will reintroduce effective judicial oversight over how and when they are used, when the circumstances demand that our collective security outweighs an individual freedom.
A New York judge who was found to have verbally abused staffers and to have once triggered a «melee» over a court clerk hire he didn't approve of should be removed from the bench, the state judicial oversight commission said.
Because these decisions are «administrative» decisions delegated by the Home Office they do not require judicial oversight.
On Monday, a federal magistrate in Brooklyn will determine how judicial oversight of the process should proceed.
While judicial oversight is a legislative requirement in representative proceedings, non-representative proceedings where TPLF is also used, such as personal injury or commercial litigation, are not subject to judicial controls.
«There is no independent judicial oversight or authorization, nor a process for effective independent review of technical capability notices and their requirements,» Privacy International noted.
He's also called for direct judicial oversight when police are investigated for killings or felony assaults.
Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, «has... the right to make or unmake any law whatever....»
Lucas and Jones insist that they are not demanding that all politicians should be exempt from monitoring, but are calling for «proper judicial oversight» before any future surveillance can take place.
PETER HAIN: Well provided there's the evidence and provided, as Gordon is saying, there's very careful judicial oversight of this.
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.
The decades since the 1954 U.S. Supreme Court case known as Brown v. Board of Education of Topeka, Kansas, have seen significant judicial oversight of school desegregation efforts in states across the country.
Despite the courts having played an integral role in serving as a check against states not acting in the interests of all students for nearly four decades, Sessions» campaign against judicial oversight of legislative actions prevented the judiciary from resolving inequities in the Alabama education system.54
Maybe I'm wrong and we need RICO or some other judicial oversight to examine truth.
Automatic judicial oversight of the arrangements for holding people in administrative detention
Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»
C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.
A lone dissenting judge in Goodwin warned for the need of greater judicial oversight in order to protect the public's right against unreasonable seizure, and Mackey says that too is a welcome compromise when it comes to curtailing impaired driving.
Warrantless wiretaps, we argued, should be used only as a last resort tool in situations of true emergency, consent should be obtained where feasible, and each case should be subject to after - the - fact judicial oversight.
There are good reasons to require police to obtain warrants and seek judicial oversight before invading individual privacy.
Madam Justice Corthorn comments in her decision that the reasoning behind the requirement for an oral hearing is that it allows for judicial oversight where a formal action — and all the information that is provided to the court in that particular context (for example, the parties» pleadings)-- has not yet been commenced.
These include judicial oversight for surveillance carried out by public authorities, requiring government departments to produce an independent and publicly available privacy impact assessment before introducing any new data collection scheme, and allowing the information commissioner to inspect private as well as public sector organisations.
Whilst the benefits for the investigator are obvious, limited judicial oversight and lack of statutory time limits meant that police bail could be used to disproportionately restrict the rights of suspects for an indefinite period.
-- The bill seems to have reasonable judicial oversight, but then allows sweepings powers to intercept bulk data.
A recent survey from the Canadian Internet Registration Authority (CIRA) shows a disturbing trend that online surveillance often happens without transparent judicial oversight, and yet appears to be raising relatively little concern among the public.
The paperless arrest laws are being challenged in the High Court the grounds for which are that the new laws lack judicial oversight and places too much power in the hands of police.
Parliamentary privilege means immunity from judicial oversight.
Interestingly, while Dunsmuir was largely concerned with judicial deference to the executive, it seems to have been relied on in Australia to affect the reverse: to expand judicial oversight of executive discretion.
The state of emergency gives the police powers to raid and search homes without a warrant, shut down associations, and ban peaceful protests — all without judicial oversight.
Law enforcement has always been able to do things like wiretaps with judicial oversight that requires some standard of reasonable cause before it happens.
Lesson here: it's very wise to have legal guidance and judicial oversight in dealing with banks these days, because things are just plain messed up.
If a poorly performing public authority randomly stumbles on the right answer without process or reason, is there really no cause for judicial oversight?
«We are inundated with denials and narrowly tailored «transparency reports,» but no company has stepped forward to tell us exactly what is really going on, and why the government seems so optimistic about being able to get user data from companies in real time or near real time, without any judicial oversight,» Arrington wrote.
«It would represent a serious expansion of judicial oversight of what the president and the entire executive branch does,» said Yoo, now a professor at the University of California at Berkeley School of Law.
Homeless charity Crisis raised concerns that the policy offered «the potential for rogue landlords to perform illegal evictions, as there is no judicial oversight of the eviction process».
That involves bolstering its judicial oversight, which anyway would be no bad thing.
We know it is managed by the Met police, and there is no judicial oversight over who is put on there.
The height of the contribution is formally decided on by the states, but on the recommendation of an independent body (KEF, Kommission zur Ermittlung des Finanzbedarfs) and subject to judicial oversight.
«Therefore the proceedings under control orders, for example, which have closed hearings and a lot of judicial oversight, and the person is told the basis on which they're being held.