Sentences with phrase «judicial remedy»

This decision foreclosed a federal judicial remedy for disparities in funding that had relegated Mexican American children in the predominantly low - income Edgewood Independent School District of San Antonio, Texas, to an education that was inferior to that of students in the city's affluent, mostly white Alamo Heights district.

And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law, disputes which may concern the application or interpretation of EU law.»

How did the Home Office get to the point where it started deporting innocent people on the basis of unreliable hearsay evidence and without any proper judicial remedy?

But the Rodriguez court correctly held that because «the Constitution does not provide judicial remedies for every social and economic ill,» broad educational goals are «not values to be implemented by judicial intrusion into otherwise legitimate state activities.»

This means that in case of EU measures the investor might prefer to resort to ISDS instead of EU judicial remedies.

The notion of «implying» a remedy, therefore, as applied to cases like Borak, can only refer to a process whereby the federal judiciary exercises a choice among traditionally available judicial remedies according to reasons related to the substantive social policy embodied in an act of positive law.

If the procedural exclusivity issue is to take firm root then it will matter; time limits in judicial review are tight and the scope for judicial remedies narrow, whereas the ills of the child support scheme for all concerned with it are many and varied.

In the literature, scholars have thus concluded that the setting of judicial remedies in the EEA is incomplete for the EFTA countries, as there is no binding preliminary reference procedure which would ensure one unitary authoritative interpretation of EEA law (see S. Magnússon, «On the Authority of Advisory Opinions», 13 Europarättslig tidskrift (2010) p. 528 at p. 535 - 536).

You may have heard that it's not worthwhile to patent your company's technology in Canada, with its smaller market, its conservative judicial remedies and its skepticism toward software - based patents.

Rather, an application could languish indefinitely before the Council, with the Newspaper's only judicial remedy being a petition for mandamus.

This contributes decisively to ensuring the uniform interpretation of EU law and, in that way, furthers legal certainty and improves the situation of the individual seeking judicial remedies.

agree to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law (see, to that effect, judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C ‑ 64 / 16, EU: C: 2018:117, paragraph 34), disputes which may concern the application or interpretation of EU law.

This because it considered that the Implementing Regulation was a regulatory act (within the meaning of Inuit I), and that it did not entail implementing measures (the Commission holds that this condition is a test as to whether «the lowest act in the hierarchy of norms is challenged» — a question of judicial economy and the organisation of judicial remedies).

Among them are life, liberty, security of person, freedom from slavery and from torture and inhumane treatment; equality before the law; the right to judicial remedies for wrongs; freedom from arbitrary arrest and detention; fair trials and due process of law, including the presumption of innocence; privacy; freedom of movement; equal rights in marriage; freedoms of speech, press, assembly and association; and free elections.

The absence of a constitutional right, and thus of a judicial remedy, does not dictate a narrow or limited vision of a moral society.

Al Lindseth, an expert in school finance law and coauthor of «Schoolhouses, Courthouses, and Statehouses,» has sharply criticized these judicial remedies on the ground that they only throw money at broken systems.

Recent, more finely tuned data for New Jersey, provided by Peg Goertz, a University of Pennsylvania researcher who has closely followed developments in the Garden State, indicate that from 1999 to 2007 substantial gains were made in the Abbott districts, which were the focus of the judicial remedies.

With the SJC poised to impose a judicial remedy mandating new state spending for schools, the Legislature and then - Gov.

Public participation (described as access to information and judicial remedy, as well as participation in decision making) in development projects not only has legal precedent in international accords but also has been incorporated into the procedures of international lending organizations.

However when a judicial remedy is necessary, Mr. Sherman zealously defends his clients» rights and aggressively prosecutes for what is just.

Under Art 68 ECT, jurisdiction to request a preliminary ruling on Title IV or acts adopted under that title is confined to national courts against whose decisions there is no judicial remedy under national law.

The argument (mentioned in columns by Profs Benykhlef and Vermeys in their Slaw ODR columns t00) is that there is no seriously available judicial remedy, so waiving one's «rights» to such a remedy is no serious sacrifice, and one may get from that act a usable ODR system.

As a consequence, the fact that there are frequently difficulties when interpreting a particular expression in various Member States and that there are conflicting lines of case - law implies that «a national court or tribunal against whose decisions there is no judicial remedy under national law must comply with its obligation to make a reference to the Court, in order to avert the risk of an incorrect interpretation of EU law» (paragraph 44).

[Key words] Domestic Violence, HabeasCorpus verdict, Women's rights protection, Judicial remedy, Domestic violenceprevention system

Furthermore, it authorizes EFTA States expressly to limit in their internal legislation the right to request such an advisory opinion to «courts and tribunals against whose decisions there is no judicial remedy under national law».

It added that it should be noted that «EFTA citizens and economic operators benefit from the obligation of courts of the EU Member States against whose decision there is no judicial remedy under national law to make a reference to the ECJ (see Case C - 452 / 01 Ospelt and Schlössle Weissenberg [1993 (sic)-RSB- ECR I - 9743)».

Consumer protection cases can secure a judicial remedy that compensates those harmed by the defendant's conduct and / or forces the defendant to stop the harmful behavior.

In this specific area, which is the compensation of personal injury cases, theoretical knowledge is indispensable, and it requires the mastery of technical questions such as the methods of forensic and pecuniary evaluation of a personal injury, the processes of compensation (procedures and judicial remedies), and third - party redress.

Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

by appellant as a part of the latter constitutional contention disappears by our holding, as indicated later in this opinion, that the challenged clause of the ordinance and New Hampshire's requirement for following a judicial remedy for the arbitrary refusal are valid.

Rectification is a judicial remedy available to give effect to the parties» true intentions, rather than to allow an erroneous transcription of those true intentions to prevail.

The fruit of the poisonous tree doctrine, or exclusionary rule, is a judicial remedy created for the purpose of deterring future unlawful conduct.

With no judicial remedy, and nothing other than a discretionary system offering only token compensation for any resulting losses, inevitably there will be injustice.

Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.

Finally, we will discuss the judicial remedies proposed by the FR and their legal pertinence [Part II].