Sentences with phrase «judicial remedy for»

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.

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.

During oral submissions to the Human Rights Committee, Mr Lahlah, the committee member from Mauritius, commented on the lack of judicial remedies for breaches of the Covenant.

Not exact matches

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.

Thus, the application for judicial review was granted and the matter was sent back to the Tribunal to issue a declaration that the publication of the article «AIDS Secrets» by the respondent Marc Lemire constituted a breach of s 13 of the Canadian Human Rights Act and to determine a proper remedy for the breach.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

This abstract idea is complemented by the more practical concern about the «full effectiveness of EU law» (para. 56), a central part of which is the availability of «remedies sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law».

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.

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

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

However, if an application for forfeiture is concluded before judicial review proceedings, then this will provide no effective remedy.

Focus judicial resources on: interlocutory remedies to preserve status quo; case management to keep the proceedings within the time set for it, and final hearing on the merits;

The preface takes a swipe at «divisive» judicial pension reform and its impact on recruitment (I see by chance that one of the editors is Mostyn J) and contains a spoof judgment pre - RS v JS (though it is reminiscent of a case I had only the other week sitting as a deputy at Aldershot), the headnote for which reads: Financial Remedy — Short marriage - Farming - Cross-claims - Conduct -(W) kidnapping, repulsive parents --(H) culinary incompetence, dysfunctional family — Twitter — W awarded # 10m.

In their submissions on this motion, the carriers appear to be under the mistaken impression that an appeal is available on errors of fact or that this is a judicial review proceeding where the remedy for an omission to make a relevant finding of fact would be to remit the case back to the trier of fact.

Again, Anisminic is sometimes taken as authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the law, with the corollary that judges should not have any discretion to refuse judicial review remedies.

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.

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.

These days the remedies for people who feel that the Home Office has misapplied the law or failed to properly assess their case are far more limited; basically a right to a second pair of Home Office eyes reviewing their application followed by an application for judicial review if their pockets are sufficiently deep to finance their own legal team and face the significant costs that may be sought by government lawyers if their claim fails.

To prevent the judicial system from taking a role in setting educational spending priorities and remedies that could badly tilt educational priorities, the Province and the School Board asked the British Columbia Supreme Court for a judicial review of the Tribunal's decision or alternatively, to quash the remedial orders made by the Tribunal.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

The following factors are considered in determining recognition and enforceability of a Tennessee 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 following factors are considered in determining recognition and enforceability of a Missouri 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 following factors are considered in determining recognition and enforceability of a California 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.

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).

The expert periodic review calls for improved access to effective remedies from Canadian courts and for more continuing judicial and professional education on international human rights law implementation.

remedy for this, however, lies, not in the abuse by the judicial authority of its functions, but in the people, upon whom, after all, under our institutions, reliance must be placed for the correction of abuses committed in the exercise of a lawful power.»

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

The following factors are considered in determining recognition and enforceability of a North Carolina 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 report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.

Our examination of restrictions on remedies takes account of new limitations introduced following recent government consultations on judicial review that were animated by concerns about the volume of judicial review challenges being brought and the abuse of judicial review for political ends.

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.

What should be the default remedy for judicial measures such as judicial expropriation?

Then it proceeds to the three analytical steps to determine an application for judicial review: preliminary and procedural concerns, the merits of the judicial review (review for substantive defects and procedural defects), and remedies.

The following factors are considered in determining recognition and enforceability of a foreign 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.

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

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.

Therefore, the only remedy to overturn the decision of an arbitral tribunal in Newfoundland and Labrador is an application for judicial review.

This is a clear denial of justice, is discriminatory in its impact and does not meet the requirement for the provision of effective judicial or other appropriate remedies that is integral to the right to social security.

Next students will go over taxation, with property taxes, other taxes, impact of taxation on financing arrangement, followed by foreclosure, a definition of foreclosure, loan default, judicial foreclosure, strict foreclosure, foreclosure by power of sale, and alternatives and remedies for foreclosure.

«Judicial review is a perfectly useful remedy for appropriate situations,» says Wright.

This gives members of RECO the option of applying to the court for a judicial review of any disciplinary decision, if all other remedies available have been pursued and if the applicant can prove a «denial of natural justice» through unfair treatment.