Sentences with phrase «judicial review of the case»

The parent has applied for a judicial review of the case, after authorities refused to issue a birth certificate with a gender designation.

The alliance is hoping for an early decision from the court on whether to allow a judicial review of the case which they hope could take place before the new year.

Note that an application for judicial review of this case is pending before the Federal Court of Canada (Court File T -295-15).

The NSW Governor was supposed to decide what to do about a petition for a judicial review of her case in September last year.

Not exact matches

Those earlier tariff cases gave US importers and other interested persons an opportunity to argue whether such added duties are justified and an opportunity to seek judicial review of agency decisions.

She said that after weighing the facts of this case she decided to dismiss Mr Ngole's claim for judicial review.

Whatever Marbury was supposed to mean about the scope of the power of judicial review, it is a notable fact that the Court declined to exercise that power to declare another act of Congress to be unconstitutional until 1857, when it ruled in the case of Dred Scott v. Sandford.

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

It would also, at least in some cases, prevent permission stage of judicial review cases from turning into a dress rehearsal.

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

Take another ETS case, R (Mehmood and Anor) v The Secretary of State for the Home Department, where it was found that judicial review wasn't appropriate in challenging ETS fraud cases.

Last year he singled out planning judicial review by saying cases must be brought within six weeks of any decision rather than the usual three months, knowing it is harder for small community groups to raise money and start complex proceedings in this short space of time.

A high court judge said they had «an arguable case for seeking the relief claimed by way of judicial review».

In a statement, Yow said over the last 12 years, Ragbir's immigration case has undergone extensive judicial review at multiple levels of the country's judicial system.

I seem to recall that some other country or countries have a system allowing for judicial review of laws / bills without waiting for such a case to be brought.

Since taking over from the rather more liberal, Kenneth Clarke Grayling has attacked human rights as «political correctness», proposed dramatic restrictions to the right of individuals to challenge the state through judicial review, imposed significant restrictions on access to lawyers with no - win no - fee cases, moved the government back on to the course of building more (and bigger) prisons — despite the evidence against them — and is set on dramatically privatising up to 70 % of the probation service ceding state responsibility for offenders to commercial enterprises.

Bonventre compares the ruling to Chief Justice John Marshall's reasoning in the early 1800's case Marbury versus Madison, which established the right of judicial review.

Mr Hain, a former Northern Ireland Secretary, made the comments about the handling of a judicial review case by Lord Justice Girvan in 2006.

It's wonderful that the production team has revived a judicial action that is ultimately heroic, ground - shaking, celebrating the good work of the American Civil Liberties Union (ACLU), its representative lawyers noting that only one out of four hundred cases is even accepted for review, i.e. certiorari.

In 2002, Frank Kemerer, regents professor of teacher education and administration at the University of North Texas, reviewed each state's case law and judicial climate in order to characterize the likely orientation of the courts if a voucher law were to be challenged.

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.

His expertise also covers specialisms in Creative Arts & Cultural Industries, Human Rights, Judicial Review, Complex Commercial Litigation, Intellectual Property law, Privy Council cases - Ultimate Appeal Court for parts of the Commonwealth, as well as, Regulatory Cases & Inquicases - Ultimate Appeal Court for parts of the Commonwealth, as well as, Regulatory Cases & InquiCases & Inquiries.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

It is an achievement made all the more remarkable by the dramatic expansion of the case law in what Lord Bingham has described as the «huge, burgeoning field» of judicial review.

The lesson of all three cases is that the courts do not accept that the funding of litigation is a matter for Parliament alone and the judicial review procedure will usually be the mechanism for challenging government decisions in this field, although Coventry is not a judicial review case.

We are now one of a group of test cases linked for judicial review proceedings — challenging not only particular decisions on ECF but the operation of the scheme as a whole.

Professors Deakin and Morris make a similar point that «there remains a strong case for reviewing the band of reasonableness given that it is essentially a judicial addition to the statutory formula and arguably one which has done much to limit the effectiveness of the statutory protection provided to employees, no matter how hallowed it has become with the passage of time».

Judicial review is concerned with whether these bodies have properly acted within their jurisdiction and thus each case will require a detailed analysis of the governing statute and the action purportedly taken under it.

The Court has often said, indeed for example in this case, that «the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure», also stating that, if there are multiple legal bases, the legislation should be based on the dominant legal basis (if recourse to a dual legal basis is not possible).

Such jurisdiction is in line with the Court's recent case - law that provides for the Court's comprehensive jurisdiction, especially in light of the Court's finding that the Treaties have created a «complete system» of judicial review entrusted to the Courts of the EU (Rosneft para 66).

The matter was no less urgent because of the General Court's recent order in Cases T - 192 / 16, T - 193 / 16 and T - 257 / 16 NF, NG and NM v European Council, which established that the deal does not count as measure adopted by one of the institutions of the EU for the purposes of judicial review under the Treaties.

He is regularly engaged on judicial reviews, High Court actions and Court of Appeal cases.

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

Neighbouring rights rarely get much judicial review so the case of Re: Sound v. Fitness Industry Council of Canada 2014 FCA 48 gives some insight as to this regime.

This is not the first case of this kind with a further crowdfunding judicial review in Hackney already proving to be successful in fighting a cut to the disability education budget.

restrict the right to an oral hearing in cases where the individual is seeking judicial review of a prior judicial decision, such as the decision of a bench of lay magistrates or the parole board.

Towards the beginning of his classic essay «The Core of the Case against Judicial Review ``, Jeremy Waldron notes that his argument is not directed against review of executive action, that is, most of what we conventionally call administrativReview ``, Jeremy Waldron notes that his argument is not directed against review of executive action, that is, most of what we conventionally call administrativreview of executive action, that is, most of what we conventionally call administrative law.

This is yet another reason why it is good to get legal advice on the strength of your case before going ahead with a judicial review.

Legal aid is still available for some key areas of litigation, in particular clinical negligence, housing cases and judicial review.

The fatality of this misstep would have been reasonably evident to any lawyer familiar with the Rules of Court, Alta Reg 124/2010 and case law governing judicial review.

Most people who are arrested on suspicion of DWI are aware of the court date in the Minnesota DWI criminal case, but are not aware that the Minnesota drivers license revocation under the Minnesota Implied Consent Statute, must be challenged within 60 days by serving and filing a Petition for Judicial Review.

She discussed some of the key cases of 2015 including the Northern Gateway Enbridge Pipeline regulatory review and judicial review, Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345, Mikisew Cree First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development), 2014 FC 1244, Hupacasath First Nation v. Canada (Minister of Foreign Affairs), 2015 FCA 4, Prophet River First Nation v. Minister of the Environment, 2015 BCSC 1682, Prophet River First Nation v. Canada (Attorney General), 2015 FC 1030, and Lubicon Lake Indian Nation v. Penn West Petroleum Ltd., 2015 ABQB 342.

John is widely regarded as one of Canada's leading experts in administrative law, and has co-authored and edited some of the leading administrative law texts, including Judicial Review of Administrative Action in Canada, the 4th edition of de Smith's Judicial Review of Administrative Action and the book that generations of law students have studied, Administrative Law: Text, Cases and Materials.

In 2013, Marc was heavily involved on behalf of 2 barristers in the judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.

in the landmark judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.

In cases where disputes have arisen between Canada and First Nations in these areas, the lack of a legislative framework has led some judges to question whether judicial review is even available.

While there is fun to be had in figuring out what other branches of s. 96 will be recognized in future cases — time limits on judicial review, anyone?

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

(education; leading modern case on school admissions; judicial review of school admissions policy based on catchment areas rather than parental preference; s. 411 Education Act 1996)

(6) Acting on appeal for several of the barristers in the landmark judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.