Sentences with phrase «judicial scrutiny as»

It seems there has been a lot of judicial scrutiny as of late of expert witnesses crossing the line into client advocacy.

Not exact matches

These include statutory rights of appeal, judicial review and scrutiny by independent panels and tribunals, such as the Process Review Panel, the Ombudsman and the Independent Commission Against Corruption.

Scrutiny is legitimate and important - but the use of judicial investigations as a primary tool of partisan politics is still regrettable.

their practices as judicial officers have to withstand the scrutiny from the public; By law, they have to show us their real identities; they can't hide their real identities from us for ever;

Recognizing that other state courts had interpreted Haslip as including a «clear... constitutional mandate for meaningful judicial scrutiny of punitive damage awards,» Adams v. Murakami, 54 Cal.

I see this as related to R. v. Chehil, where the judge expressed discomfort at a «cozy relationship» between the police and a corporation which was designed to circumvent judicial scrutiny of searches.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Guest columnist Anastasia Konina, writing recently in the online journal Jurist, says: «the proposed system of consumer rights enforcement has been heavily criticized for a number of reasons, such as «putting efficiency above judicial scrutiny,» loss of public access, pressure due to general confidentiality of ADR and ODR proceedings and banning access to courts.»

The decision also characterizes employment agreements (especially with low - level employees) as «contracts of adhesion» that may be subject to more careful judicial scrutiny.

His personal attacks on judicial figures as he struggled to remove judiicial scrutiny of executive action were crude, ill advised and, in the end, ineffective.

The Sixth Circuit, applying strict scrutiny, affirmed the lower court's conclusion that the party affiliation and solicitations clauses violated the First Amendment as neither was narrowly tailored to serve the state's compelling interests in having an unbiased judiciary and to decrease reliance on political parties in judicial elections.

Although, as Dyzenhaus has argued, a justification - based approach to reasonableness is not necessarily more intrusive than the traditional Wednesbury approach, the effect of Li seems to have been to increase judicial scrutiny of administrative decisions in at least some cases.

The Court took as its starting point the proposition that the statutory safeguards in PACE were sufficient to protect the rights of citizens [29 - 30] and that the independent judicial scrutiny required under PACE were adequate to safeguard the position of persons affected.

Instead, it calls for a more nuanced analysis that takes account both of the importance of the value threatened by the impugned decision as well as the constitutional and institutional constraints that may operate to limit the legitimate nature and intensity of judicial scrutiny.

By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary with the ebb and flow of political forces.

Even under strict scrutiny, being able to identify a passenger, especially using public transit, having identification serves an overriding and legitimate public purpose (actually multiple purposes) and as such, would survive the strictest of judicial scrutiny.

There is likely to be more judicial scrutiny of efforts to obtain information from at least some kinds of intermediaries as a result of this decision.

Additionally, there was a need for automatic judicial scrutiny of any detention as opposed to requiring the individual to initiate judicial review proceedings themselves.

As discussed in Chapter 3 the policy position at federal Government level has been to apply and reinforce this increasingly narrow judicial interpretation of native title, including opposing in the courts, recognition of native title (for example sea rights) and subjecting agreements recognising native title to critical scrutiny even where such agreements are based on consent.