Sentences with phrase «judicial validity of it»

Though the mechanism seems like encouraging a direct approach by making TNCs directly responsible with human rights obligations, it still lacks clarity on how to implement the mechanism and the judicial validity of it (Braaten 7).

Not exact matches

However, on Tuesday, France's highest court for judicial matters, the Court of Cassation, ruled an undercover police officer's actions in the case had been unlawful, and ordered the Paris Court of Appeal to look again at the investigation's validity.

Para 51 — «the arbitral tribunal... is itself to choose its seat and consequently the law applicable to the procedure governing judicial review of the validity of the award...».

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

This procedure must therefore be open for all questions capable of submission for judicial consideration, either by the court of justice or possible by national courts, in so far as such questions give rise to doubt either as to the substantive or formal validity of the agreement with regard to the treaty.

Further, he said, judicial review will also be available when what is in issue is not «the legality, correctness or validity of an assessment but some suggested flaw in the statutory process that needs to be addressed outside the statutory regime, because it is not provided for within it».

The Court of Appeal had a chance to demonstrate real and effective judicial comity and recognize the validity and easy enforceability of the California judgment — and it wasted that opportunity.

In a case challenging the existence and validity of a multi-million dollar condominium complex, Mr. Heffernan persuaded the Massachusetts Supreme Judicial Court to overturn an Appeals Court's ruling and affirm a condominium developer's retention of the right to remove land from a condominium development.

When this court reverses the judgment, they overrule both the legislative and judicial authority of the state, without regard to the character or standing, political or judicial, of the individual members of either department; surely, then, it is our most solemn duty, not to found our judgment on the opinions of those who assume to decide on the validity of state laws, without any official power, sanction or responsibility.

So far as foreign divorces are concerned, the validity of such documents will depend on whether the divorce is obtained by way of «proceedings» (i.e. involving some sort of judicial or civil process) or pronounced without such action (certain kinds of talaq, for example).

(a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment; or

several constitutional principles other than the rule of law that have been recognized by this Court — most notably democracy and constitutionalism — very strongly favour upholding the validity of legislation that conforms to the express terms of the Constitution (and to the requirements, such as judicial independence, that flow by necessary implication from those terms).

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

This lapse is particularly troubling because the Opinion based its analysis on the following statement: «In order to ensure effective judicial review of that type of decision, the assessment of its validity must therefore in my view be carried out by reference to the current factual and legal context.»

(b) to improve the knowledge of the European Union's primary and secondary law among judges, prosecutors and judicial staff, including fostering the knowledge of the procedures before the European Court of Justice, in particular the procedure for obtaining a preliminary ruling on the validity and / or interpretation of provisions of European law;