Sentences with phrase «justice under the rule»

Thus, ensuring effective access to justice under the rule of law should not be done according to socialist principles but this means serious resource concerns.

Lawyers possess the keys to justice under the rule of law, the keys that open the courtroom door.

The exercise of the discretion is constrained by the duty of fairness and the obligation to act honourably for the public and the administration of justice under Rule 4.01 (4) of The Law Society of Alberta's Code of Conduct.

Not exact matches

Alsup referred the case to the U.S. Department of Justice for investigation of possible trade secret theft on Thursday, when the ruling was released under seal.

Trump's memo on Tuesday directed the Justice Department under Attorney General Jeff Sessions to «dedicate all available resources to complete the review» and propose a rule banning the devices.

The justices said in a 6 - 3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, under the 2010 health care law.

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

In 2014, the Court of Justice of the European Union ruled that circumventing DRM on game devices may be legal under some circumstances, limiting the legal protection to only cover technological measures intended to prevent or eliminate unauthorised acts of reproduction, communication, public offer or distribution.

Taiwan will formally regulate bitcoin under anti-money laundering rules by the end of the year, says its minister of justice.

His message was that a country must live under the rule of law, and that this must guarantee safety for everyone: «Justice is the only solid foundation of any state.

Curiously, however, the demand for the term «social justice» did not arise until modern times, in which more complex societies operate by impersonal rules applied with equal force to all under «the rule of law.»

Democracy, freedom, justice, and equality, which had more or less prevailed under Umar, were silenced by Uthman's rule.

But, in a written ruling on Thursday, Lord Justice Underhill and two other judges found the bishop's decision was lawful under the Equality Act.

The professionalization of the English legal system under the rule of John's father (Henry II) had created a new and menacing efficiency in the administration of royal justice.

Because in the Peskova ruling of May 2017 the European Court of Justice (ECJ) decided that a bird strike was an «extraordinary event» under EU flight compensation regulation 261 - with the result that airlines didn't have to pay compensation, just as they don't for delays caused by lightning strikes or severe weather events.

Justice Solebo had in the ruling noted that the offence in which Agbo was charged under Section 64 (1)(a) of the Criminal Law of Lagos was known to law.

Essex County has chosen to appeal the ruling by State Supreme Court Justice Martin Auffredou ordering the county to release electronic ballot scans under a FOIL request filed by Essex County Democratic Party Chair Bethany Kosmider.

«There is a sense that equal justice under the law is no longer the rule in this country and we have to get that back.»

Outside organizations could have an even greater effect under the new rules, post-Citizens United, and Long's aggressive focus on a conservative interpretation of the Constitution — she clerked for Justice Clarence Thomas — could, perhaps, prove attractive to wealthy conservatives, who have swamped Democrats in contributing to super PACs this cycle.

Irked by the development, a group under the aegis of Coalition of Civil Society Organisations for Justice and Equity, petitioned the National Assembly, urging it to intervene in order «to save our democracy and insist on rule of law.»

«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.

The Nigeria Police Force as a law abiding entity will continue to uphold the rule of law in all its ramifications and also ensure that nobody under any guise, no matter how highly placed is allowed to pervert the course of Justice.

The unanimous ruling by four justices says the appeal failed to show the dog's presence was impermissible under state law or impaired his right to a fair trial.

In that Texas case, Gebser v. Lago Vista Independent School District, the justices ruled 5 - 4 that districts can not be held liable under Title IX of the Education Amendments of 1972 unless an official in a position to take corrective action knew...

The principal mission of the Lawyers» Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of criminal justice, fair housing and community development, economic justice, educational opportunities, and voting rights.

This move was due to the European Justice Department ruling that basically said price fixing cartels were illegal under EU law.

Earlier this month, a state court in Massachusetts ruled that the case could go forward, despite the Trump Justice Department's claim that the federal Higher Education Act pre-empted the state's right to sue the servicer, which is under contract to the federal government.

Eight justices ruled that the existing law is too broad and therefore invalid under the First Amendment (freedom of...

Last Friday, the East African Court of Justice, which settles regional disputes under a treaty binding Burundi, Kenya, Rwanda, Tanzania and Uganda, ruled that the road was unlawful.

By blocking enforcement of the rule, the justices sent a signal that conservatives on the court may be inclined to limit the agency's powers under the Clean Air Act.

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

No sooner had U.S. District Judge Callie Granade ruled that the Alabama Marriage Protection Act, along with the added protection of the Sanctity of Marriage Amendment, was unconstitutional and Alabama had to allow gays to wed, than ol' reliable Alabama Chief Justice Roy Moore threw a grenade on Granade's ruling by telling the state's probate judges not to carry it out, under threat of penalty.

The apportionment of liability is one of the factors that the court should consider in exercising discretion under section 131 of the Courts of Justice Act, R.S.O. 1990, c.C - 43 (see Rule 57.01).

Failure to accept an offer to settle has been ruled to be within the exception under Section 29 of the Courts of Justice Act.

Mr. Justice Williams went on to canvass factors other than value and concluded that the Plaintiff was entitled to $ 9,500 in costs under Rule 15 - 1 (15).

The judge who granted leave to appeal acknowledged the decision's «importance to the profession, as well as to the administration of justice generally», and described the core issue raised by the decision to be whether «pre-approval to use discovery evidence under one of the exceptions contained in [Rule 30.1] is or is not required»: S.C. v. N.S., 2017 ONSC 2601 at para. 8.

On January 1, 2015, the Insurance Act was amended to change the prejudgment interest for non-pecuniary damages from 5 % under Rule 53.10 of the Rules of Civil Procedure to the prescribed rate under the Courts of Justice Act (which was as low as 0.5 % in 2009/2010).

Justice Brown wrote, at paragraph 36, «By resorting to rule 20 to compel the self - represented appellant to deliver an expert report, without meeting their own evidentiary obligations as moving parties under the rule, the defendants used the rules in a procedurally inappropriate manner.»

In dismissing Ms. Raczynska's plea for leniency, Justice Graesser explained, «Rule 3.15 provides a deadline which is essentially «absolute», just like the time requirements for issuing a statement of claim under the Limitations Act» (at para 65).

A cost effective way to correct scheme rules: the High Court made an Order under section 48 Administration of Justice Act 1985 authorising trustees to apply the scheme rules in a particular way, on the basis it was clearly necessary to read certain words into the scheme rules to make sense of them.

I am not convinced that in the interests of justice, I should breach that confidential relationship at all, not even to review those records myself and certainly not under this new narrow test for document production in our Rules of Court.

It follows that the issue then becomes whether the exemptions under the Court Rules Act can be interpreted so that they are consistent with the common law right of access to civil justice, which is preserved, as the Attorney General submits, by the Court Rules Act.

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

The professional responsibilities of lawyers receiving these funds to improve the justice system under Rule 5.6 should also provide some constraint.

Although the Belgian trade practices legislation has already been under investigation several times and has even been declared incompatible with the Unfair Commercial Practices Directive (Directive 2005 / 29 / EC) by the EU Court of Justice (e.g. Pelckmans Turnhout NV against Walter Van Gastel Balen NV a.o.; WAMO BVBA against JBC NV and Modemakers Fashion NV; VTB - VAB against Total Belgium, and Galatea against Sanoma Magazines), the Belgian legislator nonetheless «maintained» certain strict rules.

Lord Justice Dyson ruled that the fact that there may be cases where incompetence on the part of the CSA causes loss which can not be recovered under the statutory scheme is not a «sufficient reason» to impose a duty of care.

FURTHER ACCOUNT In the Bank Charges Test Case — OFT v Abbey National and others [2008] All ER (D) 349 (Apr)(see NLJ 9 May 2008, p 668)-- Mr Justice Andrew Smith on 22 May 2008 granted the banks permission to appeal his ruling that current terms and conditions for unarranged overdraft charges were susceptible to assessment as to fairness under the Consumer Credit Regulations 1999 (SI 1999/1956).

The expanded powers provided to a summary judgment judge under Rule 20 are also constrained under the Rules to circumstances where it would not be in the «interest of justice» for them to be exercised.

As per the Court's ruling in C - 277 / 11 M.M. v Minister for Justice, Equality and Law Reform and the UN Convention on the Rights of the Child, this will also require ensuring that the child's right to be heard is respected in accordance with their age and maturity and the right to good administration under Article 41 of the Charter.

If you are helping your client conduct on ongoing criminal enterprise, whether or not the crimes are prosecuted by the criminal justice system, the attorney - client privilege you have with your client is probably forfeit should you be placed under a subpoena and your may be violating other ethical rules.