Sentences with phrase «justiciability for»
In some countries, however, significant progress has been made on justiciability for ESCR, as in the case of South Africa.
http://www.globaleducationmagazine.com/ Not exact matches
Two prominent and recent adequacy cases — from New York (Campaign for Fiscal Equity v. New York) and Kansas (Montoy v. State)-- show that when courts attempt to overcome the problem of justiciability either they will founder trying to establish what an adequate education actually is or they will retreat to the legally safe but politically dangerous standard of equity.
Given the absence of widespread constraints on the courts from legislators pushing back, it has been up to the courts to work their way through the issue of whether or not these cases are appropriate for court determination («justiciability»).
The first sentence of the provision thus determined the conditions for application of principles, while the second focused on the scope of their justiciability (para 57).
Increasingly, a more liberal approach is being taken to justiciability (see R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2001] QB 1067, [2000] All ER (D) 1675 and R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2006] EWHC 1038 (Admin), [2006] All ER (D) 149 (May).
Benvenisti and Downs describe such rules as «avoidance doctrines», either «doctrines which were specifically devised for such matters, like the act of state doctrine, or general doctrines like standing and justiciability».