Sentences with phrase «law organizing principle»
Recognizing a duty of honest performance flowing directly from the common law organizing principle of good faith is a modest, incremental step.
http://www.ottawaemploymentlaw.com/ Not exact matches
Gregory Simon, the chief executive of large - scale crowdfunding site Poliwogg, told the Washington Post: «There's another kind of fraud, and that's when Congress and the president pass and sign a law, and thousands of companies organize according to the principles in that law... but academics and people in consumer groups who disagree with the law make it their mission to prevent the law from going into effect.»
The New Patriotic Party (NPP) in Ghana believes in the principles that democratic societies provide individuals with the best conditions for political liberty, personal freedom, equality of opportunity and economic development under the rule of law; and therefore being committed to advancing the social and political values on which democratic societies are founded, including the basic personal freedoms and human rights, as defined in the Universal Declaration of Human Rights; in particular, the right of free speech, organization, assembly and non-violent dissent; the right to free elections and the freedom to organize effective parliamentary opposition to government; the right to a free and independent media; the right to religious belief; equality before the law; and individual opportunity and prosperity.
... not only stressing conceptual understanding of key ideas, but also by continually returning to organizing principles such as place value and the laws of arithmetic to structure those ideas.
Courts of law are organized around that principle.
Willis, I do not know much about the maximization principle of the Constructal Law but I am somewhat reluctant to use notions such as this one or the self organized criticality or the scaling as a postulation, before we explore if these could be derived by other well established physical and mathematical principles.
«Adopting a central organizing principle... means embarking on an all - out effort to use every policy and program, every law and institution... to halt the destruction of the environment.»
The distinguishing exception in LC's approach to classifying Law is that the basic organizing principle is not the subject but the jurisdiction.
Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»
(1) There is a general organizing principle of good faith that underlies many facets of contract law.
«Perhaps the single most important organizing principle in criminal law is the right of an accused not to be forced into assisting in his or her own prosecution: M. Hor, «The Privilege Against Self - Incrimination and Fairness to the Accused», [1993] Singapore J. Legal Stud.
The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.
«We have environmental radicals who are increasingly undermining the rule of law as the basic organizing principle of Canadian society...»
In this case, given the seriousness of the Charter offending conduct, that the principle against self - incrimination is a general organizing principle of in criminal law and that the applicable decision is not new in impaired driving or motor vehicle investigations, it is something that should have been known by these officer.
[69] The approach of recognizing an overarching organizing principle but accepting the existing law as the primary guide to future development is appropriate in the development of the doctrine of good faith.
The application of the organizing principle of good faith to particular situations should be developed where the existing law is found to be wanting and where the development may occur incrementally in a way that is consistent with the structure of the common law of contract and gives due weight to the importance of private ordering and certainty in commercial affairs.
With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court should.
[66] This organizing principle of good faith manifests itself through the existing doctrines about the types of situations and relationships in which the law requires, in certain respects, honest, candid, forthright or reasonable contractual performance.
Contracts: Honest Performance Bhasin v. Hrynew, 2014 SCC 71 (35380) Nov. 13, 2014 «A summary of the principles... (1) There is a general organizing principle of good faith that underlies many facets of contract law.
This is the first Canadian event of its kind and the fact that the conference is organized by the Canadian Bar Association and has both law firm and in - house counsel speakers suggests that the idea of applying project management principles to legal services has broad support and interest across the profession.
On behalf of a unanimous court, Justice Cromwell stated three elements to the new state of contract law in siding with the plaintiff's claim for damages: (1) There is a general organizing principle of good faith that underlies many... Read More
Secondly, the Supreme Court of Canada recently held that good - faith contractual performance is an «organizing principle» of contract law in Canada's common law jurisdictions, but under Quebec law, the duty to act in good faith is statutorily implied in every contract and at every stage of the contractual relationship.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
To help taxpayers understand what the law requires of them, the report further recommends that Congress organize taxpayer responsibilities under the following five principles: (1) obligation to be honest; (2) obligation to be cooperative; (3) obligation to provide accurate information and documents on time; (4) obligation to keep records; and (5) obligation to pay taxes on time.