Sentences with phrase «make judicial review»

Not exact matches

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

And in the crisis, emergency decisions were made that have been effectively removed from judicial review, including violations of state corporate law and issues raised by the Constitution.

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Before releasing the emails, the State Department will go through and review to find which emails are specifically work - related and make sure no releases would be duplicates from those released in response to Judicial Watch's Freedom of Information Act request.

Second, judicial review under the Constitution makes possible the entry of natural law theory into litigation.

It's bringing a judicial review against minister's proposals to make independent schools challenge prejudice against other faiths.

«I inadvertently suggested to you that clause 64 contains a provision for the court to grant permission to proceed with a judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so.

This completely misses the point of judicial review, which is that it is designed to stop bad decision - making.

Let's remember the roll call of shame - cuts to legal aid, curtailing judicial review, attacks on human rights legislation, making freedom of information request more difficult and legislating for the loathed gagging bill amount to a substantial onslaught on free speech, campaigning and democracy.

What we asking the Attorney General to do is to review its position on this matter, it may too late in a few weeks time and we will not forgive him if he goes to make a mockery of the Ghanaian judicial system at the African Court of Human and People's Rights.

Even if you can afford a judicial review, reforms will make it easier for public bodies to escape a full examination of whether or not they behaved in accordance with law.

Perhaps the minister should look at the quality of decision - making in his own department and its agencies before seeking to limit judicial review.

So why is Grayling trying to make it all but impossible for anyone except the very rich to bring judicial review cases in future?

Judicial review underpins the rule of law and is central to our constitutional make - up, in which parliament sets out the laws, public bodies implement them and courts make sure that this implementation complies with the law.

The original judgment, which was made public at an Upper Tribunal hearing in May this year, was the result of a Judicial Review brought by two anonymous claimants with mental health problems.

That judicial review will be more difficult in future, because Grayling has acted to make it next to impossible for the individual to challenge the state in court.

This proposal was previously rejected by Labour's procedure committee against legal advice on how to make the process robust against judicial review.

On Tuesday, the Board of Elections Cover Sheet Review Committee found that the Bronx Democrats had made errors of three volumes of petitions involving judicial delegates:

They did it on judicial review, in which Grayling made up all sorts of nonsense to justify an attack on citizens» rights to challenge authorities in the courts.

Grayling made a second compromise on a Lords defeat, this time on the costs of groups helping fund the judicial review.

Health secretary Jeremy Hunt was prevented from making cuts to Lewisham hospital by a judicial review which established he didn't actually have the power to do so.

They certainly weren't essential to the success of the campaign, which instead relied on the hard work of a small but dedicated group and a Judicial Review made possible by legal aid and Leigh Day and Co. solicitors (currently taking on Hunt himself in Lewisham).

Mr Hain, a former Northern Ireland Secretary, made the comments about the handling of a judicial review case by Lord Justice Girvan in 2006.

«The guidance I have issued makes absolutely clear that the recent judicial review will have no impact on what is currently being taught in religious education.

Handing down a judgment on a judicial review brought against education secretary Nicky Morgan by six parents, Mr Justice Warby has ruled that an assertion made when the new GCSE was released in February was likely to lead schools to rely exclusively on the qualification to meet their legal obligations.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

A free school threatened with closure has asked education secretary Nicky Morgan to remove herself from the decision - making process and threatened a judicial review if she remains involved.

A landmark judicial review that was set to shine a light on decisions made behind closed doors by regional schools commissioners has been settled out of court.

Many of these children have been placed in stable, loving homes through the efforts of volunteers from the community who make up the Judicial Citizen Review Board.

Nintendo also tried to introduce legislation to congress via lobbying in the form of the «Computer Software Protection Act» (H.R. 5297) which never made it through the House Judicial review.

Thus, «By the end of the rulemaking, EPA had fully explained all of the choices it made along the path of converting available scientific knowledge about lead toxicology and exposure into a policy - based finding of endangerment from automotive lead emissions sufficient to justify regulation, and allow — and survive — judicial review.»

Undeterred, Friends of the Earth, Solar Century and Home Sun then sought and obtained backing for a legal challenge from High Court Judge Mr Justice Mitting, who said ministers were «proposing to make an unlawful decision» and as a result the court would be «amenable to a judicial review».

It is an achievement made all the more remarkable by the dramatic expansion of the case law in what Lord Bingham has described as the «huge, burgeoning field» of judicial review.

Finally, he brought yet another judicial review application in Ontario to, in the Court's words, «reconsider the surrender decision made by a previous Minister of Justice and confirmed by another Minister of Justice.»

Judicial review is a paper — based process and the applications for interim relief are usually made on paper in the first instance.

The existence of unresolved judicial review proceedings can cause significant problems for a public body even where a party does not make an application for interim relief.

Professors Deakin and Morris make a similar point that «there remains a strong case for reviewing the band of reasonableness given that it is essentially a judicial addition to the statutory formula and arguably one which has done much to limit the effectiveness of the statutory protection provided to employees, no matter how hallowed it has become with the passage of time».

Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»

One is the ability of a decision making body to participate in or commence judicial review proceedings.

In Pason Systems Corp. v. Canada (Commissioner of Patents), 2006 FC 753, the Court allowed a judicial review of a correction made under this section, including on the basis that changes (replacing «increases» with «decreases», among other changes) were not «clerical».

These Court decisions make new law that are precedents in later judicial reviews.

Properly restrained judicial constitutional review accepts the primary law - making responsibility of legislatures by acknowledging the wide ambit of legislative choices available to elected officials».

In addition to these administrative mechanisms, a patient may turn to the courts for judicial review of either the substantive decision (i.e. the decision to cover (or not) a particular medical service) or the process used to make that decision.

The Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».

The deputy principal then made an application to the High Court to review this decision, by way of judicial review (a review procedure for decisions / actions of public bodies).

The parties also irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.»

We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.

The respondents asserted (as characterized by the court) that «the proper function of judicial review is to determine whether the decision itself was reasonable and whether the decision makers had the jurisdiction to make the decision.

Generally, you can only begin a judicial review when the tribunal has made a final decision.