They are also called to
make substantive decisions about the common good, decisions that may leave a lasting mark on the community, for good or ill.
Of all «resolvable» requests received during Q3 of 2011 (i.e. requests where it was possible to
make a substantive decision on whether to release the information being sought), 56 per cent were granted in full.
Every layer of educational bureaucracy should infuse students as well, positioning in them in powerful roles that effect not only individual students, but all students; not as recipients, but as active partners who design, implement, critically assess, and
make substantive decisions about the education system as a whole.
Not exact matches
With the FIA
decision the Department
made a
substantive and irrevocable change to the proposed Rule without any impact analysis or due process for comment on that change.
Christians may also he attracted to an approach advanced by former Harvard professor John Hart Ely who argues that courts should not themselves choose
substantive constitutional values, but should issue rulings that keep the processes of political debate and
decision -
making open to all.
If changes are a
substantive deviation from the current systems, the Rainforest Alliance Leadership Team members are involved in the ultimate
decision -
making process, taking into consideration feedback from internal and external sources.
The NCAA when hamstrung by red tape has its share of issues, but given the
decision -
making in the past, the idea of the NCAA and schools riding a rocket docket toward
substantive change seems fraught with peril as well.
What is clear is that to address political inequality — which is a precondition to achieving the broader goals raised by the Great Charter Convention — we must restore
substantive democratic power over how our political and economic institutions are organised, thereby better enabling individuals to come together to
make collective
decisions that shape their lives, communities and workplaces.
To illustrate how
substantive policy choices underlie technocratic - sounding budgetary
decisions, consider, for example, a
decision to cut back on NIH training grants,
making them available only in fields with a shortage of researchers.433 This approach may seem like a neutral way to decide how to allocate a limited sum of money.
Problem solving and
decision making are dominated by
substantive, strategic, and institutional uncertainties.
It was asserted that if there was to be an internal complaints process, as was the case with Ofsted, the complainant should be afforded the opportunity to
make a
substantive challenge with the possibility of having the
decision changed, if appropriate.
There is a very fine line between offering sufficient guidance for teachers and districts to undertake
substantive change, and being prescriptive in ways that work against teacher learning,
decision -
making, and flexibility.
For example, she reports that some School - Based
Decision -
Making Councils get so caught up in developing their bylaws and modifying them «to fit some nuance of administrivia» that they spend more time engaged in «ceremonial debate» than «
substantive discussion.»
Findings show year - to - year correlations in teacher effects are modest, but pre-tenure estimates of teacher job performance do predict estimated post-tenure performance in both math and reading, and would therefore seem to be a reasonable metric to use as a factor in
making substantive teacher selection
decisions.
The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise
making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing
decisions for consideration and adoption by agency officials.
Everything I attended this week, except the last day and evening, was a distraction from the
decisions that need to be
made to achieve a
substantive and legally binding agreement to eliminate the emissions of climate - changing greenhouse gases.
Yet Benjamin's conclusion rests on an assumption that humans are still
making substantive editorial
decisions into the algorithm process, and with the next generation of machine learning and artificial intelligence we are already seeing that this is not necessarily the case.
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.
However, the PO did not ask them to reconsider the
substantive decision in relation to the grant of IHER as the flaw in the
decision -
making had been rectified in the stage 2
decision under the Internal Dispute Resolution Procedure in place.
Within the next 20 years, provincial ombudsman offices came into being in Canada and began responding to complaints about instances where those good
substantive decisions were not being
made — but something else was happening too.
Making distinctions like this between categories of
decision - maker in
substantive judicial review is, in my opinion, a step in the wrong direction.
It offers speed, expertise, neutrality and finality of
decision making to foreign investors and host countries, but does not provide
substantive rights.
The classic case is that of Anisminic v Foreign Compensation Commission in which the House of Lords
made it plain that errors of process and
substantive errors that failed to match administrative law standards were reviewable notwithstanding a privative clause in the statute that conferred the
decision -
making power under challenge.
Stating that administrative
decision - makers such as the FOIP Commissioner are entitled to alter precedents or completely depart from an earlier interpretation of legislation — as Justice Manderscheid states here (at para 84)-- was perhaps tenable in a legal system that did not employ a strong presumption of deference to
substantive legal findings
made by these persons.
The curriculum focuses on the legal system, dispute resolution, legal research and writing, legal reasoning and analysis, ethical
decision making, jurisprudence, legal history, and
substantive areas of law.
While a tribunal's
substantive decision -
making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach
decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).
In this case, the mother was successful at trial and the
decision matched the
substantive content of her offer to settle, whereas the father did not
make an offer to settle at all.
Our services include: • Planning, conducting, and managing impartial workplace investigations that provide clients with
substantive fact - finding reports to allow them to
make effective and informed
decisions • Providing guidance to support compliance with laws involving and impacting workplace investigations.
It thus prevents consideration of material so that, in the normal course, it plays no part in the
substantive decision making in the judicial process.
To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in
making decisions that were hard to justify on either procedural or
substantive grounds.
The
Decision - maker has authority to
make binding determinations to implement or clarify the provisions of an existing Court order consistent with the
substantive intent of the Court Order.
[91] At the same time, increased procedural and
substantive decision -
making was assigned to justices of the peace.
In this paper we... evaluate all
substantive decisions rendered by any court in every patent case filed in 2008 and 2009 —
decisions made between 2009 and 2013.
The result for standard of review analysis is that the presumption of deference to
substantive decisions made by statutory tribunals should be alive and well in Alberta, but it should be noted there is a growing resistance to the presumption not only at the Alberta Court of Appeal but also within the Supreme Court of Canada.
However, the Outer House
decision focussed on the flawed
decision making process as opposed to the
substantive conclusion reached by prison authorities.
That stunning reversal of fortune indicates that whatever bases the board was using to
make its
decisions,
substantive merit was not foremost among them.
Law practice management software allows lawyers to increase their efficiency in
substantive practice, combines useful business tools into a single repository, and provides attorneys the space and freedom they need to
make more coherent business
decisions.
Practice and Procedure Before Administrative Tribunals: This unique guide on administrative agencies and how they operate provides in - depth analysis of
substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative
decision -
making and agency operation.
There was nothing
substantive enough to be helpful in
making a
decision.
Legal custody refers to the
decision -
making right and responsibility regarding
substantive issues like education, religion, and non-emergency medical care.
'' [Potential child advocates] could perform a public function by lobbying for the replacement of the best interest of the child test with a more determinative
substantive rule... as the substituted rule, I suggest the primary caretaker rule, which rewards past care and concern for children and minimizes the role and power of the helping professionals in custody
decision making.
The legal work includes a number of components: Gathering the necessary information to draft the various legal documents that are required in the divorce process; helping the parties
make decisions that comport with the law and that a judge will approve at the final hearing; and serving as the drivers for the
substantive negotiations generally.
The self - determination requirement of mediator ethics appears to
make the nature of the process in each case, as well as the
substantive decisions, dependent upon the consent of the parties.
The divorce mediator provides
substantive information about divorce laws and court procedures, so you can
make reasonable
decisions for yourselves.
Before any
substantive negotiations can take place between native title claimants and non-Indigenous parties under the Native Title Act 1993 (Cth)(NTA), «it is necessary for Indigenous parties to negotiate a framework for Indigenous
decision -
making and conflict management processes in relation to particular local contexts and proposals».
What you do need is
substantive information that can help you
make informed
decisions on Election Day, Nov. 2.
In the public arena, local officials rely on us to provide
substantive research to
make our case for viable and responsible development
decisions.
A study might reveal at least some knowledge or understanding of what is not known by the powers that be who are put in a
substantive role of
making decisions set out to destroy an industry under the guise of helping the common public consumer.