The legal principle
of equality of arms forms part of the right to a fair trial and this lies at the heart of the statutory provisions that have been introduced to ensure that one party is not unfairly disadvantaged due to lack of funding.
Transfer of this level of decision making to central government will, at the very least, expose the government to accusations of undermining the rule of law, the principle
of equality of arms, and the separation of powers.
Rather, what is important is that the heart of the exception is protected, namely the principle
of equality of arms and the sound administration of justice (paras 70 - 72).
Not exact matches
If they can't conform to standards
of equality and non-discrimination, or respecting the liberties
of an individual, then I don't want them... we don't need NCOs or Officers or leaders in our
armed forces to continue to disgrace the uniform.
It also prevents the long
arms of absolute
equality from dabbling in the insignificant groupings and daily» to do's»
of college kids.
In fact, social conservatives in the USA, led by Christian conservatives, have fought or disagreed with religious diversity, religious
equality, abolition
of slavery, Suffrage, desegregation, integrating the
armed forces, Brown v Board
of Education, mixed race marriages, respect and
equality for Jews (not in MY country club!)
«This study supports the positive direction being taken by the expansion
of women's occupations into combat
arms roles, and suggests continued support from the [Department
of Defense] for women seeking occupational
equality in the military setting,» write the authors.
Since the presidential announcement was made during the dark night
of November 9, a call to
arms to protect what has been achieved and what hopes lie in human
equality, eco-consciousness, international relations, and more are erupting across America.
After all, we would argue that being able to read at an advanced level, or having access to a lawyer are far greater advantages than access to a computer and, if such is the case, then the status quo is much more problematic with regard to the
equality of arms principle that is a building block towards access to justice than any well conceived online platform could ever be.
The CJEU separately analyzed three different elements
of the principle
of effective judicial protection: right
of access to a tribunal and principles
of nemo iudex in sua causa (no one can be a judge in his own cause) and
equality of arms.
For these reasons, disclosure
of the relevant documents would have disturbed the
equality of arms between the parties by affecting the Commission's potential position as intervener (para 78).
Firstly, as much as we may pretend otherwise, employment relationships are rarely
arms - length and rarely borne
of equality of bargaining power.
A solicitor instructed by the bereaved family may arrange for appropriate representation at the inquest to ensure that there is an «
equality of arms».
On a serious note, I feel strongly that anyone entering into a legal agreement or dispute should have
equality of arms, which often means having as good a lawyer as the other party.
My aim was, and still is, to create
equality of arms on the part
of the victims.
Moreover, Master Short has said more than once that the «
equality of arms principle» is embodied in the amendments — a principle that suggests a court should not allow a party to spend its way to an advantage.
The biggest difference between acting for a regulator and an individual is
equality of arms and resources.
The Human Rights Campaign Foundation is the educational
arm of America's largest civil rights organization working to achieve
equality for lesbian, gay, bisexual transgender and queer people.
First, the need for publicly financed representation
of families at inquests to ensure
equality of arms.
After all, is not the opportunity for there to be
equality of arms an essential ingredient
of any fair trial?
As matters progressed it became apparent to them that their spouse wasn't being totally candid about the finances, the range
of issues was becoming too much too handle, or their spouse took on top notch lawyers and they felt the need to have
equality of arms.
It was widely hoped that three principal benefits would be derived from the change in the law: (i) that the threat
of costs would be a weapon in the armoury
of the pro bono litigant, thereby establishing
equality of arms; (ii) that all income from successful Pro Bono Costs Orders could be ploughed back into facilitating further pro bono activities; (iii) that the Access to Justice Foundation, which controls the distribution
of all money generated from pro bono costs orders, could develop a nationwide strategic policy on how best to nurture pro bono activities on the basis
of need.
In the wake
of a storm
of critical comments after the publication
of Lord Ouseley's recent report into how black and minority ethnic (BME) solicitors are treated by the profession's regulatory
arm, the Solicitors Regulation Authority (SRA) board is meeting this week to agree a new
equality and diversity strategy.
Review is also important to ensure parity between prosecution and defence rates and to maintain «
equality of arms» between both sides.
By creating a climate
of state controlled
equality, at the «bottom»
of the barrell, no one entity can be allowed rise to exceptionalism without the at -
arm's - length - from - the - elected - representatives» czar - run agency (C.B. in this case) interferring via its biased agenda designed to kill well established, successful enterprises that do not meet «its» definition
of struggling, thus, so - called «efficient», free - market ventures.