Sentences with phrase «of general application»

It states that no one may be deprived of property, except in terms of law of general application, and no law may permit arbitrary deprivation of property.

By contrast, any other measure of general application that does not entail implementing measures (e.g. a Commission Regulation) can now be challenged by applicants that can demonstrate to be directly concerned.

All information provided is intended to be of general application only and not specific to any particular person.

(ii) against certain acts of general application, namely regulatory acts which are of direct concern to them and do not entail implementing measures.

-- The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking under rules of general application permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to others of like qualifications, under like circumstances and conditions.

Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land.

the meaning of «regulatory act» for the purposes of the fourth paragraph of Article 263 TFEU must be understood as covering all acts of general application apart from legislative acts.

This post will look at a much more controversial issue: the role of provincial laws of general application in relation to the Aboriginal and Treaty Rights recognized under section 35 of the Constitution Act, 1982.

Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

She concludes therefore that «the legal remedies available to individuals against European Union acts of general application do not necessarily always have to consist in a direct remedy before the European Union Courts.»

This guidance is primarily intended for those who may be unfamiliar with the feeing practices of the Scottish Bar, such as English Solicitors instructing Scottish counsel in Employment matters, but is also of general application.

(i) against a legislative or regulatory act of general application which is of direct and individual concern to them and

[109] The court also further elaborated that interjurisdictional immunity is not an appropriate analysis to determine whether provincial legislation of general application infringes Aboriginal rights: [The Court quoted at paras 140 — 144].

If that is the case, there is no basis for finding a «double aspect,» and section 5 (1)(c) of CEAA 2012 (at least portions and perhaps all of it), and related provisions which permit conditions to be set on Provincially - controlled resource developments, cross that outer limit; and the power they grant to the Federal Government to assess environmental effects and place conditions on air quality and other matters of general application is Constitutionally invalid.

First, «regulatory acts» as interpreted by the CJEU in Inuit encompass «acts of general application other than legislative acts».

The provincial law of general application at issue in Sechelt was the Manufactured Home Park Tenancy Act, SBC 2002, c. 77.

identification of priority cases for trial that could act as lead cases for a region by resolving legal questions or factual issues of general application.

However, the CJEU considered a claim for damages brought against the European Union pursuant to Articles 268 and 340 (2) TFEU an effective remedy of general application for asserting and penalising such a breach, «since such a claim can cover all the situations where a reasonable period of time has been exceeded in proceedings» (para 93).

«that article now lays down a single procedure of general application concerning the negotiation and conclusion of international agreements which the European Union is competent to conclude in the fields of its activity, including the CFSP, except where the Treaties lay down special procedures.»

The finding that provisions of general application are a priori not precluded from the jurisdiction of the Court despite the «special status» of the CFSP may have more wide - ranging consequences in the future, and should therefore be closely watched.

A provincial government must justify any law of general application where a limitation imposed is unreasonable; where the legislation imposes an undue hardship, or where the legislation «denies the holders of the right their preferred means of exercising the right».

And neither defenses specific to statutory rape nor defenses of general application satisfactorily preclude liability.

In concurring minority reasons, Justice Pelletier decided the case more narrowly and held that the duty to consult is not triggered by «legislation of general application whose effects are not specific to particular Aboriginal groups or to the territories in which they have or claim an interest», preferring to leave open the argument to another day about whether certain legislation of more limited application could trigger the duty to consult.

[105] It may be predicted that laws and regulations of general application aimed at protecting the environment or assuring the continued health of the forests of British Columbia will usually be reasonable, not impose an undue hardship either directly or indirectly, and not interfere with the Aboriginal group's preferred method of exercising their right.

The Chief Justice clarified that provincial laws of general application continue in force over the Aboriginal title lands unless limited by s. 35 of the Constitution Act, 1982 or by the federal power to legislate in respect of Indians and lands reserved for Indians under s. 91 (24) of the Constitution Act, 1867 [paras. 102 - 103]:

[104] This Court suggested in Sparrow that the following factors will be relevant in determining whether a law of general application results in a meaningful diminution of an Aboriginal right, giving rise to breach: (1) whether the limitation imposed by the legislation is unreasonable; (2) whether the legislation imposes undue hardship; and (3) whether the legislation denies the holders of the right their preferred means of exercising the right (at p. 1112).

What if the LSUC introduced an «accreditation code» — a rule of general application on the accreditation of law schools — which engaged Charter rights?

This is all but certain to be the case in the not - so - distant future where research tools applied to law are powerful systems of general application that, among many other domains, can also dissect legal information.

If the ABCA was correct in taking the last sentence of para. 87 of Walker Estate to be a statement of general application — I'll quote it again --

Our federal resume writers are carefully selected to ensure that they are knowledgeable of the general application process for federal jobs, the structure of the USAJOBS website, the elements of a vacancy announcement, and TopResume's resume - writing standards.

The tenants and the Attorney General relied on section 88 of the Indian Act, which provides that provincial laws of general application apply to and in respect of Indians in the province except to the extent those laws are inconsistent with the Indian Act.

The United Kingdom had also argued that articles 290 and 291 TFEU only permit delegation of powers to the Commission, and that therefore the legislature can not delegate powers to adopt measures of general application to agencies.

The Advocate General considers that regulatory acts are all acts of general application apart from legislative acts.

«the requirement under s. 1 that a limit be «prescribed by law» has been held by this Court to apply to norms where «their adoption is authorized by statute, they are binding rules of general application, and they are sufficiently accessible and precise to those to whom they apply»

This list does not touch on reforms to laws of general application which will also impact on Indigenous peoples - such as reforms to workplace relations legislation governing conditions of work and bargaining power, and changes to telecommunications in rural and remote communities to name but two.

The Court also rejected the Province's arguments that the duty to consult was not triggered because the effects on Treaty rights were speculative and because the interpretation of the legislation was a matter of general application and not a strategic, high level decision that would trigger the duty to consult.

The comments here lead me to believe that the Florida and Alaska trials were focused on particular areas and not of general application.