Sentences with phrase «of judicial tribunals»

These, of course, include chairs, vice-chairs and members of judicial tribunals (or, to use the more common terminology, adjudicative tribunals); chairs and members of regulatory agencies; members of the bureaucracy; politicians; lawyers, paralegals, and community legal workers with experience in acting for users of the system; academics in the fields of both law and political science; students in either of those fields; and, of course, individuals and business that have experienced the system as «parties» before particular tribunals, or who can anticipate that role in the future.

For the individuals exercising judicial rights - determining functions as members of judicial tribunals, I use the traditional label: «adjudicator.»

A blanket rule would achieve the goal of protecting the perceived impartiality of judicial tribunals but deprive reviewing courts of the potentially valuable perspectives of regulatory tribunals.

Not exact matches

These include statutory rights of appeal, judicial review and scrutiny by independent panels and tribunals, such as the Process Review Panel, the Ombudsman and the Independent Commission Against Corruption.

As Helen Rawlings explains, «the auto de fe was a part - religious, part - judicial ceremony that taught a lesson to all those present, the faithful and the non-faithful, of what the consequences of non-submission might be before the tribunal offaith on earth and its counterpart, the divine court on high.»

This is subject to judicial reasoning as all interpretations are brought before a public tribunal of judgment.

Bordeaux Court Deliberates on Fraud Case Involving More Than 1 Million Bottles of Wine: A Bordeaux judicial tribunal is weighing the fates of eight men accused of trying to pass off more than 1 million bottles of cheap plonk as more expensive Bordeaux from top appellations...

Concerning the history of the separation of powers in Australia, I am aware that the High Court has taken a narrow view of what tribunals can exercise judicial power.

Recall that Wike barely two weeks ago publicly denounced the statement issued by the adviser which described the Supreme Court dismissal of his appeal on relocation of election tribunal to Abuja and the nullification of his election as» judicial gang up» and «Judicial terrorismjudicial gang up» and «Judicial terrorismJudicial terrorism».

Recall some lawyers stage a walk out of the CCT proceedings when Saraki was being tried alleging «judicial rascality» following the refusal of the tribunal to adjourn the trial indefinitely because of the pending appeal before the Supreme Court.

The tribunal, in its ruling, agreed with the argument of Justice Ngwuta that, as a serving Justice of the Supreme Court, he could not be tried in any court or tribunal, except after he had been subjected to the investigatory and disciplinary processes of the National Judicial Council (NJC).

The tribunal held that a judge could not be prosecuted by any court of tribunal until the NJC deals with the allegations against him / he and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her.

He said: «Miss Constance Briscoe, a recorder and fee - paid tribunal judge of the first - tier health, education and social care chamber, has been removed from judicial office without further investigation by the lord chancellor and the lord chief justice following her conviction and sentence for perverting the course of justice.

A common thread runs through the judicial approach to all of these cases: non-compliance with the duty of disclosure may impair the ability of a court or tribunal to do justice between the parties and will not be tolerated.

Robert Rhodes QC on avoiding the risk of judicial review when chairing a disciplinary tribunal

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

The recent announcement by Carswell that its multi-volume print work «Words and Phrases Judicially Defined in Canadian Courts and Tribunals» is available online means that both Westlawecarswell and LexisNexis Quicklaw now offer access to edited extracts of of the meaning of words and phrases as discussed in judicial decisions.

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.

The optimal outcome for investors is if they have the possibility to bring a claim based on an EU FTIA before an investor ‑ state tribunal and before domestic courts, while the optimal outcome for civil society is if investors can not bring an FTIA claim before any of the two judicial avenues; (ii) problems facing the domestic enforcement of ISDS awards; (iii) the need to keep the investment protection standards in the agreements or not.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

The other, which is the focus of this article, is the ability of individuals or corporation to appear before a tribunal or in judicial review proceedings.

First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a claim before an investor - state tribunal; (b) bringing a claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the investor and the host ‑ State.

The Federal Court of Appeal set aside the tribunal's decision and allowed the artists» application for judicial review.

Whatever the outcome it needs to be recognised that policy views of the extent to which courts and tribunals should be able to interfere with business decisions will determine whether any change in the law, judicial or legislative is made.

Para 51 — «the arbitral tribunal... is itself to choose its seat and consequently the law applicable to the procedure governing judicial review of the validity of the award...».

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.

Judges at the ad hoc Tribunals have alternated, through judicial interpretation, between further propagating this influence and seeking to supplant it by reference to the sui generis nature of the ad hoc Tribunals.

We offer broad experience in judicial review challenges before the Administrative Court and other courts and tribunals (including the Competition Appeal Tribunal, the Information Tribunal and the Court of First Instance as well as the European Courts).

We regularly act in references to the Court of Justice of the European Union, as well as in the UK courts and tribunals when EU law issues arise — for instance in judicial review claims, tax and social security tribunals, employment tribunals and damages actions.

Rule 9.100 of the Florida Rules of Appellate Procedure states that a party may file a petition for writ of prohibition in an appellate court to prevent a lower tribunal from the improper use of judicial power.

A judicial review is a court action in which a judge reviews the decision of a tribunal or other legal decision - maker for serious errors or unfairness.

If you think that the Legal Services Commission has let you down, the Presidency of the Social Security and Child Support Appeal Tribunals is up for grabs from next April at # 129,900 per annum so long as you have had judicial experience in a salaried or fee paid capacity.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

[2] Elizabeth Bernard is the protagonist in a legal odyssey which has found its way through three administrative tribunal proceedings, two rounds of judicial review in the Federal Court of Appeal and now an appeal to this Court.

The Attorney General of Canada applied for judicial review at the Federal Court regarding the tribunal's jurisdiction to award legal costs.

According to the latest judicial diversity statistics, more than half of all judges in courts and tribunals under 40 years of age are women (55 %).

Before arriving at this conclusion, the CJEU started its analysis under Article 47 of the Charter (which provides that «everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law») and its related principle of effective judicial protection (paras 77 - 78 (references derive from the Kendrion judgment)-RRB-.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

In the last three years the Office of Judicial Complaints (OJC) received 5,407 complaints about misconduct (rather than corruption), though this does not represent all complaints made against the 3,600 judges, 7,000 tribunal members and 29,000 magistrates.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

ILEX fellows have been eligible to apply for selected judicial roles since November 2008, as a result of changes brought about by the Tribunals, Courts and Enforcement Act 2007.

The newly enriched requirement of «effective judicial protection», it turns out, demands nothing more or less than to having «courts and tribunals» in the sense that that concept has been defined in qualifying bodies entitled to send preliminary references to the Court.

Currently, each of these boards and judicial tribunals operates independently from the others and establishes its own policies and procedures.

The scrapping of employment tribunal fees has been described as the «most significant judicial intervention in the history of British employment law» — a statement I would agree with; it's going to make a huge difference and employers need to be prepared.

The Presidents of the Employment Tribunals in England and Wales and Scotland judicial consultation seeks views on the proposed revised bands for compensation to injury to feelings in discrimination claims, as outlined above.

This case raises challenging questions about the proper constitutional role of courts, their appropriate function on judicial review, and the relationship between administrative tribunals and the judiciary.

However, in Ferreira da Silva the Court also notes that «the question as to how the concept of a «transfer of a business» should be interpreted has given rise to a great deal of uncertainty on the part of many national courts and tribunals» which «shows not only that there are difficulties of interpretation, but also that there is a risk of divergences in judicial decisions within the European Union» (paragraph 43).

22 To say that tribunals span the divide between the executive and the judicial branches of government is not to imply that there are only two types of tribunals — those that are quasi-judicial and require the full panoply of procedural protections, and those that are quasi-executive and require much less.

He has experience in the Federal Court acting on behalf of tribunals in judicial review applications.

The whole system is undermined if disputes could be removed from the EU judicial system by taking them to arbitral tribunals, which do not form part of the EU judicial system and consequently can not ask preliminary questions to the CJEU (paras 50 - 52).