Sentences with phrase «on judicial review in»

In other words, if you receive a 24 - hour driving prohibition for drugs your only recourse is a full - on judicial review in BC Supreme Court.
An update at the end of this article says that the House of Lords defeated the proposed amendments on judicial review in three separate votes.

Not exact matches

While judicial review still occurs in many of the Fed's regulatory determinations, in places where value judgments are of the most consequence, the Fed's lawyer is the first and last word on what the law allows or forbids.
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.
In normal times the people may be content with representation and constitutional judicial review, while they largely focus on private affairs; while at times of what Bruce Ackerman calls constitutional politics the level of civic action may become extraordinary (Ackerman, 1991).
An appeal on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».
Commenting on the judicial review on the indexation of public sector pensions, Christine Blower, General Secretary of the National Union of Teachers, the largest teachers» union, said: «The NUT, along with other unions, is challenging the Government in a judicial review at the High Court.
There has been some careless talk in recent days suggesting the attack on judicial review has been overhyped and that it will actually have a modest effect.
This kind of landmark judicial pronouncement is understandably rare in every jurisdiction not excluding the most advanced democracies for the obvious reason that it has always been considered prudent for the preservation of the state, democracy and the peace to ensure that proactive mechanisms are put in place before, during and after voting day to deliver credible electoral outcomes rather than rely on costly post electoral judicial reviews.
Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.
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.
Finally, the costs protection currently on offer will be withdrawn in most cases, exposing anyone bringing judicial review proceedings to swingeing costs if they lose.
Top of the pops this week was a piece on the Liberal Democrat decision to support the Conservatives in dismantling judicial review.
More recently, Parliament promised in the European Union Act 2011 to hold a referendum on any law that increased the competencies of the EU and put in place mechanics for holding itself accountable through judicial review.
Standing on the Bronx shoreline in Barretto Point Park, with Rikers Island directly behind him, Massey proposed criminal justice reforms including a «comprehensive review of sentencing guidelines and judicial practices that particularly disadvantage black and hispanic New Yorkers.»
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.
In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human RightIn March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rightin the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rightin tuition fees breached the European Convention on Human Rights.
Read the previous press release, «Full judgement published in Richmond Catholic schools judicial review»: http://humanism.org.uk/2012/12/14/full-judgement-published-in-richmond-catholic-schools-judicial-review/ Read the previous press release, «Vince Cable accuses Michael Gove's officials of breaking Coalition Agreement on «faith» school admissions»: http://www.humanism.org.uk/news/view/1150 A survey by the Accord Coalition published on 12 November found that 73 % of respondents agreed or strongly agreed that «state funded schools should not be allowed to select or discriminate against prospective pupils on religious grounds in their admissions policy», while only 18 % disagreed.
«Ministers are planning a new assault on what they condemn as the «growth industry» of time - wasting judicial reviews in the courts.
While accepting that the union had behaved properly in seeking a judicial review, Judge Mitting ruled that the court could not place a legal demand on the government to consult over its plans.
Judges declared void the result of the general election in Oldham East and Saddleworth, and the man who was elected as Labour MP, Phil Woolas, is awaiting the result of the judicial review he sought on the matter.
Erie County Legislator Joseph Lorigo sent a letter on Jan. 16, 2013 to Chairwoman Betty Jean Grant requesting that the Legislature hold a special session to act on his resolution that requests Erie County Clerk Christopher L. Jacobs withhold the names of pistol permit holders in Erie County from public release until the New York State Judicial System thoroughly reviews and rules on freedom of information requests pertaining to gun permit holders.
[54] Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010.
Part of the reason support for Ling - Cohan was so fervent is because the vaunted panel review process was so flawed and anonymous attacks on her in the press were so vicious, starting in the New York Post but repeated uncritically by other outlets, requoting the Post «source» — allegedly from the panel but possibly a self - interested operative for another judicial candidate — who called her «slow» and «lazy,» when even a cursory check of court records shows her output to be above average.
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).
«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.
Campaign group Comprehensive Future had previously said it was seeking advice on the feasibility of a judicial review of the decision in the High Court, but has delayed plans due to a lack of information.
Margaret Tulloch of Comprehensive Future, a group which campaigns for equality of opportunity in education, confirmed they were taking advice on the feasibility of a judicial review of the decision in the High Court.
The judicial review hearing on Tuesday in the high court in London is scheduled to last one day, with a ruling expected within a few months.
New Funding Pressures Next month the state Supreme Judicial Court will review the findings of a Superior Court judge who ruled in May that state funding for education is inadequate in poor districts despite the billions of dollar spent since 1993 on bringing struggling school districts up to a reasonable foundation budget.
Last week, Comprehensive Future, which campaigns for equality of opportunity in education, said the group was taking advice on the feasibility of a judicial review of the Weald of Kent decision in the High Court.
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.
(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.
Before joining DOT, Mr. Bradbury was a litigation partner at Dechert LLP in Washington, D.C., where his practice focused on regulatory enforcement and investigations, rulemaking and judicial review of agency actions, appellate cases, and antitrust matters.
Judicial review is about to meet peer review in a federal courtroom in San Francisco, where sparring cities and fossil fuel companies have been called to brief U.S. District Judge William Alsup this Wednesday on the basics of climate change.
On February 16, 2010, the states of Alabama, Texas, and Virginia and several other parties sought judicial review of EPA's determination in the U.S. Court of Appeals, District of Columbia Circuit.
On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true factOn the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facton the above facts, represents an unchallengeable misrepresentation of the true facts.
Whilst the CAC's decision can not be appealed (though it could be challenged by way of judicial review in the High Court), the legal battle on the «gig economy» riders» status is far from over.
«Those who are reliant on legal aid are most likely to be at the sharp end of the exercise of government power and are least likely to be able to fund judicial review for themselves, or effectively act in person.»
In accordance with Article 7 (2) of Protocol No 2 to the Lisbon Treaty, the Commission must review its proposal when at least a quarter of all votes allocated to national Parliaments [3] reject a legislative proposal submitted on the basis of Article 76 TFEU (i.e., any proposal regarding judicial cooperation in criminal matters) for not being in compliance with the principle of subsidiaritIn accordance with Article 7 (2) of Protocol No 2 to the Lisbon Treaty, the Commission must review its proposal when at least a quarter of all votes allocated to national Parliaments [3] reject a legislative proposal submitted on the basis of Article 76 TFEU (i.e., any proposal regarding judicial cooperation in criminal matters) for not being in compliance with the principle of subsidiaritin criminal matters) for not being in compliance with the principle of subsidiaritin compliance with the principle of subsidiarity.
Speaking in Melbourne, Australia on 8 August 2014 he said: «I pass over the interesting point whether the judiciary could override an outrageous statute, such as one which abolished the right of judicial review
This underlying narrative is reflected in the structure of the book, which begins with the most basic of questions about the nature of judicial review (described as the keys to understanding what the court is doing), before moving on to parameters of judicial review (further dominant themes shaping the law and practice) and grounds for judicial review (public law wrongs justifying the court's intervention).
The proposals were published this week in the SSRB's Consultation on Job Placement, part of its Major Review of the Judicial Salary Structure.
Judicial review is a paper — based process and the applications for interim relief are usually made on paper in the first instance.
The legal test used by the Court to determine the choice of a legal basis (if there are multiple) for the signing and conclusion of international agreements is well known: the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure (the context also matters in relation to international agreements).
Accordingly the book opens with a part on EU Constitutional Law, which ends however with a short chapter on judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Indijudicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of IndiJudicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of IndiJudicial Protection of Individuals.
In part as a response to this criticism, the Member States revised the old article on judicial review by adding a sentence to the paragraph on the locus standi of non-privileged applicants.
In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.
It seems likely on this, that a party bringing a judicial review claim, which had the benefit of a protected costs order, would be able to apply for an interim order without having to give an undertaking in damages.
The Court has often said, indeed for example in this case, that «the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure», also stating that, if there are multiple legal bases, the legislation should be based on the dominant legal basis (if recourse to a dual legal basis is not possible).
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