Sentences with phrase «on the judicial review of»
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 Individuals.
https://europeanlawblog.eu/
This is a decision on a judicial review of the Government's decision to introduce the Draft Order (it was lodged earlier in the year).
Working with specialist lawyers across our firm in sectors such as energy and environment, we provide high quality, pragmatic advice on the judicial review of planning decisions.
We advise on judicial review of planning decisions in the High Court, Court of Appeal and Supreme Court.
Our specialist team of lawyers advises on judicial review of planning decisions, as well as statutory challenges for claimants and defendants in the High Court, Court of Appeal and Supreme Court.
In this article, the author focuses on the judicial review of «international» arbitral awards.
This high standard of review — higher than reasonableness — was recently confirmed by the B.C. Supreme Court in RM v. the College of Physicians and Surgeons of British Columbia, 2011 BCSC 832, the first decision on a judicial review of an HPRB decision.
I focus in this essay on judicial review of administrative action, looking at the subject «from the inside, trying to make sense of lawyers» reasons and arguments as they are actually presented and defended».
In the end, the court was ruling on a judicial review of an administrative decision, and did not see it as «appropriate in such a case to issue declarations that [religious] rights have been breached,» says Tucker.
Advising a hydropower developer on the judicial review of the Environment Agency's refusal to grant an impoundment licence for a hydropower project.
Advising Great Yarmouth Port Company on the judicial review of the Marine Management Organisation's amendments to a Marine Licence.
Advising Aer Lingus on the judicial review of a decision by the Civil Aviation Authority concerning discriminatory pricing by Heathrow Airport in respect of passenger charges (the decision was withdrawn shortly prior to proceedings being heard).
R (Davey) v Oxfordshire CC [2017] EWHC 354, [2017] EWCA Civ 1308, (2017) 20 CCLR 303 Leading case on judicial review of Care Act decisions and changes to social care budgets / direct payments
I ended up writing a number of articles on judicial review of the IPC and why I thought it had become a problem.
Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.
On 4 December the Supreme People's Court (SPC) issued a news release that its judicial committee had approved a judicial interpretation on judicial review of arbitration in principle, entitled Provisions on Some Issues Related to the Trial of the Judicial Review of Arbitration (Judicial Review of Arbitration Interpretation)(最高人民法院关于审理仲裁司法审查案件若干问题的规定).
The Supreme Court considered that the Crown Court can in the same way operate a closed material procedure on PII grounds on an inter partes application under the CJPA, s 59 (7) and that the High Court can conduct a closed material procedure on judicial review of a magistrate's order for a warrant under PACE, s 8 or a magistrate's order for disclosure or a Crown Court's order under s 59 (7) of the 2001 Act.
This blog reported in late 2014 that Judge Luo Dongchuan, then head of the SPC's # 4 Civil Division, mentioned that a new judicial interpretation on the judicial review of arbitration - related issues will go into the Court's judicial interpretation drafting plan in 2015 and that the SPC intends to reform jurisdiction in judicial review of arbitration issues, to consolidate them in specialized courts.
On judicial review of BCWCAT v Fraser Health at the Supreme Court of British Columbia, the decision was set aside and sent back to the Tribunal, on the basis that the Tribunal ignored the expert evidence that there was no evidence of workplace factors contributing to the incidence of breast cancer.
Not exact matches
Kinder Morgan said it had previously announced a «primarily permitting» strategy for the first half of 2018, focused on advancing the permitting process, rather than spending at full construction levels until it obtained greater clarity on outstanding permits, approvals and judicial reviews.
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.
On the evidence, we must conclude, I think, that this tendency of courts, including the Supreme Court, is the inevitable result of our written Constitution and the power of judicial review.
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.
Read the OSA's decision: https://humanism.org.uk/wp-content/uploads/AD2410The-London-Oratory-Hammersmith-Fulham-28August13.docx Read the BHA's previous press release on the OSA decision: https://humanism.org.uk/2013/08/29/schools-adjudicator-london-oratory-school-must-overhaul-admissions-criteria-after-bha-complaint/ Read the BHA's press release on the threat of judicial review: https://humanism.org.uk/2013/11/05/london-oratory-school-challenges-schools-adjudicators-decision-must-rewrite-admissions-policy/ Read more about the BHA's campaigns work on «faith» schools: http://www.humanism.org.uk/campaigns/religion-and-schools/faith-schools View the BHA's table of types of school with a religious character: http://www.humanism.org.uk/wp-content/uploads/schools-with-a-religious-character.pdf The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity.
Ms Smith constantly gave way to MPs on various aspects of the bill, including compensation for those who are not charged after being held for 28 days, the definition of what constitutes «grave and exceptional» circumstances and why she has avoided judicial review of the decision.
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.
He has a proper understanding of the appropriate tension between the executive and the judiciary and he's got a good record fighting against cuts to citizen's legal powers, such as on judicial review and legal aid.
At the request of a person directly affected by the exercise of a power, a court may conduct a so - called judicial review to determine whether the exercise of a public power on a given occasion is, or is not, within the limits of the power.
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.
«We await the results of the judicial review with interest, but whatever way it goes there will probably be legal challenges either from the side of the communities and organisations who took the review or on behalf of HS2 if it doesn't go their way.
Let's remember the roll call of shame - cuts to legal aid, curtailing judicial review, attacks on human rights legislation, making freedom of information request more difficult and legislating for the loathed gagging bill amount to a substantial onslaught on free speech, campaigning and democracy.
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.
A judicial review of a decision to approve two state - funded, highly selective Catholic schools will be heard at the High Court on 15 and 16 November.
Top of the pops this week was a piece on the Liberal Democrat decision to support the Conservatives in dismantling judicial review.
Lord chancellor's own arguments will be used to limit the damage of his reforms, after final Lords debate on 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.
Fresh from his defeat over the prisoner book ban, it looks like Chris Grayling may be about to give way on at least one aspect of his judicial review attack
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:
Lib Dems privately recognise the deeply illiberal record of the last three years of the coalition, but insist that they were wiser to spend political capital on measures with potentially big public support, like free school meals, rather than matters like legal aid or judicial review, which are completely alien to most people.
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.»
On Tuesday, the Board of Elections Cover Sheet Review Committee found that the Bronx Democrats had made errors of three volumes of petitions involving judicial delegates:
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.
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.
Grayling made a second compromise on a Lords defeat, this time on the costs of groups helping fund the judicial review.
On the one hand it is eager to protect its privileges as a self - governing body, free from the claws of the judiciary, court restraint or judicial review.
The Tory plans to repeal the HRA, together with the restricted access to our courts already brought about by the restriction on judicial review introduced by Gove's predecessor, Chris Grayling, will silence the vulnerable and leave great swaths of executive action unchecked and unaccountable.
Instead of having a purely political process, the Manhattan Democratic Party uses a unique Independent Judicial Screening Panel that reviews candidates based on application.