Sentences with phrase «procedural justice in»

The operational definition of procedural justice in this study is as follows: retailers» perceptions of the justice of procedures and processes undertaken by suppliers.
A court user's experience of procedural justice in this social or psychological sense can be enhanced by the use of humour.
Procedural justice in the context of civil commitment A critique of Tylers analysis.

Not exact matches

If copies of the book start to appear in the Justice Department and on law school syllabi, Eisinger could spark important debate about why — at a time when so many people struggle to obtain basic procedural rights in the criminal justice system — white - collar defendants manage to consistently evade itsJustice Department and on law school syllabi, Eisinger could spark important debate about why — at a time when so many people struggle to obtain basic procedural rights in the criminal justice system — white - collar defendants manage to consistently evade itsjustice system — white - collar defendants manage to consistently evade its grasp.
According to the standards of procedural justice, which calls for treating similar cases in a similar fashion, nations should not be selective in implementing trade rules but should simply let mutually agreed - upon processes and procedures run their course.
That, in fact, in many places, the operations of transnational capital — far from extending access to property, creating general prosperity, promoting democratic institutions, or advancing the causes of law and justice — destroy functioning local economies and communities, sustain and deepen poverty among those capital reduces to the commodity of cheap labor, exploit unjust labor systems, support despotisms, take advantage of conditions in regions too poor to impose or enforce environmental protections (for their ecosystems or their peoples), and are often complicit in the procedural abuse of persons who can hope for no legal redress?
Then there's a third meaning of justice in addition too criminal and procedural.
Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) «Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $ 10 million in respect of any of the alleged contraventions.»
The second question is related to the above: a «free market» baseline of justice is about procedure - how outcomes are arrived at, who is involved in making decisions, has rights over their own actions, how actions are agreed by parties etc. (or something like that) whereas equality is an outcome, that may or may not be achieved under various procedural arrangements, and may or may not be viewed as desirable by people who hold different views about what forms of society - specifications over who has what rights to do what to who.
But in his ruling, Justice Tsoho held that Falana's argument had not shifted the court's earlier position in its ruling delivered on April 28, to the effect that the constitutional rights of the interested parties to be heard by the appeal court outweighed the procedural requirements the SAN was relying on.
A spokesperson for Justice said: «We will be concerned to ensure during the passage of the Bill that proper safeguards will be in place to protect procedural rights under Articles 5 and 6 ECHR.
Troopers don't receive the same rigorous training in implicit bias, urban policing and procedural justice as Albany police, she said.
In most TV series, the apocalyptic violence that befalls person after person would be cause for grim discussion or simply seeking out justice in a crime procedural (a la «CSI» or «Law & Order»In most TV series, the apocalyptic violence that befalls person after person would be cause for grim discussion or simply seeking out justice in a crime procedural (a la «CSI» or «Law & Order»in a crime procedural (a la «CSI» or «Law & Order»).
«Thought - provoking... Amid the procedural aspects of the case, vivid descriptions of Venice, and interludes with Brunetti's pesky superior, Leon offers intelligent reflections on the fallout that can harm both innocent and guilty in the quest for justice
This question is designed to expose the ethical duty entailed by procedural justice to obtain consensus from those who will be harmed by any delay in taking action on the basis of uncertainty when delay will likely increase the harms to those most vulnerable to the dangerous behavior.
This question is designed to expose the ethical duty entailed by procedural justice to obtain consensus about waiting until uncertainties are resolved before taking action from those who will be harmed by any delay in taking action on the basis of uncertainty when delay will most likely increase the harms to those who are most vulnerable.
Because carbon trading design has distributive justice implications, those whose interests may be affected by design considerations have procedural justice rights to participate in decisions on trading design.
Because any additional warming from current levels could have serious consequences to those most vulnerable to climate change, those who are most vulnerable should have as a matter of procedural justice rights to consent to put at risk by the additional 2 °C goal adopted in the Accord.
who has a right to participate in climate change policy - making, a topic usually referred to under the topic of procedural justice,
Procedural justice therefore requires that the REDD process be participatory and transparent and equitable in terms of how burdens and benefits are distributed.
These issues include: (a) the need to determine when the obligation of any nation is triggered, (b) difficulties in determining which adaptation and compensation needs are attributable to human - induced warming versus natural variability, (c) challenges in allocating responsibilities among all nations that have emitted ghg above their fair share of safe global emissions, (e) challenges in prioritizing limited funds among all adaptation and compensation needs, (f) needs to set funding priorities in consultation with those who are vulnerable to climate change impacts as a matter of procedural justice, and (e) the need to consider the capacity of some nations to fund adaptation and compensation needs.
As you know, legal maneuvering and the usual procedural folderol of the sclerotic US «justice» system has delayed my efforts to get Mann deposed, discovered, and for the first time in his life up on the witness stand, testifying about the «hockey stick» under oath.
In effect, the ECJ was thus faced with a dilemma between, on the one hand, ensuring a high level of environmental protection and wide access to justice and, on the other, ensuring expediency of decision - making and autonomy of national procedural law.
(It is a fair assumption that Chief Justice John G. Roberts, Jr., was not in favor of rehearing; in an in - chambers order he issued on an earlier procedural matter in the detainees cases [applications 06A1001 and 06A1002] on April 26, Roberts opined that «possible court action» in the D.C. Circuit Court would not be enough to justify a grant of review in the face of the April 2 denial.)
In a significant win for access to justice in environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmental NGOIn a significant win for access to justice in environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmental NGOin environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmental NGOs.
The fact that the majority of Canadians can not afford to seek justice through the current system is a problem which far outstrips in magnitude concerns about maximizing procedural and due process protections for those litigants who are presently able to access the system.
A fundamental principle of natural justice / procedural fairness is that an applicant should have knowledge of the case against them, especially in the context of receiving reasons for refusal.
This Directive is one of the so - called Roadmap Directives, the latest attempt of the EU to increase the mutual trust between Member States (MS) in the field of criminal justice, by establishing EU minimum rules for procedural safeguards.
-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.
The Roadmap Directives are the latest attempt of the EU to increase the mutual trust between Member States (MS) in the field of criminal justice, by establishing EU minimum rules for procedural safeguards.
In a speech to senior legal figures to mark the opening of the new law term, Mr Justice Clarke said there was little doubt «that at least some aspects of our civil procedural model are beyond their sell - by dates», noting that many of the rules of court date to 1870.
Amici are in a position to assist the court by ensuring that complex matters do not get bogged down with procedural problems, and that the broader goals of justice are met».
The Bill represents a step backwards in Canadian justice reform, which threatens to erode individual rights and procedural safeguards, slow down the Court system, and shield police officers from cross-examination on their actions.
Through its work, LSNJ strives to secure substantive and procedural justice for those living in poverty.
Refugee claimants who arrive in Canada from DCO countries will be rushed through the refugee claim process, deprived of important procedural protections, and denied fundamental justice.
In order to obtain disclosure and procedural rights in such cases, Justice Myers indicated that bald allegations of lack of testamentary capacity and undue influence are insufficienIn order to obtain disclosure and procedural rights in such cases, Justice Myers indicated that bald allegations of lack of testamentary capacity and undue influence are insufficienin such cases, Justice Myers indicated that bald allegations of lack of testamentary capacity and undue influence are insufficient.
I suspect that the real heavy lifting in enhancing access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law issues (something that actually already exists in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a family law trial), and so on.
In a strongly worded dissent, Justice Michael Moldaver, also writing for Justice Suzanne Côté, found that «the majority has departed from the functional approach of threshold reliability by unduly restricting the extrinsic evidence that a jury could can consider when assessing a statement's substantive reliability and by adopting a narrow view of the procedural safeguards available at trial than can equip the jury with the tools it needs to assess the ultimate reliability of a statement.»
The journeys to justice (formal and informal justice) in this area are evaluated low when it comes to price (its too expensive), voice, respect, stress and emotions, procedural clarity and damage restoration.
In terms of procedural fairness, the conduct of the Tribunal «must be sufficiently serious to offend our most basic notions of morality and justice» and judicial intervention is only warranted when «the Tribunal's conduct is so serious that it can not be condoned under the law of the enforcing State» (para 65).
Do you remember the moment that you realized that the real power of law doesn't often come glamorously packaged as a rousing argument to the jury or a heartfelt plea for justice, but rather in the somewhat mundane, nuts and bolts form of a dull procedural argument, or an overlooked scrap of evidence?
The procedural safeguards regarding voluntariness would not apply, and in this case, as well, the officer at all times acted in good faith, and I would find that a refusal to admit the actus reus under all the circumstances of this case could well bring the administration of justice into disrepute.
Until such time as there arises a consistent body of case law addressing the issue of costs in response to sharp lawyering conducted against a self - represented litigant, an increasing number of self - represented parties in our legal system will remain vulnerable to procedural abuse and an overall miscarriage of justice.
The phrase «principles of fundamental justice» had been borrowed directly from section 2 (e) of the Canadian Bill of Rights, Canada's proto - Charter enacted in 1960, and had been interpreted by the Supreme Court to mean that everyone was entitled to a fair hearing before an impartial tribunal.29 Put another way, fundamental justice incorporated a procedural guarantee synonymous with «natural justice,» meaning that the state may certainly deprive an individual of life, liberty or security of the person, but only if procedural safeguards have first been met.
Examinations of Procedural Justice and Treatment Satisfaction in Veterans Treatment Court - Richard Hartley, University of Texas at San Antonio; Julie Baldwin, Missouri State University
Neither a procedural rule (see per Lord Justice Buxton in in Jaffray & Ors (above) at para [7]- [9]-RRB- nor a practice direction can change the law.
Canadian Supreme Court Justices Wilson and Cory emphasized the significance of the treatment in a 1990 case about whether solitary is a «true penal [consequence]» sufficient to attract criminal procedural protections under the Charter.
It would strike me as most odd if, for example, any such case which is brought in accordance with the applicable procedural rules should be denied the opportunity to refer a preliminary preference to the Court of Justice, for example.
(«Natural justice» is another term in the common law for procedural fairness.)
Under the lex loci delicti approach to tort conflicts used today in Canada and a minority of U.S. states, courts have often sought to avoid rigid application of the law of the «place of the wrong» through various escape devices implicating procedural, public policy or justice concerns.
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