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 its
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 its
justice 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 NGO
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 NGO
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 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 insufficien
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 insufficien
in 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.