Sentences with phrase «procedure on judicial review»

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.

The procedural provisions of the Freedom of Information and Protection of Privacy Act apply to the Commissioner, not the courts which are bound rather by the legislation governing their procedures on judicial review.

Not exact matches

This proposal was previously rejected by Labour's procedure committee against legal advice on how to make the process robust against judicial review.

To be honest, I had no experience in bringing a Judicial Review prior to taking this on, let alone Supreme Court practice and procedure!

Any order of the Oklahoma Supreme Court modifying or repealing any provision of the Code of Judicial Conduct as it exists on the effective date of this act, or enacting a revision to the Code of Judicial Conduct as it exists on the effective date of this act, shall be submitted to the Legislature for its review as and in the manner that agency rules are submitted pursuant to the provisions of the Administrative Procedures Act.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

However, one may question whether the EFTA Court is not going very far here in reviewing the appropriateness of domestic judicial decisions in a field where EEA law expressly gives discretion to EEA EFTA States — in deliberate contrast to the constraints imposed on EU Member States under the preliminary reference procedure.

He went on to say (obiter) that he considered that the suspension procedure complied with the provisions of Art 6 because Malik had the ability to seek relief by way of judicial review.

Address to the Joint OFL / ONIWG Conference focuses on major problems in Ontario's system: experience rating; OH&S inspection; role of doctors, objective medical evidence and statistics in legal decisionmaking; actuaries; claims procedures — and whether judicial review, Charter are effective legal remedies.

In this area, the book charts the increasingly significant impact of human rights claims on core features of the judicial review procedure, and the pressure such claims have placed on (what remains of) the procedural distinction between public and private law.

A refusal by a senior immigration judge to order reconsideration of a case by a panel of the Asylum and Immigration Tribunal can therefore only be reviewed under the statutory review procedure by a High Court judge, whose decision on the review is final, and judicial review of the refusal to order reconsideration is not available.

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

RECO countered by asking the court to reject Luzak's appeal, on the grounds that the council had not exercised a «statutory power of decision» as determined by the Statutory Powers Procedures Act and therefore was not subject to the court's judicial review.