Sentences with phrase «relies upon principles»

This contrasts with the criminal law which is retrospective and relies upon principles of deterrence.

Not exact matches

There are other aspects of the NGP Report that merit further discussion, including its approach to adaptive management (we now have three different JRP reports in as many years that take different views on the extent to which AM can be relied upon in making a determination as to the likelihood of significant adverse environmental effects under CEAA), the precautionary principle, species at risk and Aboriginal consultation.

The Oliners found, in this group, persons who relied both upon principles of justice and equity, on the one hand, and upon principles of care, on the other.

They constitute a body of principles upon which the lawyer can rely for guidance in many specific situations.»

In these spheres we must rely upon culture and morality — upon principles being in place, and upon habits and institutions that nurture the conscientious observance of such principles.

A nonmoral economic system tends to create a society either of acquisitive or of collective automatons, depending on the principles relied upon to regulate economic behavior.

If we discount appeals that had relevance only when considering the claim that Premise X is meaningless or the claim that Premise X is logically false (i.e., Griffin's appeal to the meaninglessness of «X is a powerless actuality» in the first case and to «the definition of «actual being» in the second case), Griffin's text provides nothing in the way of support for the assertion that the metaphysical principle upon which he is relying is correct.

It does seem that the core of your argument relies upon the conclusion that popular rule trumps democratic principles, an idea that is historically and fundamentally in opposition to every principle of Britishness and the rule of law.

There are two key principles commonly associated with blended learning (which are the «secrets» to its success): students who can share information and work with other students directly in a collaborative setting have a more enriched learning experience, and collaboration between students can be improved upon if group activities rely on information gathered from online resources or lessons.

That is, it relies too much upon math principles, rather than on the principles of justice.

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

In the absence of case law to the contrary ¹, the Terms of Use, copyright law, and fair use law are only legal principles we can rely upon in determining the legality of downloading content from Youtube.

To the contrary of Sedona Canada 2nd, electronic records management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).

NFPA 921 not only dispelled many of the myths fire investigators had long relied upon but marked the beginning of a movement within the profession to apply scientific principles to fire investigations.

Over ten years ago, in Mangold, the ECJ found that non-discrimination on grounds of age constituted a general principle of EU law that could be relied upon directly in disputes between private parties, even before the Equality Directive entered into force.

Likely, any Canadian challenge would similarly rely upon an assortment of legal principles and instruments, both international and domestic, including the Charter.

The Advocate General concludes thus that Article 27 of the Charter can be relied upon in principle in legal proceedings between private parties, or at least not excluded based on Article 51 (1) of the Charter (para 41).

Lawyers are required to make an initial assessment of whether the evidence to be relied upon should be challenged or whether they need to employ their own expert, and yet they most often do so without any knowledge of basic scientific principles or the background science of techniques such as DNA profiling.

The principle difference is that, whilst in divorce proceedings there are five facts upon which you can chose to support your application, when dissolving a civil partnership there are only four, because it is not possible to rely on the other party's adultery, unlike in divorce.

Given the importance of disclosure, the Supreme Court relied on the general principle (relied upon by Briggs LJ in the Court of Appeal) that «fraud unravels all».

In reaching this decision, the Court relied upon foundational principles of employment law which reflect the power imbalance in the relationship between employee and employer and hence the need to interpret protective legislation in a remedial and liberal fashion.

On the basis of the principles of statutory interpretation and the lack of clarity, it would appear sensible that current jurisprudence will be relied upon to deny the deductibility of employer - paid benefits.

57 of them, including 19 Queen's Counsel, say the proposals «represent a departure from the foundational principle of natural justice that all parties are entitled to see and challenge all the evidence relied upon before the court and to combat that evidence by calling evidence of their own.»

The Court relied upon the well - established principle that senior managerial employees who hold positions of trust will be held to a higher standard than other employees.

represent a departure from the foundational principle of natural justice that all parties are entitled to see and challenge all the evidence relied upon before the court and to combat that evidence by calling evidence of their own.

The Court further noted that the international principle of habitual residence which gives rise to a return could not be relied upon in internal abduction cases as a child is habitually resident in a country not in a specific area.

Shinder v Shinder 2017 ONSC 4177 sets out the importance of how sworn financial disclosure in family (and estate) court actions must be honest and complete as it is a «bedrock principle» that the parties are entitled to rely upon.

The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).

The rule that the prerogative may not be relied upon to deprive citizens of their right was an aspect of the principle of legality.

This therefore emphasises the general principle that to succeed in a claim for negligent misrepresentation it is necessary to show that the misrepresentation was relevant to the decision - making process and was relied upon.

In addition to relying on Hong Kong authority, importantly, Justice Ng also relied on the Australian authority of Trkulja v Google Inc. (No. 5)(hereinafter referred to as Trkulja), in which Justice David Beach of the Supreme Court of Victoria held that there was sufficient evidence upon which a reasonable jury, if properly directed, could return a verdict for the plaintiff and hold Google to be liable for defamation for its search results under orthodox common law principles.

The Court has also considered various questions of law and of general constitutional principle, upon which the petitioners rely....

On both issues, I submit that Mr. Justice Moldaver relied upon the court's perception of the «science» behind these legal principles in reiterating a long held position that intoxication is not a defence to a general intent offence without referencing any recent empirical studies but instead merely citing the twenty - one year old Daviault case.

Switzerland About Blog Paul Hobcraft can always be relied upon to provide detailed thoughts on how innovation management principles can be brought into play within companies, and which hurdles must be addressed for them to work.

No party to this litigation sought to rely upon any such principle, whether the suggested principle be described as a rule of «heightened» or «strict» scrutiny or in some other way.

A framework agreement based on human rights principles, involving all those affected throughout the state or in a particular region can bypass the injustice inherent in the legal system where there is no practical reason to rely upon it.

The campaign's slogan — «Making the Market Work» — communicates the fundamental place the MLS holds as a guarantor of basic principles real estate professionals rely upon.