Because these decisions are «administrative» decisions delegated by the Home Office they do not
require judicial oversight.
Not exact matches
Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of
judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting
judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»
I am of the view that there should be appropriate
judicial oversight of any regime in which service providers are
required to identify their users to law enforcement officials.
In that connection, I note that a significant legal safeguard in the university's appeal process was the important layer of
judicial review which typically provides, where necessary, the
required oversight.
There are good reasons to
require police to obtain warrants and seek
judicial oversight before invading individual privacy.
A private members bill has been introduced in Parliament restricting candidates to the bench to those who have special training in sexual assault - related education, demanding written reasons in all related cases and
requiring mandatory
oversight by the
Judicial Council.
As in the NPRM, the final rule does not establish any new administrative or
judicial process prior to disclosure for health
oversight, nor does it prohibit covered entities from making any disclosures for health
oversight that are otherwise
required by law.
Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or
judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external
oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which
requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.
The new § 164.512 includes paragraphs on: Uses and disclosures
required by law; uses and disclosures for public health activities; disclosures about victims of abuse, neglect, or domestic violence; uses and disclosures for health
oversight activities; disclosures for
judicial and administrative proceedings; disclosures for law enforcement purposes; uses and disclosures about decedents; uses and disclosures for cadaveric donation of organs, eyes, or tissues; uses and disclosures for research purposes; uses and disclosures to avert a serious threat to health or safety (which we had called «emergency circumstances» in the NPRM); uses and disclosures for specialized government functions (referred to as «specialized classes» in the NPRM); and disclosures to comply with workers» compensation laws.
These include
judicial oversight for surveillance carried out by public authorities,
requiring government departments to produce an independent and publicly available privacy impact assessment before introducing any new data collection scheme, and allowing the information commissioner to inspect private as well as public sector organisations.