Sentences with phrase «rights law sufficient»

Is the existing framework of human rights law sufficient?

Not exact matches

I believe liberal constitutionalism with substantial fundamental commitments to democracy, human rights, and the rule of law and sufficient attention to local indigenous concerns - what I call indigenization - can be appropriately responsive to local concerns with the development and maintenance of fundamental political values.

Last month's Harper review found existing laws were sufficient «to deter a firm from misusing its market power» and did not recommend giving the ACCC divestiture rights.

The constitution permits the government to pass laws enable life in society «living together», and found that the governments interest in this case was sufficient to restrict the rights for people to wear religious face coverings.

Second question is relevant from the point of view of constitutional rights and laws is the question of the legitimacy of the judge as the balancer, especially when the judge doesn't have sufficient constitutional standing to apply principles from this standpoint, and that when he does so, he unduly restricts and even usurps other powers enshrined in the constitution.

We say, come to us first, tell us what type of information you have, and if we think its sufficient, we will help find the right law firms, to assist in advancing your information.»

To register a dot - ca domain name, you need to have a sufficient connection to Canada and under the policy unregistered «common law» trademark rights are not considered enough of a connection.

Although Lord Hope recognised that the issue of balance was not mentioned in either Engel or Guzzardi and that it does not feature in the wording of Art 5, he was nevertheless of the opinion that: ``... there are sufficient indications elsewhere in the court's case law that the question of balance is inherent in the concepts that are enshrined in the Convention and that they have a part to play when consideration is being given to the scope of the first rank of fundamental rights that protect the physical security of the individual» (at [27]-RRB-.

Failing to yield the right - of - way when required by law to do so can, sometimes, result in serious impact at speeds sufficient to cause major forces to be placed upon the human body to cause severe bodily harm and even death.

A decision - maker who fails to give sufficient weight to a Charter right might still arrive at a decision which is reasonable in an administrative - law sense.

The law mandates individual assessment and care planning, as well as sufficient staffing, physician oversight and other quality - of - life rights.

Although I am aware of the often - repeated statement that personal rights are more important than property rights, where the owner has stored his valuables representing his life's accumulations, his livelihood business, his tools and implements, and his treasured antiques as appears in the case at bar, and where the evidence is sufficient to sustain a finding that the installation was intended only as a warning to ward off thieves and criminals, I can see no compelling reason why the use of such a device alone would create liability as a matter of law.

In proceedings to which the European Union is a co-respondent, if the Court of Justice of the European Union has not yet assessed the compatibility with the Convention rights at issue of the provision of European Union law as under paragraph 2 of this Article, sufficient time shall be afforded for the Court of Justice of the European Union to make such an assessment, and thereafter for the parties to make observations to the Court.

It would be quite another to say that A's unreasonably held mistaken belief would be sufficient to justify the law in setting aside B's right not to be subjected to physical violence by A. For civil law purposes an excuse of self - defence based on non existent facts that were honestly but unreasonably believed to exist had to fail.

Of «understanding and intelligence» (later re-phrased as «age and understanding» in CA 1989) he said: «I would hold that as a matter of law the parental right to determine whether or not their minor child below the age of 16 will have medical treatment terminates if and when the child achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed.

But even if our positive law could allow for the proposition that animals have sufficient legal interest to institute actions, granting this standing implies that animals have rights worthy of being protected in Court.

However, the Court went on to discuss as a principle of law the question of whether the right to freedom of expression was sufficient in and of itself to extend an absolute privilege to municipal council meetings.

In this case (and furthering an unsuccessful strategy to challenge adverse award decisions that, however, has made a fundamental contribution to the development of the case law in this area), Evropaïki Dynamiki challenged the debriefing received from the European Commission both on the grounds that it was 8 days late (although both the GC and the CJEU dismiss this procedural deffect easily on the basis that the delay did not however restrict the undertaking's opportunity of asserting its rights and could not, by itself, lead to the annulment of the contested decisions) and that it was insufficient — ie that the Commission had not provided sufficient reasons to justify the award of the contract to another bidder.

In this post, Nathan Cambien discusses extensively new case law by the CJEU on the topic of what actually constitutes «sufficient «movement for EU citizens to be able to invoke e.g. the right to be joined or accompanied by close family members.

This is not to say that the rule of law and the separation of powers are sufficient conditions for the protection of human freedoms, but they are absolutely necessary — conditions precedent to a modern bill of rights.

The Law School seeks only a facade - it is sufficient that the class looks right, even if it does not perform right.

This protection is broad: in December 2017, the Supreme Court of Canada (in British Columbia Human Rights Tribunal v. Schrenk) confirmed what many employment law lawyers already believed: the human rights law obligation of a «person» not to discriminate in employment prohibits discrimination against employees whenever that discrimination has a sufficient connection to employment; it's not limited to discrimination by their supeRights Tribunal v. Schrenk) confirmed what many employment law lawyers already believed: the human rights law obligation of a «person» not to discriminate in employment prohibits discrimination against employees whenever that discrimination has a sufficient connection to employment; it's not limited to discrimination by their superights law obligation of a «person» not to discriminate in employment prohibits discrimination against employees whenever that discrimination has a sufficient connection to employment; it's not limited to discrimination by their superiors.

Provided the national law provision does not render it impossible or excessively difficult in practice to exercise the right to compensation conferred by Art 10, then it is probably sufficient and various aspects of the 2003 agreement have passed muster on this basis.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

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.

80 In the light of all of the foregoing, the answer to the question referred is that EU law — in particular, as it results from Article 7 (1)(b), Article 8 (4) and Article 24 (1) and (2) of Directive 2004/38 — must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically — whatever the circumstances — bars the grant of a benefit, such as the compensatory supplement provided for in Paragraph 292 (1) of the ASVG, to a national of another Member State who is not economically active, on the grounds that, despite having been issued with a certificate of residence, he does not meet the necessary requirements for obtaining the legal right to reside on the territory of the first Member State for a period of longer than three months, since obtaining that right of residence is conditional upon that national having sufficient resources not to apply for the benefit.

(Freedom of movement for persons — Union Citizenship — Directive 2004 / 38 / EC — Right of residence for more than three months — Article 7 (1)(b)-- Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the «social assistance system» of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3 (2) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European UnionRight of residence for more than three months — Article 7 (1)(b)-- Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the «social assistance system» of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3 (2) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European Unionright to reside on the national territory — Compliance with European Union law)

45 However, it is important that the requirements for obtaining that right of residence — such as, in the case before the referring court, the need to have sufficient resources not to apply for the compensatory supplement — are themselves consistent with EU law.

Comment: One commenter asked us to delete our standard for deceased individuals, asserting that the deceased have no constitutional right to privacy and state laws are sufficient to maintain protections for protected health information about deceased individuals.

Comment: A few commenters believed that it would be «extremely disruptive of and dangerous» to patients to have access to records regarding their current care and that state law provides sufficient protection of patients» rights in this regard.

While the capabilities of future technology are uncertain, there are strong reasons to believe that devolving more decision making over targeting to weapons systems themselves will erode the fundamental obligation that rules of international humanitarian law (IHL) and international human rights law be applied by people, and with sufficient specificity to make them meaningful.

While state laws differ on when landlords are allowed to exercise that right (for example, in most states, landlords have to offer sufficient advanced notice or request permission before entering), you can't change the locks and prevent them from entering entirely without running afoul of the law.

For example, it could clarify that evidence of traditional laws and customs relating to trade in a particular resource of the claim area is sufficient to establish a right to trade in any resources of the claim area.

9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty