Sentences with phrase «state judicial application»

Not exact matches

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

Kanu's lead counsel, Chuks Muoma had written a petition to the National Judicial Council (NJC), claiming that Tsoho made conflicting rulings on an application by the Department of State Services (DSS) to conduct a secret trial for him.

The Commission on Judicial Nomination, the screening committee for filling posts on the state Court of Appeals, announced it would accept applications through May 19.

(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

In early May, the Independent Judicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of NJudicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of Njudicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of New York.

It is submitted that the Opinion of AG Saugmandsgaard ØE reflects a common unease when it comes to the application of the traditional broad judicial interpretation of the State resources criterion, and may be regarded as pointing to a novel approach.

Our Supreme Court has stated there are two standards to be applied on judicial review applications.

«RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified Patent Court the full application of, and respect for, Union law in their respective territories and the judicial protection of an individual's rights under that law;

In the latest instalment of the Baby P cases, the secretary of state and Haringey have filed applications for permission to appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissal.

The court should be slow to entertain an application for judicial review as an alternative to an appeal by way of case stated just because the time limit for an appeal has been missed, even if the fault lies with the claimant's solicitors rather than with the claimant personally.

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law, disputes which may concern the application or interpretation of EU law.»

Neither application resulted in an interview with the state judicial nominating commission.

Most recently, Zac acted for a claimant in a claim for judicial review which argued that guidance issued by the Secretary of State was contrary to the IORP Directive (R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government (led by Nigel Giffin QC).

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

The recent Duncan Lewis judicial review case of Ibrahim, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1347 (Admin) saw Duncan Lewis Immigration Solicitor Shahnaz Roshan representing a Sudanese national claimant who was subject to immigration detention following completion of his sentence for a serious offence.

Five claimants made three applications for judicial review of the secretary of state's refusal to grant, or delay in granting, certificates of approval.

R (Feakins) v. Secretary of State (CA)[2004] 1 WLR 1761 An applicant for judicial review had standing to make the application even though he had indicated he would accept the decision under challenge if he was paid a sufficient sum of money.

The Secretary of State gave notice that she intended to remove A from the UK before the date fixed for the hearing of the judicial review application.

While the secretary of state accepted that this was the case, he argued that the system taken as a whole — including the ability to bring judicial review proceedings against a refusal to remove from the provisional list — meant that the system complied with Art 6 (1), as per the principle laid down by the European Court of Human Rights in Bryan v United Kingdom (Application 19178 / 91)(1995) 21 EHRR 342.

State Farm challenged this decision by bringing an application for judicial review in the Federal Court of Canada.

R (Teva B.V.) v Secretary of State for Health [2018] EWHC 228 (Admin) Biogen Idec Ltd was an interested party Overview On 13 February 2018, the High Court (Jay J) dismissed the application of Teva BV («Teva») for judicial review of the decision of the UK's Medicines and Healthcare Products Regulatory Agency («MHRA») not to -LSB-...]

RPC's Certificate of Need experience includes assisting hospitals and other providers as well as their legal counsel in filing applications and preparing for hearings and other judicial appeals in many states.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

In July 2017 Gurprit acted as junior counsel in R (on the application of Durand Academy Trust) v OFSTED and the Secretary of State (2017) EWHC 2097 (Admin), an important Judicial Review case; successfully challenging Ofsted's decision to place a school in special measures.

As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).

The general principles of contractual interpretation are easy to state, but the application of such principles appears to be deceivingly simple, given the recent string of differing English decisions that demonstrated the various judicial approaches to contractual interpretation.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Application of Prcoedural Justice Research to Judicial Actions and Techniques in Settlement Sessions (abstract only) Nancy Welsh, Donna Stienstra, and Barbara McAdoo, Penn State Law Research Paper 18 - 2013 This paper presents a questionnaire in which perceptions of procedural justice are assessed in settlement sessions of civil, non-family law cases.

Article 30 Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.

Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.

R (on the application of Cheshire East Borough Councils and one other) v Secretary of State for the Environment [2011] EWHC 1975 (Admin)[2011] NPC 92 Judicial review challenge to decision of DEFRA to withdraw funding from a part - procured major waste infrastructure project, with Nigel Giffin QC

Application forms may be obtained from the ex officio chair of the nominating commission, Justice Gregory Hobbs, or may be downloaded from the State Judicial website.

Applications are available on the State Judicial website or from the nominating commission's ex officio chair, Justice Brian Boatright.

R (on the application of Luton Borough Council & Others) v Secretary of State for Education [2011] EWHC 217 (Admin) Judicial review of the Secretary of State's decision to withdraw funding for the «Building Schools for the Future» programme

Application forms are available from the State Judicial website and from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Brian Boatright.

Application forms are available from the State Judicial website and also from the ex officio chair of the Tenth Judicial District Nominating Commission, Justice Richard Gabriel.

Application forms are available from the ex officio chair of the Sixth Judicial District Nominating Commission, Justice Brian Boatright, and are also available on the State Judicial website.

R (on the application of Luton Borough Council & Others) v Secretary of State for Education [2011] EWHC 217 (Admin) Judicial review of the Secretary of State's decision to withdraw funding for the «Building Schools for the Future» programme, with Peter Oldham QC

Application forms are available on the State Judicial website and from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Brian Boatright.

[14] R v Secretary of State for the Home Department, ex parte Bugdaycay [1987] AC 514 at 531, per Lord Bridge; R v Secretary of State for the Home Department, ex parte Brind [1991] AC 696 at 748 - 749, per Lord Bridge; R v Ministry of Defence, ex parte Smith [1996] QB 517; Paul Craig, «Judicial review and anxious scrutiny: foundations, evolution and application» [2015] Public Law 60.

R (on the application of Cheshire East Borough Councils and one other) v Secretary of State for the Environment [2011] EWHC 1975 (Admin)[2011] NPC 92 Judicial review challenge to decision of DEFRA to withdraw funding from a part - procured major waste infrastructure project

The Committee on Judicial Resources for the United States Judicial Conference and Just The Beginning — A Pipeline Organization are accepting applications for its 7th annual Summer Judicial Internship Diversity Project for Summer 2018.

«so unyielding as to require enforcement of an agreement to arbitrate a dispute over the application of a regulatory statute which a state legislature, in conformity with analogous federal policy, has decided should be left to judicial enforcement.»

Another and less palatable option is to acquiesce to judicial application of the State Farm «disparity» test, and accept reduced retributive damages awards in those unusual cases.

[1] The Canadian Council for Refugees (CCR), the Canadian Council of Churches (CCC), Amnesty International (AI) and John Doe, a Colombian refugee claimant in the United States, filed a judicial review application challenging the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries [December 5, 2002, [2004] Can.

One particularly notable, if complex, decision last year was that of Mr Justice Burton in judicial review proceedings in R (on the application of the Equal Opportunities Commission) v Secretary of State for Trade and Industry [2007] IRLR 327, [2007] All ER (D) 183 (Mar) that amendments to the Sex Discrimination Act 1975 in 2005 to comply with the amended Equal Treatment Directive 76 / 207 / EC did not transpose those changes properly in certain detailed ways.

Application forms are available from the State Judicial website or from the ex officio chair of the Twenty - first Judicial District Nominating Commission, Justice Monica Marquez.