Sentences with phrase «substantive challenge»

This suggests that Member States may end up having to raise two distinct legal actions: a more procedurally - oriented action challenging the authorizing act and a more substantive challenge to the legality of the resulting legislative measure.

The New York Convention «envisions multiple proceedings that address the same substantive challenge to an arbitral award» — but a primary jurisdiction situs is generally thought of to have more say in the vacatur / enforcement process.

The court supported Bank Mellat's procedural as well as substantive challenge against HM Treasury.

Now you might even go so far as to provide some substantive challenges to my assertion.

«The party could avoid the national embarrassment of a Paladino candidacy and mount a substantive challenge to the Democratic nominee, Andrew Cuomo.

It's also a career best for Dave Franco (Nerve) who has long struggled to find a role that provided a substantive challenge.

However it sought to justify its refusal to include a substantive challenge to its reports in the Complaints Procedure specifically for schools deemed inadequate or in need of special measures because schools may well feel aggrieved about the outcome and seek to challenge the report in order to delay publication.

The School challenged OFSTED's Complaints Procedure on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust process that permits a substantive challenge and which gives the complaining party the possibility, in appropriate cases, of having the decision changed» (although it was accepted that «fairness» does not necessarily require an external appeals process).

He said that the process set out in its Complaints Procedures was neither fair nor rational because it «effectively says there is no need to permit an aggrieved party to pursue a substantive challenge to the conclusions of a report it considers to be defective because the decision maker's processes are so effective that the decision will always in effect be unimpeachable.»

Upon application for Judicial Review, the High Court found that Ofsted's complaints process was defective because it did not permit a substantive challenge to the most serious criticisms, namely, when a school was found to have serious weaknesses or requiring special measures.

It was asserted that if there was to be an internal complaints process, as was the case with Ofsted, the complainant should be afforded the opportunity to make a substantive challenge with the possibility of having the decision changed, if appropriate.

The court is currently hearing a substantive challenge to the interpretive rule, and in light of today's ruling, the hemp industry is optimistic that the Court will ultimately invalidate the DEA's rule, as one of the prime criteria in granting the Stay was whether the hemp industry is likely to ultimately prevail on the merits of the case.

The court ruled that the regulator's appeal process was not fair or rational for a substantive challenge to be made to an Ofsted Report.

The substantive challenges remain constant — ensuring material is timely, varied, interesting and enlightening AND articulating in a blog format that is readable and (dare I say this of legal material) enjoyable and entertaining!

In the High Court, Justice Mitting dismissed both the procedural and substantive challenges to the order, and Bank Mellat lost its subsequent appeal before the Court of Appeal before the case was taken finally to the Supreme Court.