Sentences with phrase «substantive decision on»

Of all «resolvable» requests received during Q3 of 2011 (i.e. requests where it was possible to make a substantive decision on whether to release the information being sought), 56 per cent were granted in full.

Not exact matches

With the FIA decision the Department made a substantive and irrevocable change to the proposed Rule without any impact analysis or due process for comment on that change.

They are also called to make substantive decisions about the common good, decisions that may leave a lasting mark on the community, for good or ill.

«That this House notes the ruling of the European Court of Human Rights in Hirst v the United Kingdom in which it held that there had been no substantive debate by members of the legislature on the continued justification for maintaining a general restriction on the right of prisoners to vote; acknowledges the treaty obligations of the UK; is of the opinion that legislative decisions of this nature should be a matter for democratically - elected lawmakers; and supports the current situation in which no prisoner is able to vote except those imprisoned for contempt, default or on remand.»

To illustrate how substantive policy choices underlie technocratic - sounding budgetary decisions, consider, for example, a decision to cut back on NIH training grants, making them available only in fields with a shortage of researchers.433 This approach may seem like a neutral way to decide how to allocate a limited sum of money.

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).

As the UK did in earlier cases on this topic submitted to the Court, in case C - 81 / 13 UK v Council it criticised the Council once more for using Article 48 TFEU as the substantive legal basis for the adoption of a social security measure implementing an association agreement, in this particular case the Council Decision 2012 / 776 / EU, which aimed to update the obsolete implementing provisions on the coordination of social security systems as established by the EEC - Turkey Association Agreement (Agreement).

At the centre of this appeal is the approach to be taken by a court to judicial review of such decisions, both on procedural and substantive grounds.

Attacks on the judiciary by politicians unhappy with a decision have the capacity to undermine the system of justice, and the distribution of legal powers, particularly when the attack is of a personal nature, but the more substantive issue is undermining the structure of justice, and an attack on the substance and principles of justice and the structures essential to its coherent function.

Yet Benjamin's conclusion rests on an assumption that humans are still making substantive editorial decisions into the algorithm process, and with the next generation of machine learning and artificial intelligence we are already seeing that this is not necessarily the case.

Indeed, the Illinois Supreme Court overlooked the clear substantive canonical violations for which the Church disciplined Dionisije, violations based on Dionisije's conceded open defiance and rebellion against the church hierarchy immediately after the Holy Assembly's decision to suspend him (a decision which even the Illinois courts deemed to be proper) and Dionisije's decision to litigate the Mother Church's authority in the civil courts rather than participate in the disciplinary proceedings before the Holy Synod and the Holy Assembly.

It did so, secondly, not on the basis of a substantive analysis as the one suggested by Advocate - General Kokott, who, in her opinion of 28 October 2015, had focused on the distinction between the objectives of internal and international security, but, rather, by emphasizing the ancillary purpose of the Council decision concluding the transfer agreement as a decision the very rationale of which is dependent to a large extent on the broader, CFSP - dominated context.

While issues of procedural illegality are likely to be addressed to the authorizing decision, issues as to whether the measure creates discrimination within the internal market or distorts competition or impinges on the rights and obligations of non-participating states are more properly addressed to the substantive legislative act.

EFIM sought for an annulment of the EFIM - decision, but the General Court confirmed the findings of the Commission in its judgment of 24 November 2011 in Case T ‑ 296 / 09), including — interestingly enough — the substantive analysis of dominance based on the four criteria mentioned.

A committee is not, however (and this may be the most important aspect of the decision), «otherwise required to hear his evidence as to whether or not the substantive allegation against him is or is not well - founded; that is not the issue on the application for an interim order.»

Time will tell, on both fronts, but in the meantime it is safe to say that the Supreme Court decision will change summary judgment motions not only in a substantive, but also in a procedural, manner.

I'll leave the substantive comments on the validity and merits of the decision to those with the expertise.

Any substantive need for RBS to appeal on the waiver aspect of the first decision of Birss J therefore fell away (and RBS's appeal in relation to other aspects of the decision was in any event settled).

These findings on standard of review are not only consistent with the overall trend in existing jurisprudence concerning the judicial review of FOIP decisions, but are also consistent with the trend towards reasonableness as the standard of review generally in substantive judicial review of statutory interpretation by administrative decision - makers.

Having not been able to address these issues in DBN v the United Kingdom, [39] due to the lack of contact the UK solicitors had with their client, the Strasbourg Court has not been able to address substantive asylum claims based on sexual identity since the earlier 2004 decisions in F v UK [40] and INN v the Netherlands [41].

The curriculum focuses on the legal system, dispute resolution, legal research and writing, legal reasoning and analysis, ethical decision making, jurisprudence, legal history, and substantive areas of law.

While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).

Thus, the Court's Cuozzo decision settles that § 314 (d) precludes a petitioner from challenging an institution decision based on a substantive issue of patent law, or the interpretation of a cited reference.

Increasingly, astute managers are exercising influence on virtually all decisions affecting the «business of law» and are providing management support to those lawyers who are responsible for managing and coordinating substantive practice areas.

How serious does a substantive error have to be for a court to set aside a RTB decision on judicial review?

The USPTO contended that a decision to deny review on redundancy was not a substantive agency decision, and was based on practical considerations relating to the board's ability to complete review within the prescribed one - year time limit.

I am going to leave the substantive discrimination aspects of this decision to others (my colleague Jennifer Koshan posted on Justice Peter Michalyshyn's earlier decision at the Court of Queen's Bench ruling in this matter — Bish v Elk Valley Coal Corporation, 2013 ABQB 756), and instead focus only on what the Court of Appeal has to say about standard of review in administrative law.

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

The members placed «substantive weight» on the expert evidence of a forensic psychiatrist, Dr. Jonathan Rootenberg, who is identified only as «Dr. M» in the decision.

The Supreme Court of Canada released its Dunsmuir decision in early March 2008, hours before my administrative law class at the University of Ottawa, Common Law Section, was to embark on study of standard of review in substantive administrative law.

And there is no doubt that the legislature often intends to confer sufficient authority on the administrative decision maker to provide the substantive details within the bounds the legislature has set, based on the decision maker's understanding of that particular legal area and what is required in individual cases to achieve the objectives of the governing legislation.

Challenge on basis that the decision was contrary to a substantive legitimate expectation, irrational, in breach of the consultation requirements and contrary to s 149 Equality Act 2010.

When an inquiry committee disposes of a complaint by issuing a citation for a disciplinary hearing, to what extent is that committee's decision subject to challenge based on either procedural fairness or on its substantive merits?

However, the Outer House decision focussed on the flawed decision making process as opposed to the substantive conclusion reached by prison authorities.

It does seem like Justice Veldhuis is reluctant to grant leave to appeal on substantive issues emanating from a development appeal — her comment in the Nash decision certainly supports this observation.

On substantive legitimate expectations, I take the side of the Court of Appeal in Coughlan, arguing in the teeth of strong criticism of that decision that there are indeed good reasons for courts to enforce substantive legitimate expectations, though I also observe that the Court of Appeal probably went too far in one important respect.

It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support arising out of a material change in circumstances.

But what it means in practice is that the only reason today that Article III judges must defer to the D.C. Court of Appeals on questions of D.C. law is because the D.C. Circuit itself has said so — and so stare decisis, and not the Rules of Decision Act or principles of federalism — carries all the weight (and would not bind federal courts outside of the D.C. Circuit in diversity cases in which choice - of - law rules compel application of D.C. substantive law).

(Perhaps, in this limited sense, reason - giving can in fact exercise a «pull towards goodness,» on judicial decisions, a possibility about which I have otherwise expressed skepticism, assuming a more substantive meaning of «goodness.»)

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive laOn issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive laon judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

Its application for permission to apply for judicial review in relation to that decision was considered on the papers on 7 November 2007 by Lord Justice Sullivan, who directed that there should be a «rolled up» hearing at which the application for permission and, if permission should be granted, the substantive application for judicial review should be heard.

Practice and Procedure Before Administrative Tribunals: This unique guide on administrative agencies and how they operate provides in - depth analysis of substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative decision - making and agency operation.

The campaign has prepared a report on this meeting, which was substantive in content but did not take any decisions.

The December 2016 decision by the 125 states parties to the 1980 Convention on Conventional Weapons (CCW) to formalize their deliberations on killer robots raised expectations that these talks would become more substantive.

The scope extends to the Substantive Change Committee, jointly with the Commission, for decisions on substantSubstantive Change Committee, jointly with the Commission, for decisions on substantivesubstantive change.

This decision has been criticised on the basis that it could enable parties to approach the NNTT for a determination that a particular future act proceed, even if there have been no substantive negotiations about the doing of that act.

Also, for the decision on the number of profiles in LPA we used statistical and substantive criteria in agreement with other studies (Collins and Lanza 2010; Meeus et al. 2011).

It has almost all of the characteristics of the adversarial litigation system — counsel present on both sides, a process focused mainly on resolving the substantive issues according to the statutory law and appellate decisions, and a third party neutral whose main experience has been in deciding adversarial cases in an imposed process.

What you do need is substantive information that can help you make informed decisions on Election Day, Nov. 2.