Sentences with phrase «through judicial review»

The extension, to 14 November, will ensure there is sufficient time for the Law Society and the Legal Services Commission (LSC) to work through the judicial review process.

«There's no question in my mind this is going to have to go through judicial review; there's going to have to be some court cases in which the court is able to look at it through the eyes of a real scenario, and determine what the «serious harm to fish prohibition» in the act actually means.

«They've tried to clean it up and there are some changes that will probably count as improvements when it goes through judicial review, but I think there are still serious constitutional questions,» said Andrew Siegel, a professor of law and constitutional expert at Seattle University.

It should instead let administrative judicial review be a matter of practice and the appropriate judicial attitude, one of respectful attention to any decision - maker's reasons for a particular decision, while recognizing that judges provide a sober second thought through judicial review, particularly on matters of legal interpretation.

If the decision was to not list the land, the community group could challenge that decision through judicial review.

The accountability of the ECB was discussed, and in particular the extent to which an effective means of keeping the ECB's actions in check through judicial review was considered.

Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales

It makes clear that Indigenous peoples should clearly identifying concerns early in consultation and, that if they want to stop the project from going ahead at all, the necessity of proving their rights in a trial instead of through a judicial review of a government decision.

Energy projects are often subject to challenge through judicial review and similar statutory challenges.

This section will guide you through the judicial review court hearing.

Reasons should ensure transparency in decision making, allow for accountability for decisions (through judicial review or just generally) and be accessible to the average reader.

The lawfulness or scope of a notice or subpoena from a law enforcement authority may be challenged in the Irish courts through judicial review proceedings, unless it is possible to reach a compromise with the law enforcement agency on the scope of the notice.

Since taking over from the rather more liberal, Kenneth Clarke Grayling has attacked human rights as «political correctness», proposed dramatic restrictions to the right of individuals to challenge the state through judicial review, imposed significant restrictions on access to lawyers with no - win no - fee cases, moved the government back on to the course of building more (and bigger) prisons — despite the evidence against them — and is set on dramatically privatising up to 70 % of the probation service ceding state responsibility for offenders to commercial enterprises.

More recently, Parliament promised in the European Union Act 2011 to hold a referendum on any law that increased the competencies of the EU and put in place mechanics for holding itself accountable through judicial review.

Not exact matches

Granting the Supreme Court supremacy in conducting discourse about values through the mechanism of judicial review disempowers the people from full participation in their government and their communities.

Michael J. Perry, a leading legal scholar, argues that judicial review should serve the role of «prophecy,» calling us to a deeper understanding of ourselves through moral exhortation by the Supreme Court.

Before releasing the emails, the State Department will go through and review to find which emails are specifically work - related and make sure no releases would be duplicates from those released in response to Judicial Watch's Freedom of Information Act request.

Matters rapidly deteriorated thereafter with the elected (i.e. non-Foundation) parent governors, supported by the VPAG, seeking a Judicial Review through the Courts, and now, after that having been dismissed, going to the Supreme Court.

Lawyers pointed out that the case would have been much harder to bring if Grayling had already forced through his changes to judicial review, which return to the Lords next Tuesday.

Woolas responded by saying he would seek a judicial review of the decision, arguing through a statement issued by his solicitor that the ruling would «inevitably chill political speech».

The plaintiff, through his counsel, Ifeanyichukwu Obasi - Nweze, is seeking a judicial review to determine whether or not the Office of Mark had not become vacant by the provisions of Section 68 (1)(e) of the 1999 Constitution, as amended, and Section 3 (3)(a) of the National Institute for Legislative Studies Act, 2011.

Many of these children have been placed in stable, loving homes through the efforts of volunteers from the community who make up the Judicial Citizen Review Board.

Nintendo also tried to introduce legislation to congress via lobbying in the form of the «Computer Software Protection Act» (H.R. 5297) which never made it through the House Judicial review.

Withdrawal of the National Assessment now could obviate the need for a formal administrative petition, and potential judicial review, once these processes are established by October 2002 through agency implementing guidelines.

We also represent clients in challenging decisions of regulators and policy makers through environmental judicial review.

The Oregon courts appear to believe that a statelaw «reasonableness» limit upon the amount of punitive damages subsists, but can not be enforced through the process of judicial review.

We provide advice and representation through from initial hearings to final hearings, appeals and judicial review challenges.

[2] Elizabeth Bernard is the protagonist in a legal odyssey which has found its way through three administrative tribunal proceedings, two rounds of judicial review in the Federal Court of Appeal and now an appeal to this Court.

(iii) In the instant case the parties, through inaction on the part of the solicitor was out of time to appeal by way of case stated, accordingly counsel advised judicial review.

But they have a duty to themselves, participants in their decision - making processes, and to the public, to speak clearly through their reasons for decision, and not in whispered affidavits or legal submissions in subsequent judicial review proceedings.

A decision can be challenged through the process of appeal or judicial review if there is a jurisdictional error.

All that remains to be stressed here is that the denial or breach of these entitlements may provide the ground on which a decision can be challenged through the process of judicial review.

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).

Attorneys go through a four - step process, whereby a judicial review board, composed of former judges, considers the final candidates that have epitomized the ideals of the legal profession.

The AMF's decisions are final and without appeal, although they may be contested through an application for judicial review by the Superior Court of Quebec.

We regularly instruct Counsel in relation to Judicial Review and High Court challenges and have secured agreements through negotiation under threat of legal proceedings.

Public law challenges in Judicial Review through the Administrative Court often involve the application by the NHS or Local authorities over public law principles such as willingness, unwillingness, reasonableness and the rationality of services and what at the end of the day they are willing and able to provide.

He advises on the promotion of land through the development / neighbourhood plan process, legal challenges / judicial review, compulsory purchase and highway law, village greens, environmental issues and the negotiation of planning / highway agreements.

Family Diplomacy: A Collaborative Law Firm can help guide you through an uncontested final hearing for divorce whether (i) you and your spouse have already signed a written agreement and are stuck in judicial bureaucracy, (ii) you need independent advice and wish to have an attorney review a marital settlement agreement and / or parenting plan proposed by your spouse or his / her attorney, (iii) you and your spouse have the outline of an agreement, but you need someone to flesh it out and draft it up, (iv) your goal is to come up with an agreement with your spouse, but this just has not yet happened, (v) you want to reach an agreement via mediation or (vi) you wish to participate in the innovative, team - centric process of Collaborative Divorce.

If an application for an extension is denied, the only recourse for an applicant is through an application at the Federal Court of Canada for judicial review.

Creating Principles of Judicial Office for Justices of the Peace, through the Justices of the Peace Review Council, recognizing justices of the peace as judicial officers; a document that is identical to the counterpart for judges once you substitute «justice of the peace» for «judgeJudicial Office for Justices of the Peace, through the Justices of the Peace Review Council, recognizing justices of the peace as judicial officers; a document that is identical to the counterpart for judges once you substitute «justice of the peace» for «judgejudicial officers; a document that is identical to the counterpart for judges once you substitute «justice of the peace» for «judge.»

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.

At a moment at which there are many serious criticisms of liberalism and / or questions about its future, combined with substantial unanimity among legal academics about various progressive values (as seen, to be clear, through an establishment lens) and the routine invocation in current scholarly and public writing of things like «rule of law,» faith in judicial review, and so on, there is a lot of room for interesting and valuable work questioning those assumptions and premises.

Judicial review is a lengthy and complicated process with strict time limits for claims but our education law experts will guide you through the process from start to finish.

You can apply for judicial review only if you have been through the public body's own complaints and appeal procedures and are still unhappy with the decision made.

Develop a solid foundation in administrative law through an examination of natural justice principles, evidentiary issues, and the judicial review process.

Here the Court of Appeal has sent a message: it prefers that individuals appeal UCAB decisions through the established judicial review process rather than look for a more favourable outcome in another forum.

While there do exist statutory laws, such as the Domestic Relations Laws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial review.

Select Books and Recent Law Review Articles: • Public Policy in International Economic Law: The ICESCR in Trade, Finance and Investment (Oxford University Press, 2015) • Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012) • ASEAN Integration and Philippine Treaties (Cambridge University Press, forthcoming in ASEAN Integration through Law Series) • ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (co-edited with David J. Cohen, Routledge, forthcoming) • International Commercial Arbitration for the Philippine Legal Profession (editor, University of the Philippines IILS Press, forthcoming) • Code of Professional Responsibility (USAID and Philippine Judicial Academy, 2007)

In a unanimous verdict, a nine - judge bench headed by Chief Justice Y.K. Sabharwal held that all laws included in the Ninth Schedule after the evolution of the basic - structure doctrine of the constitution — through the 1973 verdict of the Keshavananda Bharti case — are open to judicial review.