Sentences with phrase «under judicial consideration»
When one commences a lawsuit, we are asking a court to decide on the issues, which are under judicial consideration.
http://www.canadianlawyermag.com/ Not exact matches
That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.
While such cases are likely to raise human rights issues, and thus import into the judicial consideration questions of proportionality and a relatively intensive scrutiny of the decision, it remains the case that, given the wide discretion afforded to the minister under IA 2005 and the nature of the competing interests, the courts are likely to be wary to intervene other than in the clearest of breaches.
(4) Subsection (3) also applies to mediations conducted under section 51.5 and to the Judicial Council's consideration of the question of compensation under section 51.7, if subsection 51.7 (2) applies.
Carroll warned legislators in February that the severe Judicial Branch cuts under consideration could «compromise access to justice for our citizens.»
The Tribunal also dismissed the College's arguments that the complainant's failure to pursue a judicial review of the HPARB decision and the fact that she no longer had conditions on her licenses were relevant to whether or not the complaint was an abuse of process, finding that the need for the complainant to have her complaint appropriately considered under the Code outweighed other policy considerations (¶ 61).
The California Supreme Court interpreted this statute to require judicial consideration of claims brought under the state statute, and accordingly refused to enforce the parties» contract to arbitrate such claims.
The decision of the EAT under Underhill J in YMCA Training v Stewart [2006] UKEAT 332/06, [2006] All ER (D) 69 (Dec) can be seen as continuing the non-technical, «low hurdle» and (frankly) hostile judicial approach to the statutory procedures in the Employment Act 2002, and also as giving first consideration to the relationship between the statutory disciplinary procedure and an employer's own (more comprehensive) procedures.