Sentences with phrase «unfair application of the law»

It seems to me that the principles and history of common law tends towards the removal of protected groups (e.g. aristocracy) over time (Magna Carta being a famous example) as its principles mean blatant inequalities cause tensions that are the resolved by the system, so changes occur because blatant unfair application of the law comes to a head, but has this resulted in a explicit principle of law that can be used or is it simply a case of taking your chances as history turns?

Not exact matches

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

In my experience as a family law lawyer, however, it has seemed to me that the bell curve modeling the impact of legislation on my clients has perhaps a higher standard of deviation than the norm, giving the bell curve a greater population at the extremes and thus fatter tails than suggested by the normal distribution; in other words, my impression is that quite a bit more than 5 % of separating couples experience an unfair or very unfair result from the application of family law legislation.

If you are guilty (as in, you've committed the offence not been judged) of an offence but your arrest / prosecution is unfair in its application can this be used as a defence in common law?