Sentences with phrase «without judicial review»

Afterwards, states without judicial review saw the resolution of foreclosures pick up relatively quickly, while foreclosures in «states with judicial reviews have been largely flat for well over a year,» Blecher says.

The foreclosure backlog clogging the pipeline in states with judicial review is 2.6 times larger than in states without judicial review, says Florida mortgage analysis firm Lender Processing Services.

And states without judicial review are selling off foreclosed homes faster — up to three times faster in January than those with judicial review.

The long term mandatory detention without judicial review is unconstitutional.

It allows the government to obtain information that includes personally identifiable information from companies without judicial review.

Dagny, How is introducing legislation that would give states carte blanche to have school prayer, gay marriage bans, abortion bans (all goalsof Ron Paul) without judicial review, pro liberty?

Not exact matches

An ambitious vision of the Supreme Court and constitutional judicial review as serving the ends of public virtue is without legal justification, except as bound tightly to the values incorporated into our national charter.

We also oppose provisions of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow for the indefinite detention of individuals who can not be deported to their home countries; that expedite removal proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day in court; and that diminish the checks and balances of judicial review over immigration decisions.

Many may argue that a lack of judicial review and an elastic interpretation of imminence are necessary in the murky world of counter-terrorism, where democratic governments need to fight ruthless enemies without one hand tied behind their back.

I seem to recall that some other country or countries have a system allowing for judicial review of laws / bills without waiting for such a case to be brought.

I admire his stance against the Patriot Act, as well as his efforts on campaign finance reform and against torture and indefinite detentions of terror suspects without any mechanism for judicial review.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

It seems likely on this, that a party bringing a judicial review claim, which had the benefit of a protected costs order, would be able to apply for an interim order without having to give an undertaking in damages.

No application for judicial review can proceed without the grant of permission.

The manner in which the prohibition of judicial review was inserted into the statute, without discussion by the House or the Senate, will certainly raise concerns, if the information is presented to the judiciary.

In a judicial review, the Federal Court of Canada disagreed, setting out the following regime for dismissals under the Code: An employer can dismiss an employee without cause so long as it gives notice or severance pay.

You can not proceed with the judicial review without serving the other parties.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

Lord Lester of Herne Hill QC suggested that the very system of CMP had been championed by civil society organisations, including JUSTICE, in the context of the litigation in Chahal, as a least unpalatable solution to the deportation of individuals on national security grounds without effective judicial review (See Cols 1821, 1897).

At the same time, this decision will discourage grievors from applying for judicial review without clear evidence that the union's representation was deficient.

An emergency order of the High Court obtained by a firm who have issued judicial review proceedings indicated the view that a «signature «under protest» - ie without prejudice to the contention that the unified contract was unlawful would be sufficient protection for the Claimant's position.»

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.

In the wake of the events of September 11, 2001, for example, Congress enacted, in swift fashion, the USA Patriot Act, allowing for, among other things, increased authority to conduct searches and monitor activity without judicial intervention.28 The USA Patriot Act led to a number of new rules and executive orders from the Bush Administration, including the widely criticized Bureau of Prisons Rule.29 This rule «authorizes the Attorney General to order the [Bureau of Prisons] Director to monitor or review communications between inmates and lawyers for the purpose of deterring future acts that could result in death or serious bodily injury to persons or property.»

The USPTO conceded that it uses «redundancy» to control its docket without substantive review of the grounds presented in a petition, but contends that its decisions effectively are not subject to judicial review.

The High Court dismissed the applications for judicial review and an interim junction and certified the claim as «totally without merit».

(8) The mediator shall report the results of the mediation, without identifying the complainant or the judge who is the subject of the complaint, to the Judicial Council, which shall review the report, in private, and may,

The High Court has dismissed, and certified as «totally without merit», a highly publicised judicial review challenge to TfL's London Underground «ghost stations» procurement (in...

Proceedings for judicial review have been brought in the High Court of Justice in London before The Lord Chief Justice, The Master of the Rolls and Lord Justice Sales in order to obtain a declaration from the Court on whether, under UK constitutional laws, the Government can lawfully use prerogative powers to give notification to the EU under art. 50 of the Lisbon Treaty without the Parliament's formal authorisation.

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

As there was then an opportunity for the Order to be set aside without delay on an application of judicial review principles, I think that it was unnecessary for an opportunity to be provided for the Bank to be consulted before the Order was made in order to satisfy the requirements of the article.

Some of my cases going to a judgment in the last few years were: Click to open judgment in fresh window (Scottish Courts site) Insurance implications of playing «Happy Birthday» on the piano Damages for psychiatric illness caused by bereavement Judicial approval of the Hohfeldian analysis of rights Leading case on fair rent assessment Title raiders and retrospective rectification Leading case on competency of hearsay evidence Detention ordered by children's hearing: Articles 5 and 6 of ECHR No damage suffered by making a smaller profit than expected «In a well - regulated legal universe black holes should not exist» How much is half a home worth, with or without a mortgage «Reasonably obtained» held not to include unethically obtained Leading case on children's hearing system and ECHR Attempt to judicially review SNP; petitioners held not to exist Unlawful for council to charge for property enquiries Fair sharing (100 % to nil) of matrimonial property

In this case, the Board could participate without compromising the principles of finality and impartiality (at paras. 60 - 62) and, although Rothstein J. sounded a «note of caution» about the Board's suggestion that even if it lost on judicial review it would reach the same result in fresh proceedings, he felt «the Board generally acted in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72).

It has provided an accessible process by which workers can have a decision reviewed without having to retain counsel to take a judicial review application.

On their face, however, they do raise three issues that seem prima facie of concern: 1) the legitimacy of having rulings by the Federal Court about its process without any submissions made on the Committee's behalf; 2) the legitimacy of the Federal Court reviewing the Committee's conduct on an interlocutory basis; and 3) the legitimacy of the Federal Court intervening in a process designed to respect judicial independence, and to provide a mechanism for implementing s. 99 of the Constitution.

The Committee acknowledges that this approach «is not without constitutional costs», noting, for instance, that it would shield retained direct EU law from strike - down on HRA grounds (something that is already anticipated by the Bill) and from judicial review on common law grounds.

Mosley J. dismissed the request for judicial review, not because the case was without grounds, but because Galloway never actually tested the measures enacted against him,

Or maybe people decide they want university officials to be able to talk to each other without Billy present sometimes, so they pass a statute codifying the officials» administrative practice to have the force of law, to foreclose judicial review.

In a letter to Prime Minister Manmohan Singh, CPJ expressed concerned that the order was imposed without apparent judicial review or official explanation.

However, the Law Society's recent successful judicial review of the Legal Service Commission's (LSC) family law bid tender process (which heralded an overnight reduction from approximately 2,400 to 1,200 family law aid legal firms) shows that this needs to be managed without the risk of decimating provision of legal aid services to the most vulnerable in society.

As a result of online e-commerce marketplaces, such as Amazon, eBay, and Alibaba, beginning to enforce design patent rights asserted by design patent holders without the benefit of any type of judicial or administrative review, allegedly infringing products are being taken down from the online marketplace without formally engaging in design patent claim construction.

Judicial Oversight Over the Interstate Placement of Foster Children: The Missing Element in Current Efforts to Reform the Interstate Compact on the Placement of Children (PDF - 301 KB) Sankaran (2009) Capital University Law Review, 38 Examines the role juvenile court judges play in making placement decisions for foster children, the need for judicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty ofJudicial Oversight Over the Interstate Placement of Foster Children: The Missing Element in Current Efforts to Reform the Interstate Compact on the Placement of Children (PDF - 301 KB) Sankaran (2009) Capital University Law Review, 38 Examines the role juvenile court judges play in making placement decisions for foster children, the need for judicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty ofjudicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty of States.

Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43 -40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter.