Award - italaw
... tobacco-control measures regulating the tobacco industry, the Respondent violated the BIT in its treatment of the trademarks associated with cigarettes brands in which the Claimants had invested. These measures included the Government’s adoption of a single presentation requirement precluding tobacc ...
... tobacco-control measures regulating the tobacco industry, the Respondent violated the BIT in its treatment of the trademarks associated with cigarettes brands in which the Claimants had invested. These measures included the Government’s adoption of a single presentation requirement precluding tobacc ...
Extraterritorial Jurisdiction
... Civil jurisdiction (i.e. domestic courts’ jurisdiction over private law claims) differs from public law jurisdiction, on which this study otherwise focuses. Firstly, the jurisdictional rules in civil law cases involving private foreign actors or conduct appear more flexible, focusing on the “connect ...
... Civil jurisdiction (i.e. domestic courts’ jurisdiction over private law claims) differs from public law jurisdiction, on which this study otherwise focuses. Firstly, the jurisdictional rules in civil law cases involving private foreign actors or conduct appear more flexible, focusing on the “connect ...
THE RULES FOR INCORPORATION OF CHARTERPARTY
... charterparty clauses to be incorporated, both the bill of lading and the charterparty need to overcome a set of hurdles, which are popularly known as “the rules of incorporation”. It is equally clear that while these rules establish the formulas to incorporate, they also cause numerous discussions a ...
... charterparty clauses to be incorporated, both the bill of lading and the charterparty need to overcome a set of hurdles, which are popularly known as “the rules of incorporation”. It is equally clear that while these rules establish the formulas to incorporate, they also cause numerous discussions a ...
seeking justice in transitional societies: an analysis of the problems
... 17. Section 138(1) of the Evidence Act provides that “if the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal, it must be proved beyond reasonable doubt.” Evidence Act, (1990) Cap. 112, § 138(1) (Nigeria). 18. CONSTITUTION, art. 36(11) (1999 ...
... 17. Section 138(1) of the Evidence Act provides that “if the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal, it must be proved beyond reasonable doubt.” Evidence Act, (1990) Cap. 112, § 138(1) (Nigeria). 18. CONSTITUTION, art. 36(11) (1999 ...
Article - The Yale Law Journal
... mechanism—rather than informal case management strategies—to cope with the problems of overzealous attorneys and clogged dockets. Unlike informal case management techniques that are judge-initiated and allow judges broad discretion, the summary judgment mechanism relies on the parties to frame dispu ...
... mechanism—rather than informal case management strategies—to cope with the problems of overzealous attorneys and clogged dockets. Unlike informal case management techniques that are judge-initiated and allow judges broad discretion, the summary judgment mechanism relies on the parties to frame dispu ...
Discretion, Delegation, and Defining in the Constitution`s Law of
... This Article takes no position on whether these laws exercise the Offenses power. Both certainly have other constitutional roots, which in many ways provide a more natural basis for the respective legislation. This Article treats military commission and alien tort cases as Offenses power issues beca ...
... This Article takes no position on whether these laws exercise the Offenses power. Both certainly have other constitutional roots, which in many ways provide a more natural basis for the respective legislation. This Article treats military commission and alien tort cases as Offenses power issues beca ...
judicial recusal in new zealand: looking to procedure as the
... Judges are reminded of the importance of adjudicating impartially upon joining the bench. The judicial oath proclaims that judges must "do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill will".4 To be impartial, one must be detached and ...
... Judges are reminded of the importance of adjudicating impartially upon joining the bench. The judicial oath proclaims that judges must "do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill will".4 To be impartial, one must be detached and ...
Access to justice in sub - Saharan Africa
... encouraging such systems, by adopting or transforming some of their processes, or by facilitating a more collaborative approach between such systems and formal justice systems. Indeed, there have been proposals that some elements of informal justice should be incorporated into formal state processes ...
... encouraging such systems, by adopting or transforming some of their processes, or by facilitating a more collaborative approach between such systems and formal justice systems. Indeed, there have been proposals that some elements of informal justice should be incorporated into formal state processes ...
Volume 59, Issue 1 - Stanford Law Review
... (supposedly) fixed requirements, excusing courts from hearing cases they otherwise must. Federal-court abstention and supplemental jurisdiction likewise work to relax jurisdiction’s (seemingly) inflexible limits—the first releasing courts from duties that otherwise bind them, the other permitting co ...
... (supposedly) fixed requirements, excusing courts from hearing cases they otherwise must. Federal-court abstention and supplemental jurisdiction likewise work to relax jurisdiction’s (seemingly) inflexible limits—the first releasing courts from duties that otherwise bind them, the other permitting co ...
British Journal of American Legal Studies
... problem. It misallocates resources, undermines trust in government, and contributes to the growing gap between the rich and the poor. Systemic corruption occurs when political representatives routinely face options that advance their own interests at the expense of the public, and for which there is ...
... problem. It misallocates resources, undermines trust in government, and contributes to the growing gap between the rich and the poor. Systemic corruption occurs when political representatives routinely face options that advance their own interests at the expense of the public, and for which there is ...
Publication - Det juridiske fakultet
... legislation at all, but it is for the parliaments themselves to decide whether legislation is within the bounds of the constitution. It marked a significant shift from earlier constitutional practice in Norway, for instance, the first country in Europe to acknowledge judicial review. In Sweden and F ...
... legislation at all, but it is for the parliaments themselves to decide whether legislation is within the bounds of the constitution. It marked a significant shift from earlier constitutional practice in Norway, for instance, the first country in Europe to acknowledge judicial review. In Sweden and F ...
Due Process as Separation of Powers
... (1936); Edward S. Corwin, The Doctrine of Due Process of Law Before the Civil War, 24 HARV. L. REV. 366, 371 (1911); Frank H. Easterbrook, Substance and Due Process, 1982 SUP. CT. REV. 85 (arguing that “due process” refers to common law procedures in place in 1791 plus any amendments made by the leg ...
... (1936); Edward S. Corwin, The Doctrine of Due Process of Law Before the Civil War, 24 HARV. L. REV. 366, 371 (1911); Frank H. Easterbrook, Substance and Due Process, 1982 SUP. CT. REV. 85 (arguing that “due process” refers to common law procedures in place in 1791 plus any amendments made by the leg ...
Due Process as Separation of Powers
... (1936); Edward S. Corwin, The Doctrine of Due Process of Law Before the Civil War, 24 HARV. L. REV. 366, 371 (1911); Frank H. Easterbrook, Substance and Due Process, 1982 SUP. CT. REV. 85 (arguing that “due process” refers to common law procedures in place in 1791 plus any amendments made by the leg ...
... (1936); Edward S. Corwin, The Doctrine of Due Process of Law Before the Civil War, 24 HARV. L. REV. 366, 371 (1911); Frank H. Easterbrook, Substance and Due Process, 1982 SUP. CT. REV. 85 (arguing that “due process” refers to common law procedures in place in 1791 plus any amendments made by the leg ...
View PDF - Notre Dame Law Review
... gloss as a far-ranging international human rights statute. In this sense, the Kiobel decision was a positive step. At the same time, Kiobel’s weighty reliance on where the relevant conduct giving rise to an ATS action took place is unduly restrictive.19 In some cases the United States may have been ...
... gloss as a far-ranging international human rights statute. In this sense, the Kiobel decision was a positive step. At the same time, Kiobel’s weighty reliance on where the relevant conduct giving rise to an ATS action took place is unduly restrictive.19 In some cases the United States may have been ...
RTF version - Federal Court of Australia
... citizens, found themselves in situations where no formal law existed and therefore where relations with foreign citizens could (often) not be resolved by existing domestic institutions. Such persons required more than the juristic body of law offered. In time they provided their own solution, by dev ...
... citizens, found themselves in situations where no formal law existed and therefore where relations with foreign citizens could (often) not be resolved by existing domestic institutions. Such persons required more than the juristic body of law offered. In time they provided their own solution, by dev ...
Appeal Number: DA/00311/2013 Upper Tribunal (Immigration and
... criminality and of the gravity of his offending. Next, we draw attention to the summary contained in paragraph 17, where the Tribunal draws together a number of the factors in the equation before it. Following this, the Tribunal made a series of findings and evaluative assessments which are containe ...
... criminality and of the gravity of his offending. Next, we draw attention to the summary contained in paragraph 17, where the Tribunal draws together a number of the factors in the equation before it. Following this, the Tribunal made a series of findings and evaluative assessments which are containe ...
CIS/77/1992
... the calculation of the housing costs at the date of the decision being reviewed, namely 20 December 1989. In other words, I do not consider that the review of the decision dated 20 December 1989 would entitle the adjudication officer to review the decision dated 8 August 1988 restricting the housing ...
... the calculation of the housing costs at the date of the decision being reviewed, namely 20 December 1989. In other words, I do not consider that the review of the decision dated 20 December 1989 would entitle the adjudication officer to review the decision dated 8 August 1988 restricting the housing ...
Constitutional Dialogue and the Justification of Judicial Review
... judicial supremacy. In a common law legal order there must be a dialogue between courts and legislature; and questions of constitutional authority are resolved by a mode of adjudication faithful to the legislative intent, fairly construed, within the constraints of reason that the rule of law provid ...
... judicial supremacy. In a common law legal order there must be a dialogue between courts and legislature; and questions of constitutional authority are resolved by a mode of adjudication faithful to the legislative intent, fairly construed, within the constraints of reason that the rule of law provid ...
Judicial Activism – Justice or Treason?
... derive most of their force from normative paradigms of the judicial task. It is because of the our ideas about role of courts in society, for instance, settling disputes or enforcing legal obligations that we require judges to be impartial, unbiased, listen to both parties, and, yes, perhaps justice ...
... derive most of their force from normative paradigms of the judicial task. It is because of the our ideas about role of courts in society, for instance, settling disputes or enforcing legal obligations that we require judges to be impartial, unbiased, listen to both parties, and, yes, perhaps justice ...
judicial activism - Dr.MCR HRD Institute
... • In 1893, Mahmood of the Allahabad High Court delivered a dissenting judgment • Sparse mention of Activism - Justice Krishna Iyer’s use in 1974 • 1979 – Bihar Undertrial Prisoners ...
... • In 1893, Mahmood of the Allahabad High Court delivered a dissenting judgment • Sparse mention of Activism - Justice Krishna Iyer’s use in 1974 • 1979 – Bihar Undertrial Prisoners ...
Precedent Power Point
... Decisions, made by Higher Courts, will be binding on lower courts in the same hierarchy. In other words, lower courts, in the same hierarchy, must apply the same reasons for decisions, when dealing with similar cases, as those applied by higher courts , in earlier decisions. This principle is calle ...
... Decisions, made by Higher Courts, will be binding on lower courts in the same hierarchy. In other words, lower courts, in the same hierarchy, must apply the same reasons for decisions, when dealing with similar cases, as those applied by higher courts , in earlier decisions. This principle is calle ...
Judicial Implementation
... Philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand when they offend a judge’s own sense of ...
... Philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand when they offend a judge’s own sense of ...
Jan 15 Public Law
... executive. Thus Senior and Supreme Court judges hold office ‘during good behaviour’ and may only be dismissed following a vote of both Houses of Parliament (s.11 Senior Courts Act 1981, s.33 CRA). ...
... executive. Thus Senior and Supreme Court judges hold office ‘during good behaviour’ and may only be dismissed following a vote of both Houses of Parliament (s.11 Senior Courts Act 1981, s.33 CRA). ...
The Doctrine of Precedent
... precedent and is free to depart from its own previous decisions. Decisions from the ECJ are binding on all courts in England & Wales. ...
... precedent and is free to depart from its own previous decisions. Decisions from the ECJ are binding on all courts in England & Wales. ...
Ouster clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of Anisminic Ltd. v. Foreign Compensation Committee (1968), the House of Lords held that ouster clauses cannot prevent the courts from examining an executive decision that, due to an error of law, is a nullity. Subsequent cases held that Anisminic had abolished the distinction between jurisdictional and non-jurisdictional errors of law. Thus, although prior to Anisminic an ouster clause was effective in preventing judicial review where only a non-jurisdictional error of law was involved, following that case ouster clauses do not prevent courts from dealing with both jurisdictional and non-jurisdictional errors of law, except in a number of limited situations.The High Court of Australia has held that the Constitution of Australia restricts the ability of legislatures to insulate administrative tribunals from judicial review using privative clauses. Similarly, in India ouster clauses are almost always ineffective because judicial review is regarded as part of the basic structure of the Constitution that cannot be excluded. The position in Singapore is unclear. Two cases decided after Anisminic have maintained the distinction between jurisdictional and non-jurisdictional errors of law, and it is not yet known whether the courts will eventually adopt the legal position in the United Kingdom. The Chief Justice of Singapore, Chan Sek Keong, suggested in a 2010 lecture that ouster clauses may be inconsistent with Article 93 of the Constitution, which vests judicial power in the courts, and may thus be void. However, he emphasized that he was not expressing a concluded view on the matter.In contrast with total ouster clauses, courts in the United Kingdom have affirmed the validity of partial ouster clauses that specify a time period after which aggrieved persons can no longer apply to court for a remedy.