Example sentences of "[prep] which [art] courts " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | In this chapter we will chiefly be concerned with three of the most crucial sets of decisions for which the courts are responsible : remand decisions ( whether accused persons are freed on bail or remanded in custody ) ; jurisdiction decisions ( whether they are tried in the magistrates ' court or committed for trial in the Crown Court ) ; and sentencing decisions . |
| 2 | The point we wish to make is that , even when these other factors are taken into account , decisions for which the courts are themselves directly responsible do have a major part to play in determining imprisonment rates . |
| 3 | Secondly , a recent comparison between rates of imprisonment in England and Wales , and Australia ( two countries whose criminal justice systems are not too dissimilar ) offers even firmer evidence that differences in the use of imprisonment between the two jurisdictions are largely the outcome of decisions for which the courts themselves are responsible . |
| 4 | For the use made of imprisonment as a penalty , together with the size of the prison population , and a good many other aspects of the penal system are the result of policy decisions ( or , to be more precise , a refusal to develop a coherent policy ) for which the courts share collective responsibility , together with other criminal justice agencies , and , of course , government itself . |
| 5 | ‘ ( 1 ) The ex turpi causa defence ultimately rests on a principle of public policy that the courts will not assist a plaintiff who has been guilty of illegal ( or immoral ) conduct of which the courts should take notice . |
| 6 | As the authorities which I have cited demonstrate , the visitor is applying not the general law of the land but a peculiar , domestic law of which he is the sole arbiter and of which the courts have no cognisance . |
| 7 | These are , in fact , matters of which the courts have to an extent been prepared to take notice in the past . |
| 8 | Paragraph ( c ) is a quite extraordinary delegation ( if not abdication ) of legislative responsibility , of which the courts may have some difficulty in making sense . |
| 9 | The question whether artificial ventilation should or should not be applied is , so the argument proceeds , an entirely medical one with which the courts will not interfere . |
| 10 | ‘ The case may be said to be a good example of the stringency with which the courts scrutinise transactions of guarantee entered into at the instance of a debtor who is likely to be in a position to exert influence on the surety and in circumstances in which the surety can derive no conceivable benefit from the transaction . |
| 11 | The view taken by the majority was surprising as the decision of the minister not to intervene was clearly one of policy with which the courts are usually reluctant to interfere . |
| 12 | If , for example , the alleged error relates to the construction of a term with which the courts are familiar then this will tend towards substitution of judgment , whereas more specific or technical matters will normally lead to a greater degree of discretion being granted to the agency , the legal conclusion being expressed in the form of the rational basis test . |
| 13 | The stringency with which the courts have applied the criteria of relevancy has varied in different areas and there has been an unwillingness to declare invalid administrative decisions simply because the applicant could point to one ‘ relevant ’ factor which the authority did not take into account . |
| 14 | The Criminal Justice Act 1991 endorses the severity with which the courts view these offences and strengthens their powers to protect the public from offenders . |
| 15 | The ratio of Nat Bell , that no evidence does not constitute a jurisdictional error , was simply the natural consequence of a conception of jurisdiction under which the courts would not reassess the meaning ascribed to the constituent elements of jurisdiction . |
| 16 | In the area of competition and canvassing there are three general headings under which the courts will examine the existence of reasonableness of a restraint : 4.1 Restricted activities If the employer seeks by contractual restraint to restrict the activities of a former employee by proscribing the types of business in which the employee may become engaged once employment is over then he can only do so if he can establish a close connection betwee the restriction and the work done by the employee prior to leaving . |
| 17 | He questioned whether it would be possible to prosecute them with any chance of success with the present rules of evidence and he would be against proceeding if it meant changing the way in which the courts worked . |
| 18 | Useful guidance of a general nature can be found in the ACAS handbook Discipline at Work , and the law reports provide numerous examples of the way in which the courts and tribunals have dealt with specific cases . |
| 19 | Thirdly , the respect in which the courts are held gives their decisions an influence out of proportion to the number of cases they deal with . |
| 20 | The conflict arose over the way in which the courts were administered and was a result of the application of managerial principles propagated by the Thatcher administrations of the 1980s . |
| 21 | We have been referred to several recent cases , of which Padfield v. Minister of Agriculture , Fisheries and Food is the best example , in which the courts have stressed that in the ordinary way a minister should give reasons , and if he gives none the court may infer that he had no good reasons . |
| 22 | Another case in which the courts appeared to be in conflict with ministers was Gouriet v. Union of Post Office Workers , in which the plaintiff sought an order from the court to restrain the defendant trade union from breaking the law by refusing to handle mail to South Africa . |
| 23 | In fact , independently of current concern about the constitution , there has been a trend to " judicial activism " that has resulted in a situation in which the courts have shown a much greater willingness to become involved in challenging the use of ministerial discretion and prerogative powers . |
| 24 | The subsequent years were characterised by a host of cases on natural justice in which the courts were concerned not just with the content of those rules but with the criterion for their applicability . |
| 25 | A third way in which the courts have moved from considerations of procedural form to substance , is by interpreting the concept of fairness as allowing them to consider , in a general sense , whether the decision reached was fair and reasonable . |
| 26 | A second way in which the courts have indirectly imposed a requirement to state reasons is by labelling the result reached in their absence as arbitrary . |
| 27 | A third way in which the courts can indirectly inquire into the reasoning process is by examining the evidence which the decision-maker used to arrive it his jurisdictional findings ; the court can then assess whether that evidence justified the findings which were made . |
| 28 | If the X question states that a ‘ Minister may intervene if he thinks it necessary or desirable , ’ then the only way in which the courts can maintain control is to require the minister to provide some evidence to justify his action . |
| 29 | Whether this sense of unreasonableness is needed at all , and the way in which the courts have manipulated it , well be one of the matters discussed . |
| 30 | The way in which the courts have interpreted improper purposes , relevancy and unreasonableness must now be examined in more detail . |