There can be no room in the due process of criminal justice for the jury to import factors outside the ambit of factual evidence. |
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When good men were railroaded without a shred of due process, who was speaking up? |
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I think that the administration was correct in postponing it because of some due process concerns. |
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What has happened to the concept of the rule of law, due process and the presumption of innocence? |
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There is no remonstrance that carries its message so clearly as a reversal order which upholds due process. |
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The procedures of the Japanese trial were grossly divergent from American legal standards of due process. |
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Their admission deprived the defendant of his constitutional rights of due process of law and a fair trial. |
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Two clauses were responsible, the equal protection clause and the due process clause. |
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At some point, the judiciary may need to get involved in that procedure to legitimize it and give the detainees some due process. |
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Thus in defending the rule of law, we must ourselves respect and be bound by the due process of law and the rules of natural justice. |
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Essentially, what this process is portraying is a system void of due process for students. |
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The Magna Carta is often regarded as one of the first instruments which documented due process. |
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Some landlords are also evicting people without so much as an appearance in court, in violation of due process. |
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They claimed the constitutional right abridged was the right to due process of law. |
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The rules of due process were designed to ensure that the government cannot arbitrarily imprison innocent people. |
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A bill of attainder is the ultimate violation of both due process and separation of powers. |
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This process allows for a full impartial investigation and due process for the accused. |
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We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. |
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Basic inalienable rights, due process, the sanctity of the home have been quickly compromised in a climate of fear. |
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The Mental Health Act provides the framework to ensure due process and respect for the rights of patients. |
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He is entitled to due process because that is the freedom for which we are fighting! |
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The judicial system does not ensure due process, and prisoners are often tortured. |
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This organization is pledged to work for justice in the church and for the implementation of due process procedures. |
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There is no way earlier cohorts of illicit immigrants are going to be deported except through due process which may be redefined if necessary. |
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All submitters were listened to and questioned by the committee, and due process was followed in our select committee. |
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The impunity of police and denial of due process to victims is disturbing to rights activists. |
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No state could abridge those privileges or immunities, or deny any person due process or the equal protection of the law. |
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Furthermore, unschooled pragmatism tends to set aside questions of due process, or of rights. |
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Isn't privacy analysis based on substantive due process an example of illegitimate, activist judicial review? |
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The Soviets executed soldiers on an infinitely greater scale, either after due process or as summary military punishment. |
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The road will be largely unmapped, bumpy and regularly interrupted by the nasty, high, speed-breakers of due process and democracy. |
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If an application was submitted it would be given due process under the planning laws. |
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You are allowing the Executive to lock people up arbitrarily, perhaps for life, without due process. |
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From start to finish, the treatment of the defendants was a travesty of legal due process. |
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The 1918 law, the Court held, violated the liberty of contract protected by the due process clause of the Fifth Amendment. |
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The due process clause permits military justice but restricts its application to the armed forces or to the militia during times of war. |
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Waiting for due process of the legitimate legal system seems a small price to pay to save even one screwed-up teenager. |
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A shadow government has emerged, which issues executive fiats undermining constitutional guarantees of privacy, due process and free speech. |
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It not only stifled dissent, it bred a whole new rhetoric antipathetic to civil liberties and due process of law. |
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How can we justify in effect canceling the Fifth Amendment, nullifying due process, and allowing for indefinite incarceration without a trial? |
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Moreover, citing a breach of their canonical right to due process, some priests are appealing to Rome. |
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Of course, we must not lose sight of due process and fair trial rights. |
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The staff again urged that the dismissal action be rescinded and that any further action be in conformity with generally accepted standards for academic due process. |
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The ensuing civil procedural history became a matter of prolonged legal debate on due process, but the religious coercion and its conundrums remained. |
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To name culprits who had not defended themselves and were not obliged to do so would have been the moral equivalent to convicting someone without due process. |
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Lawyers will recognize this as related to present-day incorporation through the due process clause, but this differs in requiring no showing of fundamentality. |
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The legality of any such expropriation, nationalization or comparable measure and the amount of compensation shall be subject to review by due process of law. |
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Furthermore, due process required that all available means of dispute settlement should be exhausted before decisions became final. |
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Trying dictators and taking due process seriously is far more difficult than dispensing mob justice or letting mass murderers go scot-free. |
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I think it is absolutely critical that we bend over backwards to make sure that we accord due process including to the refugee claimant process. |
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We are building new prisons that meet the standards of human rights monitors and streamlining legal procedures to ensure due process in due time. |
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A fortiori, Congress also possesses ample authority to prevent chaos, turmoil and violations of due process in presidential elections. |
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Third, we take pains to make certain that there's no mob mentality leading to a lynch mob and the lynching of anyone without due process. |
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As long as they're consistent with fair warning and due process, as I think this would be, we have to go forward. |
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The EU calls on the Maldivian authorities to ensure that due process is observed. |
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The main focus of attention is the use of torture to extract confessions and more generally the lack of due process. |
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The process leading to these decisions must be improved and there must be constant reflection on how to improve and protect due process. |
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That request appertains to access to justice and the right to due process before the European Courts. |
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The High Court found the due process clause in the Constitution was violated by the excessiveness of the award. |
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It exists to ensure due process and to strike down the law when it finds that due process is not assured. |
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In that sense, the domestic criminal law due process model, standing alone, is insufficient. |
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In addition there are Legislative provisions, orders and best practices that support a wider range of human rights adjunctive to due process. |
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The subject maintains he must be deemed innocent unless proven guilty with due process. |
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The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. |
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All we can say in relation to his appointment is that he applied for the job, we took up his references and he was appointed to the post after due process. |
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Flouting the law and denying due process, the authorities did not consult residents before evicting them. |
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Under that article, all detainees must be treated humanely and have a right, if charged, to due process. |
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It is disrespectful to go through due process and then revert to a decision made outside the group. |
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I entirely regret this result, but one must live as a democrat with due process. |
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Mistreatment of criminal suspects and violations of due process rights are standard fare, while conviction rates are abysmal. |
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Canada advocates full respect for safeguards and due process of law where the death penalty is still in use. |
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Each competition authority remains fully responsible for ensuring the due process of cases it deals with. |
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Impact of the process time of the file on the due process and fairness duties of the Agency. |
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They also require legal advice about their rights to due process in disciplinary and other proceedings. |
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In February, Al-Shabaab reportedly sentenced 11 people to one year of imprisonment for robbery in Mogadishu, without due process. |
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Women and children in these centres are held under appalling conditions, and denied the right to a due process of law. |
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A refugee committing a serious crime in the country of refuge is subject to due process of law in that country. |
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The establishment of such a link ignored the rights of due process and the principle of the presumption of innocence. |
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The new system should be professionalized and should be consistent with relevant rules of international law, the rule of law and due process. |
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Moreover, his right to re-testing, his due process rights and his right to pursue a livelihood were denied, contrary to the Charter. |
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Sure, but that doesn't necessarily mean that it comports with due process to end judicial review when there is a significant chance of exoneration still to be explored. |
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No matter how heinous the charge, everyone is entitled to due process. |
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First, how could a defeated enemy be condemned without due process of law? |
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If we have a system that allows due process, let us exhaust the process. |
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Actions by the state need to be evidence-based and due process needs to be accorded to all communities living in Ireland. |
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To their chagrin, neutral observers have questioned the adequacy of due process in these cases. |
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She told her children that our country was the place to go in that it was wedded to the idea of due process which, I believe, first found expression in Magna Carta. |
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Non-consensual federalization of troops must be done under the banner of preserving judicial authority or due process, rather than for the purpose of preserving law and order. |
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In fact, the Court mentioned these cases in passing and relied on the due process clause of the fourteenth Amendment. |
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To deny a person employment or to sack them on such grounds is an abuse of natural justice and due process because they have already received the legally appropriate penalty. |
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Surely there must be a due process of checking and verification. |
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Policy considerations of crime control versus due process come into play. |
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Those principles are now central to determining what is due process. |
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Obviously, if these procedures are sufficient for American citizens, they are more than enough for foreign detainees who have no colorable claim to due process rights. |
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Undermining fundamental liberties, such as indefinite detention without due process, however, is another matter altogether, one as likely to fuel problems as quell them. |
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The Council has been left in no doubt as to the strength of feeling in this House about the internment without due process of Guantanamo Bay prisoners. |
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In the absence of fundamental respect for due process, prisoner complaints may not be viewed as legitimate challenges but as insubordination to be responded to with punitive measures. |
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Such an established due process would ensure adequate recourse to consequences of failure of responsibility and provide mechanisms for naming and shaming and further steps as necessary. |
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I would suggest that I send a note to the Committee on Legal Affairs and the Internal Market to seek an update and to seek reassurance that the engagement with the relevant authorities in Spain is advancing by due process. |
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It seemed that due process was lacking in cases under the Act, given that witnesses were apparently allowed to conceal their identity and that they were not cross-examined. |
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However, this is a seemingly arbitrary determination without criteria or process, which inherently prefers some lives before others, a notion also at variance with principles of equality and due process. |
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Moreover, the sudden transfer of the persons under arrest constitutes in itself a violation of the right to legal security, to personal liberty and to due process. |
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No society has ever been made safer by trashing due process of law. |
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Notice and takedown provides a process that provides due process, but it doesn't require us to take someone to court under a penalty of potentially thousands of dollars of liability. |
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My reaction was that this will never be allowed to be a fear as long as I live and breathe when someone is placed under suspicion without the benefit of due process. |
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But on various occasions States have expressed concern that it does not meet fundamental due process standards, thus indicating that the Council may not be getting the razor's edge balance exactly right. |
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Any action against Zia must illustrate due process of law and transparency. |
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To withhold such information would be to replace public accountability with unverifiable assertions of legality by the Government, inverting the very idea of due process. |
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Our charter should reflect the right to own property and the right to not be deprived of it without due process of law and compensation that is both just and timely. |
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Over the years, the Congolese executive branch has had recourse to special judicial and quasi-judicial entities as a means of sidestepping the minimal due process requirements of regular courts. |
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She was not granted due process and should never have been detained. |
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Again, on February 4, 2010, the FSIN chiefs in assembly followed due process in giving the political direction to downsize and depoliticize the First Nations University board of governors. |
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We followed due process and gave political direction to downsize and depoliticize the First Nations University board of governors, thereby dissolving the board. |
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Nicholas Church in the Parma, Ohio, Byzantine Eparchy, has frequently been called in as an expert on cases involving clerical due process. |
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Indeed, such is the determination to rush this report through that we abandon due process in this House to a degree that would make a despot blush! |
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Unless there is cogent, compelling evidence and reasons to the contrary, it can be presumed that due process was adhered to and in the circumstances the legal maxim omnia praesemuntur rite esse acta is applicable. |
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Prolonged pretrial detention is a serious problem, and judicial corruption, inefficiency, and executive interference undermine due process. |
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Opponents of Garrido declared this a violation of due process and held their own elections. |
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She apparently had received the procedures required by due process of law in ample measure. |
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I am opposed to this bill because I believe it would compromise some of the fundamental principles of our justice system by circumventing due process which is a fundamental right in any democracy. |
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This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. |
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Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice. |
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The Supreme Court unanimously ruled that state loyalty oath legislation violated the due process clause of the Fourteenth Amendment. |
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Most of its investigations — investigations that are selective, highhanded and a mockery of due process — are aimed at enforcing its dubious rules. |
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Both devices would allow the Senate to bypass the ordinary due process rights that all citizens had. |
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After the Civil War, however, the adoption of the 14th Amendment enjoined the states from denying any person due process of law or equal protection of the laws. |
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The idea that young people are not yet fully mature is supported by research on young people's culpability, ability to participate meaningfully in criminal proceedings, and to understand and appreciate due process rights. |
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Again... If, two years back, say, Tony Blair had gone to Edinburgh and backed a devolution review without due process and an explicit role for Gordon, there'd have been the devil to pay. |
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They can ensure that closures don't happen without due process and consultation, and offer advice on savings, such as streamlining back-office operations or co-locating a library with other services. |
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In spite of our rejection of these dishonourable acts of impropriety, we believe that those who will be held accountable will receive due process. |
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Subject to applicable legislation and due process, it must provide the Crown with immediate, unconditional, unencumbered access to the full amount of the security. |
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Unfair trial and lack of due process are very frequent, as children are often not provided with adequate legal assistance, have confessed under threat, and are not listened to. |
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The Government intended to resurrect due process, expunge extra-judicial modalities and objectives, and promote political harmony and reconciliation. |
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Recent evidence suggests that citizens do not want the public service to veer from its role of guardian of the public interest, or, by implication, its focus on equity and due process. |
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But it is more plausible to blame the trial's flaws on a legal system that has only imperfectly made the leap from being venal and biddable under dictatorship towards judicial independence and due process. |
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Canada ought to reserve the right to deal with these individuals in a way that is appropriate, that is in keeping with our traditions of due process and the like. |
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Lastly, while substantive rights may stem from due process, the Bill of Rights does not protect against the expropriation of property by the passage of unambiguous legislation. |
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Knowing that they faced arrest, they sought protective custody in the House of Representatives, which granted it to them and affirmed their right to due process. |
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It was pointed out that any discussion regarding predetermination of whether an act of aggression had been committed must be guided by considerations of due process. |
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Human rights defenders asserted that there was no functional judicial system in the area and that cases were dealt with by the authorities without due process. |
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Six Cities of Refuge were established to provide protection and due process for any unintentional manslayers. |
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The Federal Court noted further that the guarantee of due process does not give the person concerned an unlimited and unconditional right to bring a dispute to court. |
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It forbids the states to abridge the privileges or immunities of citizens of the United States, or to deprive any person of life, liberty, or property without due process of law. |
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Governments must not resort to mandatory or arbitrary detention of asylum seekers or to other procedures that do not comply with the standards of due process. |
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Texas doesn't regulate private occupational insurance, which often provides fewer due process rights and stingier benefits than workers' comp. |
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In these specific circumstances I believe that this is acceptable in view of due process, although it implies that elements of incrimination result from a single accusation. |
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The right to life also means that if the death penalty is imposed, it is only for the most serious crimes and carried out conformably with due process of law and pursuant to a final judgment rendered by a competent court. |
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This is strikingly true of cases under the due process clause. |
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According to some sources, in the time of Edward III, by the law of the land had been substituted by due process of law, which in those times was a trial by twelve peers. |
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All legal procedure, for example, is concerned with due process. |
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Parliamentary supremacy is cited by contemporary American legal historians as the reason English law did not develop due process in the American sense. |
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It is similar to the American concepts of fair procedure and procedural due process, the latter having roots that to some degree parallel the origins of natural justice. |
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Traditionally, both accounting standards boards receive written and oral comments on due process documents only from statement preparers and attestors. |
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