Sentences with phrase «constitutional protection which»
Plus we have other constitutional protections which act as inhibitors against hateful speech.
https://www.rocketlawyer.com/ Not exact matches
Such Constitutional protections have ensured that federal programs such as Medicare, the Veteran Administration's TRICARE system (which provides benefits for active duty members of the military and their families), and the Emergency Medical Treatment and Active Labor Act (EMTALA) apply the same rules to everyone they cover.
«If it's determined that a prospective law violates the constitutional protections to freedom of religion to which all Canadians are entitled,» Kenney said on Parliament Hill, «we will defend those rights vigorously.»
Constitutional Amendment 14 (this one specifically applies to Pan's Bill): ``... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.»
We should be uncomfortable with governmental bans on minor religious festivals, or with judges deciding which festivals are important enough to deserve full constitutional protection and which are not.
To these one might add such instances as the constitutional protection of slavery which led some radical abolitionists to repudiate that document; the massive violation of civil liberties during World War I; and the internment of Japanese - American citizens during World War II.
Its curators» decisions to display particular objects, such as the Artifact, in the Museum are not state actions to which Constitutional protections apply.»
Despite our constitutional protection of freedom of speech and despite our vaunted openness, we do not now enjoy a climate of opinion that encourages us to improve our opinions, or to replace them with knowledge or truth — partly because we have become too sophisticated to believe that there are any truths about this subject, separate, of course, from the ones which those in power allegedly «construct.»
The criminal code bill, which the parliament approved in August and President Bidhya Devi Bhandari signed last Monday, establishes further constitutional protections for Hinduism (which 80 % of the population practices) by restricting religious conversion and «hurting of religious sentiment,» or blasphemy.
Virtually the entire Bill of Rights has now been applied against the states, achieving three revolutionary results at once: 1) The original understanding of federalism has been obliterated, so that the states exercise their power now largely at the sufferance of the Supreme Court; 2) The Due Process and Equal Protection clauses of Section 1 have become a kind of witches» cauldron from which an exotic brew of postmodern nostrums has been fed into the bloodstream of the political culture; 3) The Supreme Court has successfully arrogated to itself more or less exclusive powers of constitutional interpretation.
«Mr. Bloomberg's hypocritical support of constitutional protections, only when they don't impact the New York City budget, coupled with his uneducated and uninformed statements on the issue, serve to fan the flames of aggression, and undermine the potential for peaceful resolution of these matters, while perpetuating a long dormant policy of Indian termination which dates back to the days of General Custer's failed battle of Little Bighorn.»
@Avi it is not necessary to look at the 14th amendment; constitutional protections for non-citizens go back at least to the bill of rights, which also use the words «person» and «people» rather than «citizen.»
Simon Hughes, Liberal Democrat constitutional affairs spokesman and MP for Southwark and Bermondsey, said: «The extra protection which the Met is putting into south London is very welcome.
Normally, that by itself, should shield any one of the states which enacted Traditional Marriage protections against interlopers entering the state and demanding that their fake Sodomite «marriage» be recognized as valid, but in this day and age of a runaway judiciary, it is best that we somehow pass a Constitutional Amendment defining Traditional Marriage and / or slapping the hands of rogue jurists away from the issue altogether.
Lawmakers also said Cuomo is violating the constitutional protection of separation of powers by investigating lawmakers through campaign filings they made to the Board of Elections, which is in the executive branch.
Bernstein's legal costs are being underwritten by the Electronic Frontier Foundation, a group based in Washington DC, which campaigns for the extension of constitutional protection to the Internet.
Regarding the first two groups, without running afoul of constitutional protections, states can curtail retiree health care, as Wisconsin and Ohio did, which frees up some resources to apply to immutable pension obligations.
This means that excluding religious schools may violate not one but three separate constitutional provisions: the equal protection clause, the free exercise clause (which protects the free exercise of religion), and the free speech clause.
This past April, the California Court of Appeals unanimously struck down the controversial Vergara v. California decision, in which a Los Angeles County Superior Court judge ruled that five longstanding teacher protections — including a two - year probationary period for new teachers and a layoff system based on how many years one's been teaching — violated students» constitutional right to an equal education.
This week, The Wall Street Journal published an op - ed by Theodore J. Boutrous, Jr. and Joshua S. Lipshutz, two lead members of the legal team behind Vergara v. California and the new federal education equality lawsuit, Martinez v. Malloy, in which the attorneys make the case for a constitutional right to education and federal legal protections for disadvantaged students.
The President of Slovakia uses various vehicles from the Office for the Protection of Constitutional Officials and Diplomatic Missions which has more than 230 cars for the president, prime minister, ministers and state visits.
Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled — that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress.
The company, argues that Wilken incorrectly applied a test of whether the use of the image was «transformative,» which would give Electronic Arts constitutional protection, by looking only at Keller's image rather than «NCAA Football» as a whole.
In general, the restrictions would be easier to make in the U.K. which does not have a robust first amendment constitutional protection of free speech, than it would be in the U.S.
Accordingly the book opens with a part on EU Constitutional Law, which ends however with a short chapter on judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Individuals.
In addition, SB4 is already under attack by the City of Houston and other jurisdictions on numerous constitutional grounds, which focus on the constitutional requirements for arrests, searches, seizures, due process, and equal protection.
The proper remedy is not to abuse the LSUC's administrative authority to blackball TWU grads, but to lobby the BC government to end its statutory protection for TWU's conduct (assuming that doing so doesn't raise constitutional issues — which it might).
There, an adult movie theatre had been shut down under obscenity laws and the court was trying to determine whether constitutional protections apply to those forms of speech which are obscene.
The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media — consistent with the Department's Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.
Then again, we've had secret laws, secret interpretations of those secret laws by the DOJ, and secret courts in which all of those secrets are secretly litigated and constitutional protections are supposedly secretly observed, and this has all been going on for quite a while.
The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.
Constitutional protection of the Aboriginal and treaty rights of Canada's Aboriginal peoples means that when an activity is proposed which has the potential to negatively impact those rights, government has a constitutional duty to consult and accommodate the affected AborConstitutional protection of the Aboriginal and treaty rights of Canada's Aboriginal peoples means that when an activity is proposed which has the potential to negatively impact those rights, government has a constitutional duty to consult and accommodate the affected Aborconstitutional duty to consult and accommodate the affected Aboriginal groups.
Building upon MPAO, which affirmed the constitutional protection of meaningful collective bargaining, the majority held that «the right to strike is constitutionally protected because of its crucial role in a meaningful process of collective bargaining.»
This course of remark does not affect their right to their property, if this court shall consider that property has been taken from them by proceedings which violate a contract; and in a case where this court has a constitutional right to interpose for its protection and restoration.
Further, it introduces new provisions which may jeopardize or undermine the constitutional protections guaranteed in the Canadian Charter of Rights and Freedoms.
'' [A] s the manifest purpose of the constitutional provisions, both of the states and of the United States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...»
Some specific cases may be referred or brought directly to the Constitutional Court if a law or government action is being challenged which is based on protections under the Constitution.
provincial laws, including those related to natural resource development, apply to lands for which Aboriginal title is claimed or is proven, subject to justification and the constitutional protection against unreasonable infringement;
The first thing I noticed is that the tragic demonstration of the raw lobbying power of Big Tech: The litigation reach back safe harbor seems to still be in there which is designed to deny due process and other Constitutional protections to songwriters whose works are infringed prior to the enactment of the Music Modernization Act.
The law is suggesting that animals have more rights than children which directly contradicts the constitutional values of the UK and provisions enacted for citizens» personal protection under the Human Rights Act 1998.
«The exercise of what amounts to censorship, then, can legitimately be viewed as the stifling of commercial free speech, which has constitutional protection.»
Since its establishment in 1986, the Human Rights and Equal Opportunity Commission has successfully worked to foster greater understanding, respect and protection of human rights in Australia, with a particular focus on sex, race and disability discrimination, as well as the rights of Indigenous Australians.However, proposals contained in the Australian Human Rights Commission Legislation Bill 2003 have the potential to significantly undermine the integrity, independence and efficiency of the Commission.For further information on the Commission's major concerns with the Australian Human Rights Commission Legislation Bill 2003, which is currently being reviewed by the Senate Legal and Constitutional Committee click on the links below: