Sentences with phrase «courts under article»

The U.S. Bankruptcy Court was created pursuant to Article I in 1978, but operates under the auspices of the U.S. District Courts under Article III.

First, it is debated whether members of the public have adequate standing before the EU Courts under Article 263 (4) TFEU for an annulment action, as the AC would require for environmental matters.

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

Teaching With Documents Lesson Plan: Documents Related to Brown v. Board of Education Use primary source material from the National Archives to learn about the 14th Amendment, primarily the equal protection clause, as well as the powers of the Supreme Court under Article III of the U.S. Constitution.

I am, for present purposes, prepared to proceed on the basis that this is the likely outcome of any request to the Erbil Court under Article 6.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

This will assist in her further deliberations concerning any preliminary examination she may independently undertake, including in the event an ICC State Party decides to refer the matter to the Court under articles 13 (a) and 14.

Morasse filed a motion for contempt against Nadeau - Dubois for his comments in the interview, and the latter was found guilty of contempt of court under article 50, para. 1 of the Code of Civil Procedure.

Not exact matches

They point out that Israeli settlement in those territories is illegal under Article 49 of the Fourth Geneva Convention, and has been declared illegal by the International Court of Justice.

Perhaps the U.S. Congress will be able to invoke its powers under section five of the Fourteenth Amendment; perhaps Congress can use its powers under Article III to alter the Court's appellate jurisdiction.

In a statement, the DORH said: «State Attorney's Office in Osijek opened the investigation against Croatian citizen (1985) due to the existence of reasonable doubt that when giving testimony before the County Court in Osijek committed a crime against justice by giving false testimony under Article 305, paragraph 1 of the Criminal Code / 11.

Therefore, the Court is persuaded that the congressional act of extending the time period for ratification was an improper exercise of Congress» authority under article V.

Finally, if 1/20/09 comes and goes with a usurper in the Whitehouse (that is, Obama is definitely NOT an Article II «natural born citizen» — dad Kenyan / British citizen at BHO's birth — albeit he MAY be a 14th Amendment «citizen») with usurper enablers in Congress and the Supreme Court... God help us because many of the people will — rightfully and under our Constitution and Declaration of Independence — endeavor through other means to take back the Government from what is nothing less than a non-constitutional coup d'etat.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

Article 34 of the protocol (RATIFICATION) stipulates that» at the time of ratification on this protocol or anytime thereafter, the state shall make a declaration accepting the competence of the court to receive cases under article 5 (3) of this prArticle 34 of the protocol (RATIFICATION) stipulates that» at the time of ratification on this protocol or anytime thereafter, the state shall make a declaration accepting the competence of the court to receive cases under article 5 (3) of this prarticle 5 (3) of this protocol.

(C) The declaration of Ghana: -» Ghana accepts the competence of the court to receive cases against the Republic of Ghana under article 5 (3) of the protocol» (sign): 09/02/2011 and Deposited 10/03/2011

In Catt this week, the High Court decided that retention of data on protesters within the National Extremism Tactical Coordination Unit (NETCU) database neither engages nor interferes with the right to privacy under Article 8 of the European Convention of Human Rights (ECHR).

A statement signed and released on Monday, 22 August by Communications Minister Dr. Edward Omane Boamah said: «The President of the Republic of Ghana, His Excellency John Dramani Mahama, has, in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the Constitution, remitted the remainder of the prison sentence imposed on three persons: Salifu Maase (alias Mugabe), Alistair Nelson, and Ako Gunn, who were sentenced to four months» imprisonment and a fine of GHS10, 000.00 each for contempt of court.

«Mr. Alfred Agbesi Woyome has sent this aspect of the case to the African Court on Human and Peoples» Right in Arusha Tanzania by invoking Article 40 read together with Article 75 of the 1992 constitution of The Republic of Ghana under case number Ref: AfCHPR / Reg.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

The Supreme Court upheld the Plaintiffs case and held that the Defendant was disqualified from standing for election for the office of the President under Article 94 (2)(c)(i) of the 1992 Constitution.

Under the immigration bill, the way the courts interpret article eight of the European convention on human rights.

Second, that the independence of the Electoral Commission notwithstanding, the Supreme Court, having found an act or action of the Commission to be unconstitutional, is vested with power under the Constitution (article 2 (2)-RRB- to compel the Commission to take such steps or actions as the court deems appropriate to undo or remedy the constitutional violaCourt, having found an act or action of the Commission to be unconstitutional, is vested with power under the Constitution (article 2 (2)-RRB- to compel the Commission to take such steps or actions as the court deems appropriate to undo or remedy the constitutional violacourt deems appropriate to undo or remedy the constitutional violation.

I consider it immoral that Evans Amankwah and Abigail Elom Mensah who were reported on the internet on the evening of 8th August 2017 to have petitioned on 7th August 2017 to the General Secretary of the National Democratic Congress under Article 45 of the NDC Constitution to take disciplinary action against, me, Martin A. B. K Amidu pursuant to Article 47 thereof choose to publish their petition to the press to court cheap popularity in the interim.

Astorino said Westchester County is filing an Article 78 proceeding asking the courts to require a review under the state's environmental quality review act.

The MTA only took action after I was forced to sue under an Article 78 Proceeding to seek, reinstatement, back pay and attorney fees, whereupon the Transit Authority admitted in court that they were not aware of my falsifying any and all documents.

They ought to be warned that their modus operandi will not lead to reasoned dialogue and reconciliation with me but may push me to invoke my right pursuant to Article 2 and 130 of the Constitution so that the Supreme Court may settle once and for all whether or not under Article 55 of the Constitution a political party can gag a citizen from defending, and upholding the Constitution demonstrated with a Supreme Court judgment simply because he is perceived to be a member of that political party.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

A mere reference to a provision of the constitution for a court lower than the Supreme Court to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution&racourt lower than the Supreme Court to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution&raCourt to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution&racourt, if it comes to the interpretation of any provisions in the constitution».

In June 2012, the «peeved and remotely controlled» Martin Alamisi Amidu instituted an action at the Supreme Court of Ghana against the Attorney General, Waterville Holdings (BVI) Limited, Austro Invest and Mr. Alfred Agbesi Woyome, coming under Articles 2 and 130 respectively of the 1992 Republican Constitution of Ghana.

Mr. Ampaw added that the invocation of the President «s power under article 72 will in a way undermine the powers of the Supreme Court judges.

She's not acting on behalf of the Supreme Court; she is acting under her own (pretty vast) authority as a federal judge under Article III of the Constitution, and issuing the order from a district cCourt; she is acting under her own (pretty vast) authority as a federal judge under Article III of the Constitution, and issuing the order from a district courtcourt.

The Court examined the applicant's complaints under Articles 8 and 9, with emphasis on the latter.

Mr Woyome who claims his human rights has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana has sent this aspect of the case to the African Court on Human and Peoples» Right in Arusha Tanzania by invoking article 40 read together with article 75 of the 1992 constitution of The Republic of Ghana under case number Ref: AfCHPR / Reg.

According to Alhaji Muntaka, the police invitation to the MPs undermines the authority of parliament and also interferes with the work of a parliamentarian, who is insulated under Article 117 of the Constitution and Order 22 of the Standing Orders of Parliament from any arrest or court orders in the performance of his or her official duties.

High Court rule that Government do not have power to trigger Article 50 under royal prerogative.

Meanwhile, Mr Kofi Kyere, who is a High Court Registrar has also been dismissed without benefits by the Judicial Council for stated misbehaviour under Article 151 (1) of the 1992 Constitution according to the statement.

The Supreme Court in 2010 upheld the rights of prison inmates to vote in general elections under Article 42, 1992 of Ghana's Constitution.

Currently, a five - member committee presided over by Justice A.A Benin of the Supreme Court, is investigating the EC chair and her two deputies as prescribed under Article 146 of the 1992 Constitution.

Backing his claim with Article 13 of the Constitution which says «no person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted,» the caucus leader and Minister for Parliamentary Affairs said, «I do not think that the constitution, in so far as a matter is criminal, frowns upon the use of force to the extent that it may even deprive some other people of their lives.

He stated that the Committee was not a fault - finding one, and is established under Article 103 of the Constitution with the powers of a High Court and therefore tasked managers of the country's resources to ensure value for money in their expenses on behalf of Ghanaians.

This article appeared in print under the headline «Pregnant female ray forced to fend off courting males»

Therefore the Court found that expressing this kind of opinions does not fall under the protection of the freedom of expression according to article 10 (1) of the European Convention of Human Rights and Fundamental Freedoms.

UPDATE: Dunn has a new article on the Endrew F. case, «Special Education Standards,» released online in April after the Supreme Court unanimously ruled that, under the Individuals with Disabilities Education Act (IDEA), public school students with disabilities are entitled to greater benefits than some lower courts had determined..

provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision petition as defined in articles three and seven of the Family Court Act will be fcourt, a juvenile delinquency petition or person in need of supervision petition as defined in articles three and seven of the Family Court Act will be fCourt Act will be filed;

The Minnesota Supreme Court upheld a busing statute allowing private school students to ride on public school buses against a challenge brought under one of Minnesota's Blaine Amendments (Article XIII, Section 2) because the program's primary purpose and effect was neither to benefit nor support religious schools, despite providing incidental and indirect encouragement of private school attendance.

In a new report submitted to the court, the joint «McCleary» Committee argued that they are now in compliance with their «paramount duty» under Article IX in the State Constitution.

The Wisconsin Supreme Court upheld the Milwaukee Parental Choice Program from a legal challenge under Wisconsin's «uniformity provision» (Article X, Section 3).

The Colorado Supreme Court upheld the Colorado higher education grant program against a challenge brought under one of its Blaine Amendments (Article IX, Section 7) because the program benefits students, not their schools, because it is available to private as well as public school students, and because it eliminates any danger of indirectly supporting religious missions by attaching statutory conditions on the use of the money.

A California Court of Appeals upheld a community college's temporary lease of surplus land to a religious organization at fair market value under California's second Blaine Amendment (Article XVI, Section 5).