Sentences with phrase «based on constitutional law»

«Democrats are not a [protected] class based on constitutional law; it's evaluated on whether there was a rational basis — and Congress has several.»

Not exact matches

Indeed, the courts are more likely to focus on whether there is «an adequate factual basis for singling out these specific countries as distinct sources of risk,» Richard Pildes, a professor of Constitutional Law at New York University, told Business Insider in an email.

Now, some constitutional law purists (not to mention a number of criminal law professors) maintain that the criminal law power should not be used for matters of regulation as opposed to outright prohibitions based on grounds of morality.

In general, based on the 2003 interview, it doesn't look like Santorum knows how to talk or think about this issue very well; he doesn't, for example, appear to know how to distinguish the three levels of the right to privacy debate: a) the natural rights level, b) the Constitutional level, and c) the plain - old law level, state and federal.

«The laws of nature and of nature's God» ultimately are our constitutional order: to be a citizen of America is to adhere without qualification to the regime based on those principles.

They did so, quite correctly, on the basis of British constitutional law.

In his veto message, Cuomo wrote he is blocking the bill from becoming law based on similar constitutional concerns he raised last year.

The aide also rebuffed suggestions by constitutional law experts that the Senate can not block Blagojevich's appointment of Burris on the basis that «anyone appointed by Gov. Blagojevich can not be an effective representative of the people of Illinois,» as the top five Democrats in the Senate asserted Tuesday in a statement.

Mitchell Kane, a professor of tax policy at NYU Law School, said courts have basically shut down constitutional challenges to federal tax legislation on grounds of differential treatment across citizens, absent discrimination based on some protected class.

Another Lagos - based lawyer, Mr. Ebun - Olu Adegboruwa, also said the Ekiti law may come in conflict with the constitutional provision on the rights of citizens to freedom of movement.

The NAACP's civil - rights complaint is based on what's known nowadays as «disparate - impact analysis,» which is to say that if a seemingly objective and even - handed procedure yields a result that is not equitably distributed by race (or gender, handicapping condition, whatever), it is presumed to be discriminatory on grounds forbidden under sundry civil - rights laws and constitutional provisions.

A college partnership laboratory school shall be subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services.

When it comes to the online assistance, we have a team of Constitutional Law assignment writers associated with us who hold a specialisation in this subject and have experience in guiding the students on the topics based on it.

They include international instruments such as treaties and declarations; nationally based standards such as constitutional provisions and national laws; certification schemes such as the Worldwide Responsible Apparel Production (WRAP); and voluntary initiatives that are adopted by businesses on a voluntary basis (Report 4).

Law schools are accredited on the basis of mandatory courses in torts, contracts, property, criminal and constitutional lLaw schools are accredited on the basis of mandatory courses in torts, contracts, property, criminal and constitutional lawlaw.

Should not any serious autonomy analysis be based on the rule of law realities of the internal market rather than on constitutional rhetoric?First step would be to acknowledge that the Court or EU law can not wipe away the various rule of law problems?

The legal opinion provided to the law society on Nov. 16, 2016, which I've made available here, spells out the constitutional basis far more clearly than anything I've seen thus far, including some quite embarrassing commentary from legal academics (i.e. Pardy).

While the reasoning contains some points on EU law (the SCC mentions the cases of Melki and Abdeli [Joined Cases C ‑ 188 / 10 and C ‑ 189 / 10], A v B and Others [C - 112 / 13] and Kernkraftwerke Lippe - Ems GmbH v Hauptzollamt Osnabrück [C - 5 / 14] to explain that national constitutional proceedings can not hinder EU preliminary references), the conclusion is reached mostly on the basis of Spanish constitutional law.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

A caveat applies that the Supreme Court of Canada separately considered the constitutional and the international aspects of secession whereas the democratic aspects of independence referendums were expressly based on Canadian constitutional law.

Home Daily News 7th Circuit blocks disability abortion ban;... Constitutional Law By Debra Cassens Weiss Posted April 20, 2018, 3:34 pm CDT A federal appeals court has upheld a permanent injunction blocking an Indiana law that banned abortions based on race, sex, ancestry, Down syndrome or other genetic disordeLaw By Debra Cassens Weiss Posted April 20, 2018, 3:34 pm CDT A federal appeals court has upheld a permanent injunction blocking an Indiana law that banned abortions based on race, sex, ancestry, Down syndrome or other genetic disordelaw that banned abortions based on race, sex, ancestry, Down syndrome or other genetic disorders.

139] This is interesting, because as far as I am aware the CJEU has not yet held that Member States are able to derogate from provisions of secondary EU law on the basis of their national constitutional identity.

«the EEC Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of law.

The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19law by the Human Rights Act 1998.

«It is unnecessary to rest our decision on the uncertain meaning of [federal law] when the Minnesota Constitution alone provides an independent and adequate state constitutional basis on which to decide.»

I'd love to see someone bring a constitutional challenge against legislation creating barriers to justice on the basis that it violates the principle that we are governed by the rule of law.

On the other hand: «In contrast, the EEC Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of laOn the other hand: «In contrast, the EEC Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of laon the rule of law.

The SCC wrote, recently, albeit in a different context, «Bad law, fixed up on a case - by - case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.»

And, I suppose there's some reason to consider there's some basis for believing the fact that the Ontario Court of Appeal and the British Columbia Court of Appeal seem to have different views on the law regarding causation could be some basis for believing there's something about the law regarding causation that's a wee bit controversial (even accepting that the division of powers structure in the Constitution Act means that that conflict IS constitutional).

Bad law, fixed up on a case - by - case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.

It will remain to be seen whether the law survives constitutional challenges on the basis that the law pre-empted by federal patent law but it does show frustration with some types of patent infringement actions.

«We decide cases based on constitutional principles in the Supreme Court, but our goal is to strive for stability and predictability in the law,» said Justice Wright.

He was awarded CJFE's 2016 - 17 Bob Carty Free Expression Fellowship to undertake legal and historical research on the constitutional and Common Law basis of the public's right to know.

Canada's constitutional relationship with its Aboriginal peoples is based on both ethics and law, and clearly meets the proximity requirements for establishing a common law duty of care.

Based on these findings, the government appointed five commissioners to lead the inquiry: Marion Buller (chief commissioner, member of the Mistawasis First Nation and first Indigenous woman appointed to British Columbia's provincial court bench), Michèle Audette (former president of the Native Women's Association of Canada), Brian Eyolfson (human rights lawyer), Marilyn Poitras (constitutional law expert) and Qajaq Robinson (lawyer raised in Nunavut).

The authority for the establishment and maintenance of the Bar as an integrated bar association is a 1949 rule of the Supreme Court based on the Court's constitutional authority to regulate the practice of law in Florida.

Second, and as noted above, McLachlin C.J. spoke of a possible constitutional challenge to the law of consent on the basis that it may be «unrealistic» in its exclusion of advance consent.

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.

Constitutional / Aboriginal Law: s. 15 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518) To establish a prima facie violation of s. 15 (1), a claimant must demonstrate the law at issue has a disproportionate effect on the claimant based on membership in an enumerated or analogous group; and the specific evidence required will vary depending on the context of the claim, but «evidence that goes to establishing a claimant's historical position of disadvantage» will be relevaLaw: s. 15 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518) To establish a prima facie violation of s. 15 (1), a claimant must demonstrate the law at issue has a disproportionate effect on the claimant based on membership in an enumerated or analogous group; and the specific evidence required will vary depending on the context of the claim, but «evidence that goes to establishing a claimant's historical position of disadvantage» will be relevalaw at issue has a disproportionate effect on the claimant based on membership in an enumerated or analogous group; and the specific evidence required will vary depending on the context of the claim, but «evidence that goes to establishing a claimant's historical position of disadvantage» will be relevant.

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

It is tempting for people used to constitutional frameworks where legislation can be invalidated for inconsistency with the supreme law to look down on a decision based on administrative law grounds, which can be overridden by legislation.

Amex Bank of Canada v. Adams et al. 2014 SCC 56 Banks and Banking — Constitutional Law — Consumer Law — Creditors and Debtors — Quebec Obligations Summary: This class action was authorized respecting repayment of the conversion charges imposed by Amex Bank of Canada on credit card and charge card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec's Consumer Protection Act (CPA).

Bank of Montreal v. Marcotte et al. 2014 SCC 55 Banks and Banking — Constitutional Law — Consumer Law — Creditors and Debtors — Damage Awards — Damages — Practice — Quebec Procedure Summary: This class action and two others were launched, seeking repayment of the conversion charges imposed by several credit card issuing financial institutions (banks) on credit card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec's Consumer Protection Act (CPA).

Indlaw is part of the Indianlawonline project which was launched in April 1997 as a collaborative exercise between professionals and academicians based in U.K. and in India to build an electronic legal library to enable solicitors, advocates, students and clients to have access to information on various primary and secondary legal documents like the constitutional texts, parliamentary debates, case law, Parliamentary and State enactments and delegated legislation in both India and the U.K. Indlaw is today a leading provider of easy - to - use comprehensive and cost - effective legal, tax and regulatory information on the Internet.

Notable cases that have upheld the constitutional protection of religiously - based practices include: the right of Jehovah's Witness» parents to deny a blood transfusion that was medically advised for their daughter; the right of condominium owners to build dwellings on their balconies for the Jewish festival of «Succot» in the face of by - laws prohibiting construction on balconies; and the right of a Sikh boy to wear a «kirpan» (a dagger with a metal blade) to school despite a school - board prohibition of weapons.

Based on ground - up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles.

[3] On the basis of the applicant's cassation appeal with the Supreme Administrative Court by order dated 9.5.2012, No. 6 Ads 18/2012 -82, reversed in accordance with Article 267 of the Treaty on the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech RepubliOn the basis of the applicant's cassation appeal with the Supreme Administrative Court by order dated 9.5.2012, No. 6 Ads 18/2012 -82, reversed in accordance with Article 267 of the Treaty on the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republion the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republion the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republion the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republion the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republion the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republic?

Seoul - based law firm Anguk Law Offices announced Tuesday that it had filed a constitutional appeal on Dec 30 over the South Korean government's recent cryptocurrency trading regulations, calling them an «infringement of property rights», The Korea Times reporlaw firm Anguk Law Offices announced Tuesday that it had filed a constitutional appeal on Dec 30 over the South Korean government's recent cryptocurrency trading regulations, calling them an «infringement of property rights», The Korea Times reporLaw Offices announced Tuesday that it had filed a constitutional appeal on Dec 30 over the South Korean government's recent cryptocurrency trading regulations, calling them an «infringement of property rights», The Korea Times reports.

Megan Davis, in her role as Director of the Indigenous Law Centre based in the Faculty of Law at the University of New South Wales, heads a research project on constitutional reform and Indigenous peoples.

On this basis, the Social Justice Report 2000 recommended as the third pillar of a rights framework, constitutional amendments to entrench non-discrimination in Australian law, examination of proposals for a Bill of Rights, acceptance of a series of social justice principles to underpin negotiations with Indigenous people, and consideration of the possibility of a treaty.