Sentences with phrase «constitutional law against»

In a nutshell, expectation of privacy is a zone of protection created by constitutional law against unreasonable searches and seizures.

Not exact matches

Protestors have complained against changes to the constitutional court, surveillance reforms as well as changes to media law.

A key reason for this is because a number of China's main commercial partners in South America have strict laws, sometimes including constitutional restrictions, against importing foreign labor.

Richard Posner, a judge of the U.S. Seventh Circuit Court of Appeals, in a New York Times op - ed co-authored December 2 with Law Professor Eric Segall, takes Supreme Court Justice Antonin Scalia to task for threatening America with a «majoritarian theocracy» because of his repeated dissents, since Lawrence v. Texas, against the expansion of homosexual «rights» as a matter of Constitutional solicitude.

Although the power of Congress to forbid slavery in federal territories was well - established, Sandford argued that slaves were private property of the sort protected by the Constitution against deprivation without due process of law, and that therefore Congress lacked any constitutional authority to ban slavery in the territories.

Constitutional Republics (especially those that used the U.S. Constitution in part or wholesale as a Constitution model) are governments where the highest law of the land are laws that restrict the government (in the U.S. the government is the only legal entity that can commit illegal offenses against the constitution).

But in 2014, something changed: A little - known, poorly funded Constitutional law professor named Zephyr Teachout ran against Cuomo in the Democratic primary and captured a third of the vote, proof that not only was a restive progressivism already brewing in the pre-Trump, pre-Sanders era, but that the party's liberals didn't care much for their governor.

That is not someone talking about just a marriage license, and if Judge Vaughn Walker's reasoning is upheld, it is hard to believe that any law that discriminates against gays would be constitutional.

Presidential pardons are reinforced by the constitutional prohibitions against double jeopardy and ex post facto laws.

Simply writing the religious affiliation into the law would likely violate constitutional restrictions against making laws which include obvious religious discrimination.

It's impossible to come up with a loophole free law as there are constitutional limits on laws that discriminate against religion.

Our client, however, remains undeterred by the desperate efforts of some individuals to intimidate him and bend his will and rights against the constitutional provisions, the framework of Nigeria Police Force Act and the laws of the land.

He said, «The trial judge distinguished the Lagos State case from the present one, and held that whereas the court of Appeal so held against Lagos State environmental sanitation days on the ground of same not being a creation of law thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos calaw thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos caLaw of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos case.

Abimbola further explained that Kayode Oloyede in his suit urged the court to set aside the environmental sanitation days in the state on ground of not being constitutional and lawful as well as praying to the court to adopt the position taken against Lagos State by the Court of Appeal in a suit which struck down the Lagos State environmental day as being unconstitutional same not having been created by any existing law.

Consequently, a fundamental argument against using embryonic stem cells and therapeutic cloning can not be derived from existing constitutional law and additional court decisions.

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

The judge argued that the state law, «when measured against Supreme Court precedent... falls woefully short of constitutional requirements» in the restrictions it placed on access to abortion for pregnant girls under age 18.

In the late 19th and early 20th centuries, on a wave of anti-Catholic sentiment, many states had passed prohibitions, constitutional and legislative, against funds for nonpublic schools, laws aimed at Catholic parochial schools.

Back in February they asked the attorney general — I say asked, they called it a «legal demand» — to start proceedings against the law, citing seven putative constitutional violations.

That would seem to raise constitutional problems because the U.S. Supreme Court has interpreted the Free Exercise Clause in the First Amendment to the Constitution to prohibit the government from enacting laws that discriminate against any religious group or activity.

His ruling also said that the law violated the constitutional protection of contracts, and the prohibition against taking a person's property.

Because constitutional law AR attys know if they can target rationally, the human behavior, then they can rationally keep bad laws against dogs.

Arauz also filed suit against the Fisheries Institute and the Customs and Public Transportation Ministries at the Constitutional Court, Costa Rica's highest court, for failing to abide by current customs law.

The necessary remedy is for the courts to use the Canadian Charter of Rights and Freedoms (Part I of The Constitutional Act, 1982), much more aggressively against governments and law societies because they control the resources necessary to make the justice system work adequately.

In its recent ruling in Egenberger (C - 414 / 16), the Court's Grand Chamber has redrawn the boundaries of a constitutional problem German courts are rather familiar with: the horizontal application of the right not to be discriminated against in situations coming within the scope of EU law.

The right of any individual or entity to bring a criminal prosecution is regarded by UK law as a constitutional safeguard against the failure or refusal of a State prosecutor to prosecute an offender.

Reforms to the Amparo Law that took place during 2013 made it possible to bring a constitutional challenge against private entities or individuals that...

The majority opinion of Justice Stewart was specifically approved by a unanimous Supreme Court of Canada in Hunter v Southam Inc., [1984] 2 SCR 145 where Justice Brian Dickson held, at p. 159, that s. 8 of the Charter containing the constitutional protection against unreasonable search and seizure is not restricted to the protection of property or associated with the law of trespass, at p. 159: «[I] n Katz... Stewart J. delivering the majority opinion of the United States Supreme Court declared at p. 351 that «the Fourth Amendment protects people, not places».

In another lawsuit, he challenges the constitutionality of the federal Violence Against Women Act, alleging that the law «was created by feminist organizations to provide alien wives alleging abuse a fast track to permanent residency by violating the U.S. Constitutional rights of citizen husbands.»

Introducing a constitutional right to equality that every law and government action can be tested against;

This reasoning would apply anywhere in the U.S. and is not specific to a particular state or territory as double jeopardy is a principle of U.S. Constitutional law that applies directly in federal courts (including the courts of territories and commonwealths) and indirectly through selective incorporation against the states via the 14th Amendment.

Her research areas are socio - cultural legal studies, gender studies, law against discrimination, comparative constitutional law, constitutionalism and governance.

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.

For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

In Goodwin, a group of about seven drivers, who had been issued 90 - day licence suspensions after refusing to provide samples, made a constitutional challenge against the law.

And just two weeks ago, OpenMedia joined with Coalition member BC Civil Liberties Association to launch a ground - breaking constitutional challenge that aims to stop government spying against law - abiding Canadians.

Reforms to the Amparo Law that took place during 2013 made it possible to bring a constitutional challenge against private entities or individuals that perform activities equivalent to those performed by government authorities.

the entire Charter into jeopardy, undermines the rule of law, and goes against the fundamental role of judges as the protectors of Canada's constitutional rights.

If there is a constitutional argument against mandatory gun ownership laws, it does not stem from the 2nd Amendment.

Single Mothers» Alliance v BC is a constitutional challenge against the Province of BC and the Legal Services Society for failing to provide adequate family law legal aid to women leaving abusive relationships.

No constitutional or public policy issues can arise about enforcement against the KRG and KRI under Articles 42 and 43 of the Arbitration Law where there is an effective waiver and there is nothing that could be referred to the UAE Supreme Court in that connection.

... In a proceeding brought by or against the regulated party, the court shall decide all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency.

«like Charles Evans Hughes, Sr., later Mr. Chief Justice Hughes, who stood up for the constitutional rights of socialists to be socialists and public officials despite the threats and clamorous protests of self - proclaimed super patriots — men like Charles Evans Hughes, Jr., and John W. Davis, who, while against everything for which the Communists stood, strongly advised the Congress in 1948 that it would be unconstitutional to pass the law then proposed to outlaw the Communist Party — men like Lord Erskine, James Otis, Clarence Darrow, and the multitude of others who have dared to speak in defense of causes and clients without regard to personal danger to themselves.

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;

Julian undertakes advisory and judicial review work in the field of public and constitutional law for central and local government, other public authorities, and individuals, and has been instructed for and against government on issues of major public importance.

To apply this to constitutional rather than statutory texts, some minor adjustments are in order, notably to account for the fact that constitutions are not (primarily) enacted against a common law background, but the substance of this principle is still relevant in the constitutional context — all the more so since Canadian constitutional texts are, for the most part, statutes in form.

Under the anti-commandeering principle of Printz, however, state law that discriminates against federal law by withdrawing state assistance should be constitutional.

Candidates had to satisfy a number of criteria, including experience of advocacy in the higher courts, experience in constitutional and administrative law, knowledge of the devolution settlement in Wales and of divergences between the law in England and in Wales, experience of working for or against the government or other public bodies and an appreciation of the particular characteristics of government litigation.

We do not interpret Constitutional case law as supporting the view that a federal agency's review of information pursuant to statutory mandate violates the Fifth Amendment protections against forced self incrimination.

In this program, we engage Nesson's key arguments, focusing especially on Nesson's claim that copyright law's statutory damages regime runs afoul of constitutional protections against excessive and / or arbitrary civil damages awards.