Not exact matches
The Supreme Court on July 30, 2014,
declared the use of the card
unconstitutional, holding that the
Provision permitting the use of the card which was contained in the Constitutional Instrument (CI 72) was inconsistent with the Constitution.
While Arizona's tax - credit programs were fully vindicated by both the Arizona and U.S. Supreme courts, 10 the voucher programs were
declared unconstitutional by the Arizona Supreme Court in Cain v. Horne under a
provision of the state constitution that prohibits appropriations of public funds «in aid of» private and sectarian schools.11 In the wake of Cain v. Horne, the legislature passed Lexie's Law, 12 a corporately funded scholarship - tax - credit program to help fund private school scholarships for children with disabilities.
The San Francisco - based 9th U.S. Circuit Court of Appeals, relying on Johnson,
declared this
provision of the Immigration and Nationality Act
unconstitutional.
However, WSIAT does not have the jurisdiction to
declare a
provision of the WSIA to be universally
unconstitutional.
Today the Slovenian Constitutional Court published a decision with which it
declared as
unconstitutional a legal
provision requiring for same - sex partnership registration to be done at the official administrative office premises only.
The unions responded by bringing a motion to institute proceedings to have certain
provisions of the 2010 Act
declared unconstitutional.
When a campaign funding law comes before the Roberts court, the only question seems to be whether the justices will rule narrowly to limit the
provision being challenged or to
declare the law itself broadly
unconstitutional.
State Immunity from Federal Disability Discrimination Laws:
Provisions of the ADA and Rehabilitation Act
Declared Unconstitutional, 8.
This means that workers with current chronic stress claims, such as Margery Wardle who suffered mental stress injury from years of sexual harassment on the job, are still ineligible for compensation under legislative
provisions that the Workplace Safety and Insurance Appeals Tribunal has on three occasions
declared unconstitutional.
A judge of the Ontario Superior Court of Justice
declared the impugned
provisions of the Act
unconstitutional by reason of violating the Applicants» right to vote under s. 3 of the Charter, and the violation was not justified under s. 1.
(When I taught first year constitutional law, I would give my students a list of cases where various legislative
provisions had been
declared unconstitutional, to let them know that often the law changed only because someone was trying to avoid the consequences of their actions.)
The Chief Justice decides «to
declare the hearing fee scheme as it stands
unconstitutional and leave it to the legislature or the Lieutenant Governor in Council to enact new
provisions, should they choose to do so» (par.
The Washington Post reports in the Sept. 7/07 article Judge Invalidates Patriot Act
Provisions that a judge has
declared portions of the U.S. Patriot Act to be
unconstitutional:
~ B.C. Supreme Court not entitled to
declare provisions of Criminal Code
unconstitutional and contrary to Charter in light of 1993 decision of Supreme Court of Canada holding impugned
provisions to be constitutionally valid ~
In the result, the judge
declared the impugned
provisions to be
unconstitutional and of no force and effect to the extent they prohibited physician - assisted suicide in the case of a «fully - informed, non-ambivalent competent adult patient who: (a) is free from coercion and undue influence, is not clinically depressed, and who personally (not through a substitute decision - maker) requests physician - assisted death; and (b) is materially physically disabled or is soon to become so, has been diagnosed by a medical practitioner as having a serious illness, disease or disability... is in a state of advanced weakening capacities with no chance of improvement, has an illness as determined by reference treatment options acceptable to the person, and has an illness causing enduring physical or psychological suffering that is intolerable to that person and can not be alleviated by any medical treatment acceptable to that person».