Sentences with phrase «federal constitutional»

This is a very, very controversial piece of legislation and it's seeing busloads of Floridians showing up in Tallahassee in protest of this legislation and what they believe it will do to Florida home owner's legal rights under state real estate law as well as their federal constitutional right to due process.

Both documents, taken together, are described by the Combined Aboriginal Nations of Central Australia as «the Indigenous blueprint for constitutional development in the NT with equal relevance for federal Constitutional development» (43).

69 The headscarf issue achieved significant prominence in 2003, when the Federal Constitutional Court ruled that teachers could wear headscarves, as this did not in principle impede the values of the Constitution, but that individual states were free to prohibit public school teachers from wearing headscarves as they saw fit within their own borders.

A case in point is the Federal Constitutional Court's OMT - decision that has, as Justice Lübbe - Wolff pointed out in her minority opinion, «incalculable consequences for the operating currency of the euro zone and the national economies depending on it».

Hence, as it very often happens in Germany, the Federal Constitutional Court will very likely have to decide on the question.

«The federal constitutional requirement that both houses of a state legislature must be apportioned on a population basis means that, as nearly as practicable, districts be of equal population, though mechanical exactness is not required,» the Chief Justice wrote.

Moreover, the German Federal Constitutional Court famously submitted a preliminary question to the ECJ in the OMT - ruling.

At least, such a reading finds support in the public reception of some orders for a preliminary reference: The first reference of the Federal Constitutional Court to the ECJ in the OMT - ruling was predominantly depicted in the media as if the Court shrunk from making its own decision and left the last word on this matter to the ECJ.

While each individual has the right to seek post-conviction relief of his conviction and sentence, there is no federal constitutional guarantee that a lawyer be appointed in state proceedings.

In any event, this is not what follows from the conception of the Federal Constitutional Court: This jurisprudence requires the Court to make a reference before it finds an act of EU law ultra vires but the Court still reserves to itself that power for the aftermath of an ECJ decision.

One could take the position that national constitutional courts, especially the Federal Constitutional Court, have finally become reasonable and accept their EU obligation to make a submission.

While admission to hospital is potentially life - long, the Federal Constitutional Court (Bundesverfassunsgericht) has stated that the length of involuntary hospitalisation must be directly related to the severity of the offence as well as the risk of recidivism.

That's fine for some work, but not state or federal constitutional issues, research in jurisdictions with limited jurisprudence, and almost all common law issues.

Thus for example, in Germany, in 2015, the Federal Constitutional Court ruled that a ban on teachers wearing Islamic veils at schools was not compatible with religious freedom and that veils did not pose a threat to the school's learning environment.

Abstention, said the court, was inappropriate for RLUIPA, federal constitutional, and Fair Housing Act claims, as the Plaintiffs sought to «vindicate important constitutional rights» despite the connection to zoning law.

Moreover, a state court injunction is not per se sacred where federal constitutional questions are involved.

For each topic I would compile (a) the relevant federal constitutional provision, statute or regulation; (b) a sampling of state / local regulations; (c) a leading case and (d) a secondary source (newspaper article or law review article) to provide context.

«Unlike the Congress of the United States, the General Assembly of Virginia functions under no grant of power»... The General Assembly, in «represent [ing] the sovereign authority of the people» is restricted only by the Constitution of Virginia «in express terms or by strong implication»... [I] t is a restraining instrument, and... the General Assembly... possesses all legislative power not prohibited by the Constitution»... In short, «[u] nless forbidden by some State or Federal constitutional provision,» the General Assembly's «powers are plenary.

One of the Flint lawsuits, filed in November against the state and local governments and various officials in U.S. district court in Ann Arbor, makes a federal constitutional argument.

With regards to subject matter, the caseload in federal court will involve issues dealing with federal constitutional and statutory law.

Finally, consolidation helps account for the enormous tension that is characteristic of our current regime when federal constitutional rights are, ultimately, dependent upon the decisions of the Supreme Court.

Among other things, state courts can not extend federal constitutional protections beyond the limits the Supreme Court itself sets; this leaves individuals with fewer places to turn to protect their rights.

Farzad Family Law Scholarship 2014 Should the right to marry for same - sex couples become a federal constitutional right by amendment to the United States Constitution or remain a State issue?

Richard Dolan said...» [T] his case was tried in a federal court... where one would have hoped that federal constitutional rights might have received more serious attention.»

Furthermore, Art. 90b of the Criminal Code prohibits disparaging the constitutional organs of the German state (the Bundesrat (federal council), the Bundestag (Federal Parliament), the federal government and the federal constitutional court) or similar organs of a federal state «in a manner detrimental to the respect for the state» which «thereby intentionally supports efforts against the continued existence of [Germany] or its constitutional principles».

And the Court's unenumerated rights caselaw provides a strong case for recognizing a presumptive federal constitutional right to self - defense.

Incorporation of federal constitutional protections, as defined by the Supreme Court, has displaced state constitutional law as the principal source of individual rights.

The German Federal Constitutional Court has declared the nuclear fuel tax unconstitutional this week, which is bad news for the German treasury and the government's nuclear energy policy.

If state courts are the authoritative expositors of state law, and they choose, as a matter of state procedural law, to be bound by a federal precedent that isn't otherwise binding as a matter of federal law, I don't see how that raises any kind of federal constitutional concern under the Supremacy Clause.

The same theme has recurred in the opinions of the Attorneys General of several States holding religious exercises or instruction to be in violation of the state or federal constitutional command of separation of church and state.

It was interesting that this case was tried in a federal court (Judge Bennett, D Md.), where one would have hoped that federal constitutional rights might have received more serious attention.

While Wallonia's opposition to the Canada - EU Comprehensive Economic and Trade Agreement has received considerable attention, a recent decision of the German Federal Constitutional Court shows that CETA faces more fundamental hurdles than most Canadian and European leaders are willing to acknowledge.

Our cases include allegations from federal constitutional challenges to state tort violations.

’82 Christian Albrecht University, Germany Judge, Federal Constitutional Court of Germany, Former President of Bucerius Law School

A Richmond Circuit Court denies a motion to stay proceedings in this Virginia constitutional challenge to a state legislative redistricting plan, as the federal constitutional challenge to the plan pending in federal district court does not involve the same parties...

You mentioned, The power falls to the States to regulate traffic since it's not mentioned in the federal constitution, As long as the States don't violate the federal constitutional provisions.

While you agree that there is no federal constitutional power to regulate driving.

it is both your inalienable right along with your Federal Constitutional right!

However, the Federal Constitutional Court pointed out that the German legislature is obliged to improve the law within the next year in order to assure that the interests of minorities are not being neglected.

Currently representing municipality in defending an action with Religious Land Use and Institutionalized Persons Act (RLUIPA) and federal constitutional claims.

The trial then gets underway with opening statements by attorneys for the plaintiffs (Ted Olson & Therese Stewart) challenging Proposition 8 on federal constitutional grounds and by the attorney for the official proponents of Proposition 8 (Charles Cooper), who intervened to defend its contitutionality (as Defendant - Intervenors).

From 1976 to 1989, Bill was an attorney with the Public Citizen Litigation Group, where he litigated law reform cases on state and federal constitutional law, antitrust and administrative law, voting rights, product liability, nuclear power, and food and drug law, and where he argued dozens of appellate cases, including several in the U.S. Supreme Court.

A recent decision of the German Federal Constitutional Court (Bundesverfassungsgericht) has finally ended the long - lasting discussions on the principle of tariff plurality (Tarifpluralität) versus the concept of tariff unity (Tarifeinheit).

Unlike in the criminal context, there's no federal constitutional right to counsel in civil cases.

916, 74 L.Ed.2 d 74, the Supreme Court considered, and rejected, the same arguments made by this defendant, but in the context of federal constitutional guarantees.

Both are very fine accounts of federal constitutional law and would be very useful for an overseas public lawyer, particularly if paired with Zines or Hanks.

On recent redistricting fireworks in Pennsylvania — which are being decided under that state's constitution, and thus do not directly affect the federal constitutional issue or the situation in other states — see Nate Cohn, Matthew Bloch and Kevin Quealy, New York Times and Dave Wasserman, Cook Political Report.

Booker, Glass & Watt's Federal Constitutional Law - An Introduction (2nd edn 1998) is getting a little long in the tooth.

Joseph & Castan's Federal Constitutional Law: A Contemporary View is more current (2001) and includes longish case extracts alongside the commentary.

The Federal Constitutional Court held that the new exemption must be «separately considered».