Sentences with phrase «if constitutional protections»
In the same documents, the museum argues that even if constitutional protections apply, «there is no legal authority for the proposition that a museum is prohibited from displaying an item with historical, cultural or artistic significance merely because that item also has religious significance.»
http://religion.blogs.cnn.com/ Not exact matches
«If it's determined that a prospective law violates the constitutional protections to freedom of religion to which all Canadians are entitled,» Kenney said on Parliament Hill, «we will defend those rights vigorously.»
America has been remarkably favored — «blessed» if you prefer — by a wise and constitutional policy of non-preferential protection for the free and responsible exercise of religion.
If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.
«The fact finder in this case would be a judge who would be able to see, either through a press release or a newspaper article, YouTube, social media, is going to be able to see a video... that could, in fact, affect our client's ability to a fair trial and open a whole slew of issues, if it's released, concerning her own constitutional protections,» O'Connor said.
Similarly, there is little, if any, constitutional protections for a teacher advocating opting out while off duty.
If enacted, cockfighters will claim their fighting rooster breeding operations are farms and demand constitutional protection even though cockfighting is a crime.
Though Baby Girl didn't reach constitutional issues, the majority said that if ICWA can disrupt an otherwise settled adoption «solely because an ancestor — even a remote one — was an Indian,» that «would raise equal protection concerns.»
In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).
Constitutional protections are required if they are to have true equality.
Secondly, if a province applies an alleged flawed and invalid constitutional act (QC Act) and fails to amend legislation to protect the rights of that person, given that protection exists elsewhere in Canada, then that is discrimination.
If we reach agreement on the fundamental rights of the citizen, on their definition and protection in all parts of Canada, we shall have taken a major step towards basic constitutional reform.
I am unable to concur with my brethren, and if the application of a constitutional provision, indeed a constitutional provision whose purpose is the protection of personal liberty, were not involved, I might not even signify opposition.
This course of remark does not affect their right to their property, if this court shall consider that property has been taken from them by proceedings which violate a contract; and in a case where this court has a constitutional right to interpose for its protection and restoration.
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.
In essence, while the repeal of net neutrality will erode the constitutional right of free speech enshrined in the 1st Amendment, the proposal to privatize regulation, if implemented, would erode the constitutional right of equal protection of the law enshrined in the 14th Amendment.
However, if a constitutional amendment were to be implemented to continue to make laws regarding Indigenous people, as suggested by the insertion ofs51A, such an amendment, if implemented, may provide that laws passed under such an amendment provide protection against discrimination based upon race.
Whether an arrest occurs or not, CPS will initiate some form of protective action - whether via a Safety and Protection Plan to preclude the perpetrator from having access to the child (if the perpetrator is then arrested), or by way of a Court action - either initiated by the non-abusive parent or by CPS - if the perpetrator is the parent or other custodian who has a constitutional or court - sanctioned right of access to the child.