In Tarbuk v Croatia, the Court held that the State is justified in enacting, in the context of its criminal policy, any amnesty laws it might consider necessary, with the proviso, however, that a balance is maintained between
the legitimate interests of the State and the interests of individual members of the public.
Not exact matches
Most courts considering laws that
state governmental agencies have claimed are necessary for fiscal responsibility, which Chelan County claims is the purpose
of this rate increase, have concluded that the laws are rationally related to a
legitimate government
interest.
«China will certainly take all necessary measures to resolutely defend its
legitimate rights and
interests,» if the United
States imposes new restrictions, the Ministry
of Commerce said in a statement on Thursday.
Here the Supreme Court began to set in legal concrete the notion that sexual morals and patterns
of family life are matters
of private choice or taste, not matters
of public concern in which the
state has a
legitimate interest.
In an explosive dissent, which Ring includes, Scalia excoriates Kennedy for his contention that enforcement
of a majority's moral beliefs does not advance any
legitimate state interest.
We may,
of course, regret the fact that this alliance between church and
state has allowed the ruling classes to co-opt Christian religion in order to
legitimate the
interests, the hopes, the struggles and the ambitions
of the dominant elites at the expense
of the oppressed and powerless sections
of society.
But even though the 5 - 4 majority ruling makes an intellectual end run around the language
of the Second Amendment to get to their ruling, they very clearly
state that society (government, convened to collectively protect us from what we can't protect ourselves from as individuals) has the right to, and
legitimate interest in controlling gun ownership, in several specific ways.
By singling out visitors to DSS, they argue, the policy violates a legal tenet which holds that the government can not treat classes
of citizens differently without showing some
legitimate state interest.
Essentially, the official said, speaking on background, the councils work on an honors system: Recusals are merely a safeguard because the
state picked honest,
legitimate people to sit on the panels who are thinking in terms
of the regional good, not their own self -
interest.
The Arizona Board
of Regents and the
state's custodian
of the university's records contested the reversal, arguing that the trial court disregarded the
state's public disclosure law and the «
legitimate interests»
of the university.
The report, called «Public Schools in the Crosshairs: Far - Right Propaganda and the Common Core
State Standards,» distinguishes between
legitimate criticism
of the standards — which comes from various points on the political spectrum — and the right - wing campaign to cast the initiative as a «nefarious plot» by liberals «to turn public schools into anti-American, anti-God indoctrination camps that churn out submissive automatons who will unquestionably serve the
interests of the government and big business.»
As long as Connecticut lawmakers had a
legitimate state interest that was reasonable related to the labeling
of products produced from the process
of genetic engineering, the GMO labeling bill would be considered constitutional by any court
of law.
This is the behavior
of someone trolling for attention instead
of someone
interested in holding a
legitimate discussion or discussing the
state of the science.
(at 129) He elaborates on the objectives
of the OMT programme as monetary policy measures, which trigger the transmission mechanism and have an impact on
interest rates on government bonds
of specific countries, and
states that all these objectives were, with regard to the deterioration
of the sovereign debt market for several
states in summer 2012
legitimate.
It was apparent from the outset that the Court's more conservative members were most
interested in (a) finding that no one had a right to bring the constitutional challenge, at least at this stage, (b) putting off a challenge until the law has actually been enforced or at least until just before election day, or (c) salvaging as much as possible
of the Indiana photo ID requirement on the theory that voter fraud is a problem that
states have a
legitimate right to try to solve.
The CJEU
stated that, given the discriminatory message
of the parody, copyright holders «have, in principle, a
legitimate interest in ensuring that the work protected by copyright is not associated with such a message» (para. 31).
This is not to say that such values are limitless, or that collective values such as community security or
legitimate state interests such as law enforcement are ignored or sacrificed at the altar
of individual freedom.
Professor Sunstein cites a few examples
of judicial deference over the past century, such as the per curiam decision in Massachussetts Board
of Retirement v. Murgia, 427 U.S. 307 (1976), in which the United
States Supreme Court upheld a
state law setting a mandatory retirement age
of 50 for police officers, deferring to the
legitimate interest identified in the
state's pleadings.
The legislature has found and hereby declares that the availability
of legitimate courses and programs leading to academic degrees offered by responsible private not - for - profit and for - profit institutions
of postsecondary education and the existence
of legitimate private colleges and universities are in the best
interests of the people
of this
state.
Even though respondents had a
legitimate expectation
of privacy in their e-mails, they could still be disclosed if such disclosure served a «compelling
state interest.»
The Eighth Circuit concluded that «Iowa's
legitimate interest in selecting the most qualified judges encompasses an
interest in having the views and expertise
of Iowa's attorneys represented on the Commission to assist with this selection, [and that] the
State's decision to allow members
of the Iowa Bar the opportunity to elect seven
of their peers to serve as the Commission's attorney members bears a rational relationship to this
legitimate interest.»
At least in theory, any law that didn't justly balance the right to travel within a
state with public safety and other
legitimate state interests could be readily struck down as a violation
of the right to travel.
The paradigm case
of such interference would be
state - imposed duties on lawyers that conflict with or otherwise undermine compliance with the lawyer's duty
of commitment to serving the client's
legitimate interests.
This narrower version, as I see it, boils down to the proposition that the
state can not impose duties on lawyers that interfere with their duty
of commitment to advancing their clients»
legitimate interests.
And in, Canada (Attorney General) v. Federation
of Law Societies
of Canada, 2015 SCC 7, [2015] 1 SCR 401, although the Supreme Court
of Canada found it unnecessary to determine whether the wider definition
of, «the independence
of the bar,» is a «principle
of fundamental justice» (Canadian Charter
of Rights and Freedoms section 7), i.e., that lawyers, «are free from incursions from any source, including from public authorities,» the majority judgment
of Cromwell J., held that the narrower definition is a principle
of fundamental justice, i.e., «that the
state can not impose duties on lawyers that interfere with their duty
of commitment to advancing their clients»
legitimate interests.»
An inquest may constitute the means by which the
state discharges this obligation; however a verdict which does not express the coroner's conclusions about the matters being investigated may fall short
of the requirement (laid down in Jordan v UK [2002] All ER (D) 123 (Dec)-RRB- that «the next
of kin
of the victim must be involved in the procedure to the extent necessary to safeguard his or her
legitimate interests».
55 That condition is based on the idea that the exercise
of the right
of residence for citizens
of the Union can be subordinated to the
legitimate interests of the Member
States — in the present case, the protection
of their public finances (see, by analogy, Case C ‑ 413 / 99 Baumbast and R [2002] ECR I ‑ 7091, paragraph 90; Zhu and Chen, paragraph 32; and Case C ‑ 408 / 03 Commission v Belgium [2006] ECR I ‑ 2647, paragraphs 37 and 41).
In a commonsense dissent, retiring Justice Kathryn Werdegar warned that the majority's «decision impairs important functions
of reciprocity, predictability, and limited
state sovereignty» by threatening «to subject companies to the jurisdiction
of California courts... beyond our
state's
legitimate regulatory
interest» and «inconsistent with the limits set by due process.»
If a company deferred payment and then decided that there was a
legitimate claim, a declared rate
of interest is paid that is either
stated in the contract or may vary according to
state requirements.
The Internal Revenue Service (IRS), via the Supreme Court case Knetsch v. United
States (1960), had early success in challenging the bona fides
of these types
of arrangements as creating
legitimate debt and
interest eligible to be deducted.
Russia (20 October)-- «The Convention on Certain Conventional Weapons (CCW) is
of great importance for the modern world that features a unique balanced account
of both humanitarian concerns and
legitimate defense
interests of States.
The Supreme Court found that the applicable standard
of review was that the legislation was rationally related to a
legitimate state interest.
The 10
states listed below have no
legitimate interest in eliminating fee competition other than to protect the profits
of real estate firms.