Sentences with phrase «legitimate interests of the state»

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.