Sentences with phrase «on constitutional law cases»

Not exact matches

«There are going to be tough questions on both sides, questions the Supreme Court has not directly answered before in cases, that this court may not hesitate to stay clear of,» says Adam Winkler, a professor of constitutional law at University of California, Los Angeles.

I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.»

Moreover, cases often turn on minute details, which makes the law unpredictable; critics refer to a «three plastic reindeer rule,» under which the presence of a sufficient number of secular decorations in close proximity to a crèche render it constitutional.

Once the U.S. Supreme Court has ruled on a matter of U.S. Constitutional law, the only ways to change it are either for the Supreme Court to overturn their decision in a later ruling on a different case or for the U.S. Constitution to be amended, according to the process set out in Article V.

@Machavity Case law has interpreted the constitutional prohibition on state level participation in foreign affairs more broadly although there are a few things are are permitted (e.g. sister city relationships, budgetary decisions with international implications).

Haren's past work includes working on civil rights and constitutional law cases while serving as chief counsel to Sen. Dianne Feinstein (D - Calif.)

The «case or controversy» clause of the Constitution prohibits the courts not only from rewriting statutes, but from even issuing an advisory opinion on whether a law or action would be Constitutional were it to be implemented.

This approach enables us to do justice in a manner that preserves the rule of law and a stable constitutional order without affecting acts and or things which were previously ordered on the legality of the impugned provision in the Abu Ramadan case.

He said, «The trial judge distinguished the Lagos State case from the present one, and held that whereas the court of Appeal so held against Lagos State environmental sanitation days on the ground of same not being a creation of law thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos calaw thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos caLaw of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos case.

These cases confirm the insights of leading constitutional law scholar Akhil Amar, who has stated that various implicit rights, though unenumerated, «are nonetheless full - fledged constitutional entitlements on any sensible reading of the document.»

Scalia believed his job in education cases was to read and apply the text of the law, and not allow his personal views on education to come in through the backdoor via free - ranging interpretations of vague statutory and constitutional provisions.

We have a deep appreciation of public law, and have worked on precedent setting constitutional and administrative law cases.

The second approach would have entailed the modification of an important part of the Court's own case law on the relationship between EU law and the Spanish Constitution, which currently holds that Article 93 of the Constitution does not make EU law part of the constitutional canon (see judgments STC 28/1991 or 41/2002).

In addition, although using Article 93 to integrate EU harmonised standards would have avoided any chance of future conflict between EU law and the Constitution, it would also have implied that the meaning of constitutional provisions on fundamental rights would differ depending on whether a case fell within the scope of EU law.

She has published widely on different aspects of EU external relations law and EU constitutional law, including the monographs EU Counter-Terrorist Policies and Fundamental Rights - The Case of Individual Sanctions (Oxford University Press, 2009) and EU Powers under External Pressure - How the EU's External Actions Alter its Internal Structures (Oxford University Press, 2018 forthcoming).

With this, the SCC avoids simultaneous talk with the CJEU and facilitates that EU law - related questions have already been solved when proceedings reach the constitutional jurisdictional level, thus dealing with constitutional cases with all cards on the table.

While the reasoning contains some points on EU law (the SCC mentions the cases of Melki and Abdeli [Joined Cases C ‑ 188 / 10 and C ‑ 189 / 10], A v B and Others [C - 112 / 13] and Kernkraftwerke Lippe - Ems GmbH v Hauptzollamt Osnabrück [C - 5 / 14] to explain that national constitutional proceedings can not hinder EU preliminary references), the conclusion is reached mostly on the basis of Spanish constitutionalcases of Melki and Abdeli [Joined Cases C ‑ 188 / 10 and C ‑ 189 / 10], A v B and Others [C - 112 / 13] and Kernkraftwerke Lippe - Ems GmbH v Hauptzollamt Osnabrück [C - 5 / 14] to explain that national constitutional proceedings can not hinder EU preliminary references), the conclusion is reached mostly on the basis of Spanish constitutionalCases C ‑ 188 / 10 and C ‑ 189 / 10], A v B and Others [C - 112 / 13] and Kernkraftwerke Lippe - Ems GmbH v Hauptzollamt Osnabrück [C - 5 / 14] to explain that national constitutional proceedings can not hinder EU preliminary references), the conclusion is reached mostly on the basis of Spanish constitutional law.

As explained at length in two previous entries in this blog, in 2011 the SCC was confronted with the Melloni case, concerning a direct collision between national constitutional case law and EU legislation on the European Arrest Warrant.

For he said he would «prefer to resolve this case on administrative law grounds and find that it is unnecessary to address the broader constitutional issues raised by the appellants» (para. 70).

The paid version, which costs $ 4.99, provides information on more than 600 cases, virtually every constitutional law decision of note.

Meanwhile, the access right's constitutional overtones were suggested by three developments: the incorporation of a right of access in the Charter of Fundamental Rights of the European Union (article 42) in 2000, the EU's accession to the Aarhus Treaty and subsequent adoption of the Aarhus Regulation on Access to Information (Regulation 1367/06) in 2006, and increasingly explicit references to transparency's auxiliary role in facilitating the democratic life of the Union, most notably in the Access Info Europe and In «t Veld v Council case law.

The majority decision of the justice of the United Kingdom Supreme Court may be set to become the «final statement» on the presence of EU law in the UK constitutional order in both senses of the word: the Miller case may well prove to be chronologically the final time that the UK's highest court is called upon to interpret the nature of EU law before the United Kingdom's putative withdrawal from the European Union; in the other sense of the word, the dicta in the case may serve to be the final and definitive statement in an ongoing 40 year constitutional saga initiated by the United Kingdom's accession to the European Union's predecessor in 1973.

Canada Ontario intervenes in case of proposed Trinity Western law school's ban on sexual activities, Globe and Mail Constitutional challenge to Canada's segregation laws begins today, Canadian Press Jury selection to begin in Lac - Mégantic train derailment trial, Canadian Press

[2] This case demonstrates the tension that exists around the moral, social and historical perspectives on the issue of prostitution and the effect of certain criminal law provisions on the constitutional rights of those affected.

The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 19law by the Human Rights Act 1998.

What voters had to say: «Many of the most challenging aboriginal constitutional law cases end up on his desk because of his reputation for taking on tough cases.»

In the test case that came before the Supreme Court in 2010, Holder v. Humanitarian Law Project, the Court held that it was constitutional to prohibit a group of humanitarian legal professionals (including a retired U.S. judge) «from engaging in certain specified activities, including training PKK members to use international law to resolve disputes peacefully; teaching PKK members to petition the United Nations and other representative bodies for relief; and engaging in political advocacy on behalf of Kurds living in Turkey and Tamils living in Sri Lanka.&raqLaw Project, the Court held that it was constitutional to prohibit a group of humanitarian legal professionals (including a retired U.S. judge) «from engaging in certain specified activities, including training PKK members to use international law to resolve disputes peacefully; teaching PKK members to petition the United Nations and other representative bodies for relief; and engaging in political advocacy on behalf of Kurds living in Turkey and Tamils living in Sri Lanka.&raqlaw to resolve disputes peacefully; teaching PKK members to petition the United Nations and other representative bodies for relief; and engaging in political advocacy on behalf of Kurds living in Turkey and Tamils living in Sri Lanka.»

According to previous case law of the Constitutional Court, the right to a fair trial in the Spanish Constitution requires that, if a person has been convicted in his absence, a surrender for the execution of that conviction must be made conditional on the right to challenge the conviction in order to safeguard that person's rights of defence, even if he had given power of attorney to a lawyer who effectively represented him at the trial (paras 20 and 22).

And, unlike U.S. courts, the Constitutional Court can rule a law unconstitutional during the legislative process, rather than in connection with an actual case or controversy relating to the law taking effect (in which case the law never gets on the books in the first place).

The SCC wrote, recently, albeit in a different context, «Bad law, fixed up on a case - by - case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.»

Allard Knook, a lecturer in law at the Institute of Constitutional and Administrative Law, University of Utrecht, has regular postings in English on cases decided by the Coulaw at the Institute of Constitutional and Administrative Law, University of Utrecht, has regular postings in English on cases decided by the CouLaw, University of Utrecht, has regular postings in English on cases decided by the Court.

Bad law, fixed up on a case - by - case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.

«We decide cases based on constitutional principles in the Supreme Court, but our goal is to strive for stability and predictability in the law,» said Justice Wright.

The Constitutional Court of the Republic of Lithuania, pursuant to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Article 1 of the Law on the Constitutional Court of the Republic of Lithuania, in its public hearing, on 11 October 2006, considered case No. 45/03-36 / 04 subsequent to the following petitions:

Constitutional cases on habeas corpus challenges to bad laws and illegal restraint by the government

In effect, this arrangement would codify the position as reported by the prime minister in his statement on constitutional reform in July 2007 that the attorney general had decided that during the consultation process, she would not «make key prosecution decisions in individual criminal cases» (unless the law or national security required it).

Allard Knook, a lecturer in law at the Institute of Constitutional and Administrative Law, University of Utrecht, has regular postings in English on cases decided by the Court... [molaw at the Institute of Constitutional and Administrative Law, University of Utrecht, has regular postings in English on cases decided by the Court... [moLaw, University of Utrecht, has regular postings in English on cases decided by the Court... [more]

Even in cases on direct appeal from a state court, when the decision below leaves unresolved questions of state law or procedure which bear on federal constitutional questions, we dismiss the appeal.

These included fundamental cases like R. v. Oakes, a case decided by the Supreme Court in 1986 dealing with what the reasonable limits are on constitutional rights — and specifically, how those limits apply to criminal laws that put the burden of proof on the defence rather than the Crown.

- Patrick J. Monahan, Dean, Osgoode Hall Law School, «This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notLaw School, «This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notlaw that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notlaw, scholarly doctrinal excerpts as well as explanatory research notes.

Successful constitutional challenge on behalf of Québec common law spouse for right to support in case known as Lola v. Eric.

«This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notes.

Cases he has handled have centered on issues of constitutional law, securities regulation, class action and intellectual property.

The article provides a summary of recent state supreme court cases in which opponents of civil liability reform have challenged reform laws, mostly on constitutional grounds.

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.

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.

My article on the Evans case — «A Tangled Constitutional Web: The Black - Spider Memos and the British Constitution's Relational Architecture» — was published in Public Law in October 2015.

Indeed, as noted recently by L.S. Rossi, the ECJ has never identified the constitutional identity clause enshrined in Article 4 (2) TEU as the privileged arena to deal the multilevel protection fundamental rights in its case law on the application of.

As noted by Barbara Guastaferro, the assumption that the purpose of the clause is that of applying in exceptional cases of conflicts between EU law and domestic constitutional law — in an attempt to narrow the scope of application of the supremacy doctrine — has to be challenged; while the potential for a use of the clause in governing the ordinary functioning of EU law should be, on the contrary, highlighted.

A judge would code a case with contract and constitutional issues as if the entire case depended on constitutional law.