Sentences with phrase «required constitutional protection»

[82]... The centrality to the administration of justice of preventing misuse of the client's confidential information, reflected in solicitor - client privilege, led the Court to conclude that the privilege required constitutional protection in the context of law office searches and seizures: see Lavallee.

Not exact matches

It's been ten years since the Children's Internet Protection Act — the law that requires public libraries and K - 12 schools to employ internet filtering software in exchange for certain federal funding — was upheld by the U.S. Supreme Court as constitutional.

Conflict may ensue between constitutional courts and the CJEU, especially in cases where the former are required by the latter to decrease the level of protection of fundamental rights afforded by their constitutions.

Constitutional protections are required if they are to have true equality.

[83] The question now is whether another central dimension of the solicitor - client relationship — the lawyer's duty of commitment to the client's cause — also requires some measure of constitutional protection against government intrusion.

'' [A] s the manifest purpose of the constitutional provisions, both of the states and of the United States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...»

Nor does the appeal require us to consider whether other constitutional protections may exist in relation to the place of lawyers in the administration of justice.

The question now is whether another central dimension of the solicitor - client relationship — the lawyer's duty of commitment to the client's cause — also requires some measure of constitutional protection against government intrusion.

The Supreme Court also held in Parker v. Levy, 417 US 733 (1974), that the different character of the military community and its mission required a different application of Constitutional protections.

This requires us to review the nature and interpretation of the right guaranteed by s. 2 (d) of the Charter, and to clarify the scope of the constitutional protection of collective bargaining recognized in Health Services and Support — Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 (CanLII), [2007] 2 S.C.R. 391, and Ontario (Attorney General) v. Fraser, 2011 SCC 20 (CanLII), [2011] 2 S.C.R. 3.

Another is that First Amendment protection for commercial speech has been expanded to require states to show compelling evidence of both the need for and the effectiveness of real estate antisolicitation laws before such laws qualify as being constitutional.