Sentences with phrase «requiring constitutional analysis»

And since it will be possible to defeat Obamacare's Free Birth Control Rule against religious objectors without requiring constitutional analysis, I think the controversy will not require adjudication by the Supreme Court.

Not exact matches

In R. v. Smith, [1987] 1 S.C.R. 1045 the Court had held that a challenge to the constitutional validity of a mandatory minimum sentence requires a twofold analysis: (a) the court must first determine what constitutes a proportionate sentence for the particular offence; and, (b) the court must then determine whether the mandatory minimum sentence requires that a sentence be imposed that is grossly disproportionate.

This renders Duarte of limited jurisprudential assistance, and an up - to - date constitutional analysis of section 365 may be required.

Taking L' H - D's analysis at face value, she should agree that a law requiring all people employed by the Quebec gov» t to work nude is at least prima facie constitutional (under that analysis) since all clothing can be seen as a merely a symbol of some religious belief.