To bring a lawsuit, a plaintiff must, before all else, demonstrate
standing under the Constitution.
The principal reliance of the defense in this Court is that the conviction can not
stand under the Constitution because the conspiracy of these defendants presents no «clear and present danger» of imminent or foreseeable overthrow.
Not exact matches
The Supreme Court upheld the Plaintiffs case and held that the Defendant was disqualified from
standing for election for the office of the President
under Article 94 (2)(c)(i) of the 1992
Constitution.
And every day, we
stand up for core democratic principles enshrined in the
Constitution: the rule of law, equal protection for all
under law, freedom of speech, press, religion.
[6] In 1938, a written
constitution was adopted by the Co-operative Party which formalised links between the two parties, and in 1946 Co-operative candidates first
stood in elections
under the Labour Co-operative banner.
According to Alhaji Muntaka, the police invitation to the MPs undermines the authority of parliament and also interferes with the work of a parliamentarian, who is insulated
under Article 117 of the
Constitution and Order 22 of the
Standing Orders of Parliament from any arrest or court orders in the performance of his or her official duties.
He shall receive and hold in trust for the Association all books, pamphlets and manuscripts belonging to the Association, and allow the use of the same
under the provisions of the
Constitution and the orders of the
Standing Committee.
The plaintiffs, a group of students and school districts, sued, arguing that several state statutes
stood in the way of all students receiving the education guaranteed to them
under the state
constitution.
Denver District Court found in 2011 the program violated the Public School Finance Act of 1994 and other provisions of the state
Constitution, but it was overturned by the Colorado Court of Appeals in 2013, saying the petitioners lacked
standing to sue
under the act and that the voucher program did not violate the state
Constitution.
32 The New Hampshire Supreme Court likewise rejected the
standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state
constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny
under such provisions.
Judge White agreed with Davis Polk that the plaintiffs lacked
standing under Article III of the
Constitution, and dismissed all claims with prejudice.
«Had Alcoa's position
stood, an entire class of Texas workers would have been denied their rights
under our state's
constitution,» she said.
Plaintiff counsel should further consider potential violations of privacy
under the California
Constitution to establish
standing, particularly if a defendant continued to engage in robocalls after being instructed to stop.
I've seen what happens to many of these people in court, when they
stand up and try to explain to the judge how they are «Mennonites» who can't be found guilty
under the
Constitution because it's a violation of their rights dating back centuries before America existed, or when they challenge the judge's right to preside over their case because of some arcane law, or that red light cameras are unconstitutional because they do not get to confront their accusers, again, I cringe, because I know what's coming.