Sentences with phrase «unconstitutional violations of»

Accordingly, Canadians should take this opportunity to demand the repeal of the sweeping and vague offence of advocacy or promotion of terrorist offences in general in order to better address threats to national security and to prevent unconstitutional violations of freedom of expression.

These days, Obama's too busy with unconstitutional violations of his cherished Obamacare law and dodging responsibility for the IRS political persecutions that just happened to begin the week after he met with an IRS chief to be bothered with the p's and q's of violating some 1982 law that Harry Reid wants ignored.

Central to this drama are two Supreme Court cases: Engle v. Vitale (1962), in which the Court decided that government - directed prayer in public schools was an unconstitutional violation of the First Amendment's establishment clause; and Abington v. Schempp (1963), which declared unconstitutional a Pennsylvania statute that provided for compulsory Bible reading in public classrooms.

Real Estate Board of New York President John Banks said commercial rent controls would be «an unconstitutional violation of property rights.»

He announced the decision this past Thurs., Jan. 30th, explaining that his administration would not appeal Judge Shira Scheindlin's ruling last summer deeming stop and frisk practices an unconstitutional violation of people's rights.

John Banks, president of the Real Estate Board of New York, said controls over commercial rents would be «an unconstitutional violation of property rights.»

Rights of same - sex couples have a turbulent history in California, but the United States Supreme Court decision in Obergefell v. Hodges found that not permitting gays and lesbians to marry was an unconstitutional violation of the Fourteenth Amendment.

In Germany, for example, it has been held to be an unconstitutional violation of human dignity.

Not exact matches

Twenty - one years after the RFRA was introduced in the House of Representatives by Chuck Schumer, passed nearly unanimously by Congress, and signed into law by President Bill Clinton, the Freedom From Religion Foundation has filed an amicus brief asking the Supreme Court to strike it down as an unconstitutional «takeover of the Court's power to interpret the Constitution» and a violation of the Establishment Clause.

Last year, Canada's Supreme Court unanimously decided that laws criminalizing assisted suicide are unconstitutional and in violation of the Canadian Charter of Rights and Freedoms.

The Civil Rights Act of 1964 is not part of the constitution... So the law, if enacted, may be in violation of the CRA, but unless that act is adopted as an amendment to the constitution then it would not be unconstitutional based on that law.

* A declaration that the detention of the applicant by EFCC on January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.

* A declaration that the arrest of the applicant by EFCC on January 5, 2016 at his home at No. 14, Drive 1, Prince and Princess Estate, Abuja, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.

The tax imposed in Butler was nevertheless held unconstitutional as a violation of the Tenth Amendment reservation of power to the states.

As such, forcing someone to implicitly or explicitly condone a homosexual wedding in violation of their religious beliefs is explicitly unconstitutional.

A declaration that the conduct of the 1st Defendant acting through its Chief Executive Officer and Acting Editor of the Crusading Guide newspaper, Anas Aremeyaw Anas, in releasing the contents of the petition, through publications in the Crusading Guide newspaper, his personal facebook page, public screening of the audio — visual recordings in support of the petition at the Accra International Conference Centre on the 22nd September, 2015, containing the evidence in support of the petition, is in violation of Article 146 (8) of the 1992 Constitution and therefore unconstitutional...»

Second, that the independence of the Electoral Commission notwithstanding, the Supreme Court, having found an act or action of the Commission to be unconstitutional, is vested with power under the Constitution (article 2 (2)-RRB- to compel the Commission to take such steps or actions as the court deems appropriate to undo or remedy the constitutional violation.

Ozekhome also pointed out that the continuing detention of Suswam without recourse to Court or due process of law constitutes a violation of his fundamental human rights guaranteed under Section 35 (1)(c) and (4) and 44 (1) of the 1999 Constitution (as amended) and is therefore illegal and unconstitutional.

He says there would definitely be challenges to it, and it could be said to be unconstitutional through a violation of privacy rights of people who seek medical assistance.

In 1989 the Supreme Court of the United States declared the Board of Estimate unconstitutional on the grounds that Brooklyn, the most populous borough, had no greater effective representation on the Board than Staten Island, the least populous borough, a violation of the Fourteenth Amendment's Equal Protection Clause pursuant to the high court's 1964 «one man, one vote» decision.

Unless you know something I don't know, combination at - large and representational systems were deemed unconstitutional in 1999, Goosby v. Hempstead by the 2nd Circuit Federal Court of Appeals, as a violation of the 14th Amendment.

The attorney general called that proposal a violation of checks and balances and «also likely unconstitutional.»

When the Supreme Court declared the interviews unconstitutional, it said the requirements are in violation of the Legislative Instrument 1296, which gives direction for the mode of admission.

Prof. Dankofa, among other things, in suit KDH / KAD / 236 / 2018 is praying the court to «declare that the action of the respondents (Kaduna State Government and Kaduna Geographic Information Service, KADGIS) in arrogating to themselves the power to punitively sanction the Applicants (Hunkuyi and his Company, Muna Investment Ltd) property, even if the Applicants were purportedly in default of payment of either ground rent or land use charge or for any other reason constitute a gross violation of Applicant Fundamental Human Right guaranteed under section 43 (1) and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unconstitutional, null and void.»

Law Violations, Unconstitutional Acts, Insider trading, Corruption, Mob, Rezko, Hundreds of Crimes.

In 1967 their case is appealed at the Supreme Court and all anti-miscegenation laws are issued as unconstitutional and in violation of the Fourteenth Amendment's guarantee of equality.

For the third time, a Florida court has struck down the state's best - known voucher program, calling it unconstitutional because it allows students to attend religious schools with taxpayer money — a violation, the court said, of the state constitution.

There, a Los Angeles Superior Court judge found similar state laws unconstitutional, ruling that tenure rules disproportionately saddle poor and minority students with «grossly ineffective» teachers, a violation of the right to equality of education spelled out in California's constitution.

In our blog post of February 18, 2014, «British Columbia Supreme Court Awards $ 2 Million in Damages for Freedom of Association Violation,» we reported that the B.C. Supreme Court declared Bill 22, legislation relating to teachers» collective bargaining rights, unconstitutional.

According to the article, six federal courts have previously found the law unconstitutional and in violation of the Supreme Court's holding six years ago in Stenberg v. Carhart.

One might argue the ban would still be unconstitutional because it would disproportionately restrict members of religion Y from using the immigration system to bring their families to the US, hence constituting a violation of the first amendment.

A completely different way that such an order could be ruled unconstitutional could be through separation of powers violations.

A judge of the Ontario Superior Court of Justice declared the impugned provisions of the Act unconstitutional by reason of violating the Applicants» right to vote under s. 3 of the Charter, and the violation was not justified under s. 1.

The court declared only section 585 (obligation of support between married and civil union spouses) of the Civil Code unconstitutional and in violation of the Canadian Charter of Rights and Freedoms.

I argued last week that the Supreme Court should find British Columbia's «hearing fees,» which litigants must pay to bring a case in front of a judge, unconstitutional as a violation of the principle of the Rule of Law.

I find it very startling that Canada could take the position of deferring to foreign laws that are not just in violation of our social norms, but are actually unconstitutional.

MCL 750.337 is an unconstitutional enactment in violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution because the statute is facially vague.

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.

The injunction states that the screening is in violation of the Privacy Act, is unconstitutional, and violates section seven of Canada's Charter of Rights and Freedoms.

Amy has brought two cases on behalf of parents against the State and the Department of Health and Human Services for violations of parents» right to familial integrity and in one of those cases a law that did not specifically require the State to notify a non-custodial parent that their child was placed in foster care was declared unconstitutional.

Just prior to Melanie Aitken's August 2009 appointment to the federal Competition Bureau's top job (Commissioner), the government implemented sweeping legal powers, dictatorial and unconstitutional in nature, in my opinion, that enabled Ms Aitken to impose «Administrative Monetary Penalties» (AMPs) on businesses that she alone determined to be in violation of the Competition Act.

The trial court ruled that the Board's actions were an unconstitutional taking in violation of the Fifth Amendment, and sent the case back to the trial court for further proceedings, including the fee amount that the County could impose upon the Developer for its impact on the road.