Sentences with phrase «with constitutional protections»

A government statute telling someone they can't freely voice an opinion even about legal issues would interfere with constitutional protections.

The wealthy can access a vigorous adversary system replete with constitutional protections for defendants.

The Fourteenth Amendment accepts that argument and endows it with constitutional protection giving new meaning to the phrase that «all men are created equal.»

In Illinois, another state with a constitutional protection for government - worker pensions, the governor recently signed legislation that would raise the retirement age for mid-career workers and reduce cost - of - living adjustments for all workers who have not yet retired.

Florida is one of only five states with a constitutional protection for collective bargaining rights, though the language is strangely ambiguous.

For example, the American Revolution was not held to invalidate private debts owed to British debtors (indeed, the U.S. Constitution was designed with constitutional protection for foreign creditors), but I am relatively confident that ISIS does not allow creditors from Syria or Iraq to enforce private debt obligations in the territory that it controls.

Not exact matches

Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.

We should be uncomfortable with governmental bans on minor religious festivals, or with judges deciding which festivals are important enough to deserve full constitutional protection and which are not.

While I don't object to a constitutional amendment that would extend special protection to unborn persons - especially since such an amendment would presumably lodge protection for the unborn beyond the discretion of partisan courts, and also dispose of any potential problems with respect to state action - such an amendment is constitutionally superfluous.

When any religion, in this case islam, espouses ideas that are in direct conflict with the Constitution and openly work to impose an alien political / religious system called sharia on the United States, at some point the right to claim constitutional protection is lost.

We can argue about the nature of the harm, but the Court, as a matter of constitutional right, prohibited protection of those with a particular weakness of this type of material.

In the same documents, the museum argues that even if constitutional protections apply, «there is no legal authority for the proposition that a museum is prohibited from displaying an item with historical, cultural or artistic significance merely because that item also has religious significance.»

Speech can be regulated only when it directly conflicts with other constitutional conditions of the democratic process — for instance, freedom of religion and assembly, equal protection under the law, and basic rights to life and liberty.

Despite our constitutional protection of freedom of speech and despite our vaunted openness, we do not now enjoy a climate of opinion that encourages us to improve our opinions, or to replace them with knowledge or truth — partly because we have become too sophisticated to believe that there are any truths about this subject, separate, of course, from the ones which those in power allegedly «construct.»

«Mr. Bloomberg's hypocritical support of constitutional protections, only when they don't impact the New York City budget, coupled with his uneducated and uninformed statements on the issue, serve to fan the flames of aggression, and undermine the potential for peaceful resolution of these matters, while perpetuating a long dormant policy of Indian termination which dates back to the days of General Custer's failed battle of Little Bighorn.»

The requirement to recertify a union yearly with an absolute majority — 51 % of all bargaining unit members — is in violation of the constitutional protections of Free Speech and Equal Protection

«Consequently, any individual or group of persons who engage in any act of sabotage to the nation's strategic assets will face the full weight of the law as the military and other security agencies will ensure total protection of such facilities wherever they are in line with our constitutional mandate.

Labor unions are leading the fight against a New York ballot measure to hold a constitutional convention, arguing that it's just too risky to tinker with the state's governing document and threaten existing protections for worker's compensation, unemployment benefits and collective bargaining.

«An act to provide for the implementation of the constitutional rights to information held by a public institution subject to the exemptions that are necessary and consistent with the protection of the public interest in a democratic society to foster a culture of transparency and accountability in public affairs and to provide for related matters», the Deputy Attorney General submitted.

The court sided with the government's argument that federal law trumps state constitutional protections of retirement funds when it comes to forfeiture.

ALBANY, N.Y. (WBEN / AP)-- Labor unions are leading the fight against a New York ballot measure to hold a constitutional convention, arguing that it's just too risky to tinker with the state's governing document and threaten existing protections for worker's compensation, unemployment benefits and...

As many commentators have convincingly explained, it is difficult to square this position with the original understanding of the Fourteenth Amendment's equal protection clause (see Eric Schnapper's «Affirmative Action and the Legislative History of the Fourteenth Amendment»; Michael Klarman's «Brown, Originalism, and Constitutional Theory»; and Jed Rubenfeld's «Affirmative Action»).

It would be incongruous and futile to charge teachers with the task of imbuing their students with an understanding of our system of constitutional democracy, while at the same time immunizing those same teachers from the need to respect constitutional protections.

«The Education Code expressly allows a school district to deviate from... seniority for... purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws,» said the ruling from Judge William F. Highberger.

As school leaders, we must take seriously our obligations to comply with the law, educate our students and communities, and model democratic citizenship and the protection of Constitutional rights.

Just last month, citing a part of the education code that says that a district may deviate from seniority (f) or purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws, Superior Judge William Highberger ruled in favor of the plaintiffs.

Accordingly the book opens with a part on EU Constitutional Law, which ends however with a short chapter on judicial review of the constitutionality of EU legislation, that almost naturally launches the series of articles on the EU Judicial Architecture in Part II, which in turn leads to Part III on Judicial Protection of Individuals.

These frameworks attempt to circumvent national constitutional or human rights protections governing interferences with the right to privacy of communications that, States purport, apply only to nationals or those within their territorial jurisdiction.

The majority opinion of Justice Stewart was specifically approved by a unanimous Supreme Court of Canada in Hunter v Southam Inc., [1984] 2 SCR 145 where Justice Brian Dickson held, at p. 159, that s. 8 of the Charter containing the constitutional protection against unreasonable search and seizure is not restricted to the protection of property or associated with the law of trespass, at p. 159: «[I] n Katz... Stewart J. delivering the majority opinion of the United States Supreme Court declared at p. 351 that «the Fourth Amendment protects people, not places».

Kate Kempton (with M. MacLaren), «The Protection of Human Rights in South Africa: A Conversation With Justice Arthur Chaskalson, President of the Constitutional Court of South Africa» (1998) 56:1 UT Fac L with M. MacLaren), «The Protection of Human Rights in South Africa: A Conversation With Justice Arthur Chaskalson, President of the Constitutional Court of South Africa» (1998) 56:1 UT Fac L With Justice Arthur Chaskalson, President of the Constitutional Court of South Africa» (1998) 56:1 UT Fac L Rev.

While it is true that a student does not lose his constitutional rights at the school house door or at the entrance to the college campus neither does he become cloaked with greater protection than any non-student who is the subject of a seizure of evidence by a private citizen.

«Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

The act of the prosecutor results in the wrongful destruction of an American citizen's rights and casts a threatening shadow over the entire judicial system charged with the duty to secure our constitutional protections.

We would do well to pursue constitutional protections for those with disabilities so truly all can benefit from America's commitment to freedom and equal opportunity for all.

In addition, he states that «a concept demanding protection for a fundamental right must not be confused with an attack on the national identity or, more specifically the national constitutional identity of a Member State.»

To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protection).

A minister proposing an LRO must demonstrate (Brief Guide: Delegated Legislation, House of Commons, 2011) that the proposed legislation is needed, is proportionate, represents a fair balance of interests, does not remove any necessary protection, does not unreasonably interfere with rights and freedoms, and has no constitutional significance.

I suppose the notion is that of preserving public order, one of the key elements in the constitutional exception, with the dubious protection of an intent requirement in the proposed law.

The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media — consistent with the Department's Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

I am unable to concur with my brethren, and if the application of a constitutional provision, indeed a constitutional provision whose purpose is the protection of personal liberty, were not involved, I might not even signify opposition.

The court considered various constitutional principles, and found that the protections for spouses found in the Canada Evidence Act should indeed be extended to common - law spouses, as this would harmonize the law in this area with the other legislation that essentially abolished the distinction between the two types of union.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

The Court noted that the nature of the constitutional protection afforded by s. 35 (1) «demands that there be a link between the question of justification and the allocation of priorities in the fishery».24 According to the Court, any allocation of fishing priorities after valid and justified conservation measures have been taken must give top priority to Aboriginal food fishing with sport fishing and commercial fishing bearing the «brunt of conservation measures».25

Although Stewart J. was careful not to identify the Fourth Amendment exclusively with the protection of this right, nor to see the Amendment as the only provision in the Bill of Rights relevant to its interpretation, it is clear that this notion played a prominent role in his construction of the nature and the limits of the American constitutional protection against unreasonable search and seizure.

[39] These are very broad principles, of course, but in Canadian administrative law they tend to equate with, respectively, the protection of constitutional fundamentals (including rights) and giving effect to legislative intent.

Among other things, state courts can not extend federal constitutional protections beyond the limits the Supreme Court itself sets; this leaves individuals with fewer places to turn to protect their rights.

By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary with the ebb and flow of political forces.

«The Constitutional Challenge to the Consumer Financial Protection Bureau: A Debate» (with C. Boyden Gray, and sponsored by the Georgetown Center on the Constitution, the Federalist Society, and Consumer Law Society), Georgetown Law, March 21, 2013

When this happens, religious freedom's intersection with equality and other constitutional values, such as multiculturalism and minority protection, suggest a more holistic conception of freedom that accounts for relational interests.

Notable cases that have upheld the constitutional protection of religiously - based practices include: the right of Jehovah's Witness» parents to deny a blood transfusion that was medically advised for their daughter; the right of condominium owners to build dwellings on their balconies for the Jewish festival of «Succot» in the face of by - laws prohibiting construction on balconies; and the right of a Sikh boy to wear a «kirpan» (a dagger with a metal blade) to school despite a school - board prohibition of weapons.