Court : UK Supreme Court
..... been notified of the hearing, and were not represented at it. lord boyd allowed the petition to be amended. he also made an order under section 11 of the 1981 act "prohibiting the publication of the name of the petitioner, or any particulars or details calculated to lead to the identification of the petitioner", and directing ..... public, and without disclosing their names publicly. he did so on the basis that their evidence was essential to the proper presentation of the defence, and the army's ability to deploy them in future operations would otherwise be compromised. in such a case, their appearance and identities were of such peripheral, if any, relevance ..... law reports, would be similarly anonymised. in all these respects, a's identity would be withheld from the public. section 12 of the human rights act 1998 62. section 12 of the human rights act provides: "(1) this section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the .....
Tag this Judgment!Court : US Supreme Court
..... college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the state of michigan not included in sub-section 1. section 26 was challenged in two cases. among the plaintiffs in the suits were the coalition to defend affirmative action, integration and immigrant rights and fight for ..... of de jure segregation with respect to seattle s school district, it appears as though school desegregation in the district in the 1940 s and 1950 s may have been the partial result of school board policies that permitted white students to transfer out of black schools while restricting the transfer of ..... may deny equal protection solely because it has a disparate racial impact. ante,at 15 (opinion concurring in judgment). he would acknowledge, however, that an act that draws racial distinctions or makes racial classifications triggers strict scrutiny regardless of whether discriminatory intent is shown. see adarand, 515 u. s., at 213. .....
Tag this Judgment!Court : US Supreme Court
..... law served a compelling governmental objective. and, typically, that record contained testimony from members of congress (or state legislators) explaining why congress (or the legislature) acted as it did. see, e.g., mcconnell, 540 u. s., at 147 154 (upholding federal restrictions on soft money by drawing on an extensive ..... more contributors, of course, the more the donor s share in any eventual contribution to smith is diluted. 9 the justice department agrees. as acting assistant attorney general mythili raman recently testified before congress: we anticipate seeing fewer cases of conduit contributions directly to campaign committees or parties, because individuals ..... e.g., national conservative political action comm., 470 u. s., at 497 (quid pro quo corruption occurs when [e]lected officials are influenced to act contrary to their obligations of office by the prospect of financial gain to themselves or infusions of money into their campaigns (emphasis added)); citizens against rent .....
Tag this Judgment!Court : US Supreme Court
..... . 10, 2011 (provision entitled conditions and limitations on consent of each party and providing that [n]o claim may be submitted toarbitration under this section unless the claimantwaives in writing any right to press his claim beforean administrative tribunal or court ), online at www.ustr.gov/trade-agreements/free-trade-agreements ..... proceedings. arts. 18, 17(1). substantively, by acquiescing to arbitration, a state permits private adjudicators to review its public policies and effectively annul the authoritative acts of its legislature, executive, and judiciary. see salacuse 355; g. van harten, investment treaty arbitration and public law 65 67 (2007). consider the ..... dispute that gave rise to this case: before the arbitral tribunal, bg group challenged multiple sovereign acts of the argentine government taken after the argentine economy collapsed in 2001 in particular, emergency law 25,561, which converted dollar-denominated tariffs into peso- .....
Tag this Judgment!Court : UK Supreme Court
..... the parents had never been married; that the father had been registered on the birth certificates of each of the children; but that the amendments made to section 4 of the children act 1989, of which the effect was to confer parental responsibility on a father who was thus registered, took effect only in relation to registrations after 1 ..... no 2201/2003, commonly called brussels ii revised ("b2r"), are grafted on to the provisions of the convention and indeed, by article 60 of b2r and section 1(3) of the 1985 act, take precedence over them. by recital 12 of b2r the council observed that the best interests of a child are served by a general rule that the ..... children from england to spain pursuant to the hague convention on the civil aspects of international child abduction 1980 ("the convention") and to section 1(2) of the child abduction and custody act 1985 ("the 1985 act"). 3. the father is a uk national aged 47 and lives in the thames valley. the mother is a spanish national aged 46 .....
Tag this Judgment!Court : UK Supreme Court
..... justice (parole board intervening) [2010] 1ac 553). that case was concerned with indeterminate sentences for public protection (ipp) which had been introduced by section 225 of the criminal justice act 2003. such sentences comprise a tariff period (which must be served before the prisoner is considered for release by the parole board) and a post ..... fairness" under article 5(4) of the convention. 12. instead of quashing the decision of the commissioners, however, treacy j decided, pursuant to section 21 of the judicature (northern ireland) act 1978, to remit the matter to them with a direction that they reconsider the case and reach a decision in accordance with his ruling. the ..... detailed ruling which formed part of the open judgment, the panel stated that it was satisfied that mr corey had become involved in the continuity irish republican army from early 2005 and that he was in a position of leadership in that organisation from 2008 until his recall to prison. it was concluded that the .....
Tag this Judgment!Court : UK Supreme Court
..... meaning of regulation 3(1) or 3(3), whether the regulations fall to be "read and given effect" compatibly with the appellants' convention rights under section 3 of the human rights act 1998. direct or indirect discrimination? 16. the distinction between direct discrimination, as defined in regulation 3(1), and indirect discrimination, as defined in regulation 3 ..... while all same sex couples were denied, so too were some opposite sex couples. furthermore, i note that in schnorbus, the criterion (of having served in the army) was one which men could meet but woman could not; and in bressol, the criterion (of having the right to reside in belgium) was one which all belgian ..... given by lady hale, it cannot be justified under regulation 3(3)(d). nor, also for the reasons which she gives and assuming that section 3 of the human rights act 1998 requires us to read regulation 4(1) as subject to the qualification that its prohibition upon discrimination does not, on the facts of any particular .....
Tag this Judgment!Court : UK Supreme Court
..... statutory duty to ensure that they receive efficient full-time education suitable to their age, ability and aptitude, and to any special needs they may have (education act 1996, section 7). amelia's parents send her to a well-known and very expensive independent school. swimming lessons are among the services offered and the school contracts with ..... and dawson jj agreed, decided it on the ground that the relevant duty was non-delegable. for present purposes, the most valuable part of his analysis is a section at paras 29-33 in which he took the opportunity to consider more generally the basis on which the law holds some duties to be non-delegable: "32 ..... of lord phillips' judgment) that there was "no sound basis for any feeling... that secondary treatment in hospital was actually provided by the army (mod) as opposed to arranged by the army." there was therefore no delegation of any function which the ministry had assumed personal responsibility to carry out, and no delegation of any custody .....
Tag this Judgment!Court : UK Supreme Court
..... were in issue in that case. 183. the academic support for a prima facie objective valuation includes professor burrows, a restatement of the english law of unjust enrichment (2012) section 34, goff and jones op cit, para 6-69, virgo the principles of the law of restitution, 2nd ed pp 98 and 103, and birks, unjust enrichment, ..... during the panic which grips the british community in brussels after the battle of waterloo, when rumours reach the city that napoleon has defeated wellington and that his army is approaching. the circumstances create a market in which horses are exceptionally valuable, and becky obtains a price which is far in excess of the ordinary value. ..... exchange on the valuation date between a willing buyer and a willing seller in an arm's length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion." 105. so understood, market value is specific to a given place at a given time. that point can be illustrated by .....
Tag this Judgment!Court : UK Supreme Court
..... as it has when they are serving within the territory of the united kingdom. they are subject to uk military law without any territorial limit: armed forces act 2006, section 367(1). the extent of the day to day control will, of course, vary from time to time when the forces are deployed in active service ..... members of the armed forces cannot be expected to respect humanitarian law and human rights in their operations unless respect for human rights is guaranteed within the army ranks. the parliamentary assembly recommended that the committee of ministers should prepare and adopt guidelines in the form of a new recommendation to member states designed to ..... further exception relating to "injuries incident to service" has been developed judicially, known as the feres doctrine (feres v united states, 340 u.s. 135 (s.ct. 1950)). according to a leading textbook (speiser, krause and gans the american law of torts (2010) para 17:5): "the critical and lasting rationale of the feres doctrine is .....
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