Court : UK Supreme Court
..... control of basra and its surrounding areas. the cpa expressly endorsed and authorised the presence of the united kingdom's armed forces in iraq, and it had the support of security council resolution 1483 in so acting. but that does not necessarily mean that the cpa equates with the state of iraq for the purposes of consenting to ..... in the convention. subject to limited exceptions and specific extensions, the application of the convention is territorial: the rights and freedoms are ordinarily to be secured to those within the borders of the state and not outside. here, the deaths of fusilier gentle and trooper clarke occurred in iraq and although they were subject to the authority ..... overall control of the area. if that is so, it is inconsistent with bankovic. it is impossible to see how an attack on villagers in a cross-border incursion into a non-contracting state could make the villagers within the jurisdiction of turkey, when a bombing raid on belgrade did not make the victims within the .....
Tag this Judgment!Court : UK Supreme Court
..... this should be by way of bail hearings, commenting on the resource implications that this would have. para 4.83 of secure borders, safe haven stated that part iii of the immigration and asylum act 1999 had created a complex system of automatic bail hearings at specific points in a person's detention, that this had never ..... secretary of state's decision whether to deport them unless released by the court or granted bail pursuant to section 54 of the immigration and asylum act 1999, which came into force in february 2003. it may have been thought that paragraph 2(1) created a presumption in favour of detention of fnps pending deportation but ..... decided quickly. the modified criteria and the general presumption remain in place." chapter 38 of the operational enforcement manual ("oem"), which was a published document in force until april 2008, stated in its introductory section that the 1998 white paper confirmed that "there was a presumption in favour of temporary admission or release and that .....
Tag this Judgment!Court : US Supreme Court
..... involve more than a contention that the supremacy clause requires that a federal statute be given effect over conflicting state law; that the social security act is not an act of congress securing either "equal rights" or "civil rights" as those terms are used in 1343; and that those terms limit the grant of federal ..... such explicit evidence as rev.stat. 1891, which provided: "the constitution and all laws of the united states which are not locally inapplicable shall have the same force and effect . . . in every territory hereafter organized as elsewhere within the united states." despite the fact that no reference to territories of the united states ..... included provisions imposing criminal and civil penalties for conspiracies to deprive individuals of constitutional rights, and authorizing the president to suspend the writ of habeas corpus and use armed forces to suppress "insurrection." 2-5, 17 stat. 13; see cong.globe, 42d cong., 1st sess., app. 220 (1871) (remarks of sen. thurman). see .....
Tag this Judgment!Court : US Supreme Court
..... "2. the benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community ..... paragraph (1) shall not apply to any alien if the attorney general determines that- "(d) there are reasonable grounds for regarding the alien as a danger to the security of the united states." before its amendment in 1965, 243(h), 66 stat. 214, read as follows: "the attorney general is authorized to withhold deportation of any ..... had implications beyond this nation's borders. the "commonsense notion" that congress was looking inwards-perfectly valid in a case involving the federal tort claims act, such as smith,-cannot be reasonably applied to the refugee act of 1980. in this regard, the majority's dictum that the presumption has "special force" when we construe "statutory provisions .....
Tag this Judgment!Court : US Supreme Court
..... ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any state or territory to the deprivation of any right secured or protected by the last preceding section of this act, or to different punishment, pains, or penalties on account of such person being an alien, or by reason of his color or race, than ..... the passage of laws or in the withholding of that protection which any emergency may require. if a state, by omission, neglects to give to every citizen within its borders a free, fair, and full exercise and enjoyment of his rights, it is the duty of the united states government to go into the state, and, by ..... , the acquittals of the substantive offense may have been on the ground that the evidence showed no giving of actual aid to williams when he obtained the confessions by force and violence. page 341 u. s. 96 the evidence, though insufficient to show that the five participated in the execution of the project, could nonetheless make overwhelmingly .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 4 ] the court went on to say that, in any event, 18 u.s.c. 241 is not an available sanction to protect rights secured by that title because 207(b) of the 1964 act, 42 u.s.c. 2000a-6(b) (1964 ed.), specifies that the remedies provided in title ii itself are page 383 u. s. 751 to ..... political interests are likewise served by free movement. surely these interests can be impeded by private vigilantes as well as by state action. although this argument is not without force, i do not think it is particularly persuasive. there is a difference in power between states and private groups so great that analogies between the two tend to be ..... create rights under the equal protection clause even though the participation of the state was peripheral, or its action was only one of several cooperative page 383 u. s. 756 forces leading to the constitutional violation. see, e.g., shelley v. kraemer, 334 u. s. 1 ; pennsylvania v. board of trusts, 353 u. s. 230 ; burton v. wilmington parking .....
Tag this Judgment!Court : US Supreme Court
..... may be regarded as, in legal effect, one instrument, designed to evade or defeat the provisions of the statute of illinois known as the "voluntary assignment act," in force july 1, 1877. the first section of that statute provides "that in all cases of voluntary assignments hereafter made for the benefit of creditor or creditors, ..... liabilities within the provisions of the assignment shall be paid pro rata from the asserts thereof." the main object of this legislation is manifest. it is to secure equality of right among the creditors of a debtor who makes a voluntary assignment of his property. it annuls every provision in any assignment giving a preference ..... executed to his mother a note, accompanied by a warrant of attorney to confess judgment, and by a conveyance and transfer of certain real and personal property as collateral security for the note. subsequently, september 4, 1879, pursuant to that warrant of attorney, judgment was entered against alexander white, jr., for $43,807.50, in .....
Tag this Judgment!Court : UK Supreme Court
..... of aliens. this is a purely domestic decision made subject to domestic considerations, in the light of domestic legislation, including the human rights act 1998 and the borders, citizenship and immigration act 2009. an order for deportation may be wholly unconnected to any criminal activity, and even when it is consequent on criminal convictions, it ..... mother appeared to be "at the heart of the family, providing loving warmth and nurturing of a high calibre". if she were extradited, the children's secure attachment to her "would be ruptured and many negative consequences are likely to ensue". d and e, in particular, were "likely to be devastated by the ..... would soon become intractable and "she would end up once again in a totally dependent and dilapidated condition". she would resist extradition and "any attempt to force her to return to italy under any circumstances would result in a catastrophic collapse". 63. following the proceedings in the magistrates' court, the official solicitor was .....
Tag this Judgment!Court : UK Supreme Court
..... prosecutors and judicial authorities obviously play a major role in the decision leading to article 98 alerts, in some schengen states the police, security police, tax and customs authorities, border guard authorities and other authorities competent for criminal investigations are also competent to decide on article 98 alerts. " 41. it seems certain that ..... only to the common law presumption that parliament intends to give effect to the united kingdom's international obligations. 204. the force of the common law presumption in the context of the extradition act 2003 has itself been addressed with differing emphases. in office of the king's prosecutor, brussels v cando armas [2005 ..... offices and agencies of the union adopted on the basis of the treaty on european union prior to the entry into force of the treaty of lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the treaties. the same shall apply to agreements concluded between member states .....
Tag this Judgment!Court : UK Supreme Court
..... a general reservation to the uncrc concerning immigration matters. but that reservation was lifted in 2008 and, as a result, section 55 of the borders, citizenship and immigration act 2009 now provides that, in relation among other things to immigration, asylum or nationality, the secretary of state must make arrangements for ensuring that those ..... are rights-based and override best interests of the child. such may be the case in situations in which the child constitutes a serious risk to the security of the state or to the society. non-rights based arguments such as those relating to general migration control, cannot override best interests considerations." a ..... alongside other competing factors. where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them. it is not necessary to express this in terms of a presumption but the primacy of this consideration needs to be made clear in .....
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