Court : UK Supreme Court
LORD WALKER (with whom Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke, Lord Sumption and Lord Carnwath agree) Introduction 1. These appeals raise important and difficult issues in the field of equity and trust law. Both appeals raise issues about the so-called rule in Hastings-Bass. One appeal (Pitt) also raises issues as to the court's jurisdiction to set aside a voluntary disposition on the ground of mistake. It is now generally recognized that the label "the rule in Hastings-Bass" is a misnomer. The decision of the Court of Appeal in In re Hastings-Bass, decd [1975] Ch 25 can be seen, on analysis, to be concerned with a different category of the techniques by which trust law controls the exercise of fiduciary powers. That decision is concerned with the scope of the power itself, rather than with the nature of the decision-making process which led to its being exercised in a particular way (see R C Nolan, Controlling Fiduciary Power [2009] CLJ 293, especially pp 294-295 and 306-3...
Tag this Judgment!Court : US Supreme Court
Turner Broadcasting System, Inc. v. FCC - 520 U.S. 180 (1997) OCTOBER TERM, 1996 Syllabus TURNER BROADCASTING SYSTEM, INC., ET AL. v. FEDERAL COMMUNICATIONS COMMISSION ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 95-992. Argued October 7, 1996-Decided March 31, 1997 Sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992 (Cable Act) require cable television systems to dedicate some of their channels to local broadcast television stations. In Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622 (Turner), this Court held these so-called "must-carry" provisions to be subject to intermediate First Amendment scrutiny under United States v. O'Brien, 391 U. S. 367 , 377, whereby a content-neutral regulation will be sustained if it advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interes...
Tag this Judgment!Court : US Supreme Court
..... stats. of canada 1967-1968, 16 & 17 eliz. 2, c. 15, p. 145. however, capital punishment is still prescribed for some crimes, including murder of a police officer or corrections official, treason, and piracy. [ footnote 8/24 ] great britain, after many years of controversy over the death penalty, undertook a five-year experiment in ..... is a venal combination between the police and a witness." foreword, j. frank & b. frank, not guilty 11-12 (1957). there has been an "incredible lag" between the development of modern scientific ..... truth is that a cog in the machine often slip: memories fail; mistaken identifications are made; those who wield the power of life and death itself -- the police officer, the witness, the prosecutor, the juror, and even the judge -- become overzealous in their concern that criminals be brought to justice. and at times there .....
Tag this Judgment!Court : US Supreme Court
..... of this case and its reading of board of ed. of ky.-which is obviously the correct one. 607 legislated distinction between charity "bestowed within her borders and for her people" and charity bestowed elsewhere or for others did not implicate commerce at all, except to the indirect and permissible extent that innumerable state ..... have achieved the same goal-by making the out-of-state fish noncompetitive and thereby excluding them from the market even more effectively than a difficult-to-police ban on importation. where regulatory discrimination against out-of-state interests is appropriate, the negative commerce clause is not designed to push a state into nonregulatory ..... which none of the charitable activities of the legatee were performed in illinois, all of the benefits of attending petitioner's camp in maine are "bestowed within her borders." id., at 563. while the dictum that justice scalia quotes, post, at 606, is consistent with his analysis, it does not purport to address the .....
Tag this Judgment!Court : UK Supreme Court
1. Information is the key to sound decision-making, to accountability and development; it underpins democracy and assists in combatting poverty, oppression, corruption, prejudice and inefficiency. Administrators, judges, arbitrators, and persons conducting inquiries and investigations depend upon it; likewise the press, NGOs and individuals concerned to report on issues of public interest. Unwillingness to disclose information may arise through habits of secrecy or reasons of self-protection. But information can be genuinely private, confidential or sensitive, and these interests merit respect in their own right and, in the case of those who depend on information to fulfil their functions, because this may not otherwise be forthcoming. These competing considerations, and the balance between them, lie behind the issues on this appeal. 2. This appeal concerns the relationship between the Charity Commission, a public authority responsible for inquiries in relation to which it requires inf...
Tag this Judgment!Court : US Supreme Court
..... the extent this court has suggested that the notion of "reserved powers" contemplates, under some circumstances, nullification of even monetary governmental obligations pursuant to exercise of "the federal police power or some other paramount power," lynch v. united states, 292 u. s. 571 , 579 (1934), i do not believe that regulatory measures designed to minimize ..... 179 u. s. 141 , 163 (1900) ("whatever the nature of the interest of a riparian owner in the submerged lands in front of his upland bordering on a public navigable water, his title is not as full and complete as his title to fast land which has no direct connection with the navigation of such ..... power of sovereignty, will be held ... to have been surrendered, unless 20 see also stone v. mississippi, 101 u. s. 814 (1880) (state may not contract away its police power); butchers' union slaughter-house & livestock landing co. v. crescent city live-stock landing & slaughterhouse co., 111 u. s. 746 (1884) (same); see generally griffith, .....
Tag this Judgment!Court : US Supreme Court
..... it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. respondent ..... all firearms constituted arms. 1 j. trusler, the distinction between words esteemed synonymous in the english language 37 (1794) (emphasis added). some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the second amendment. we do not interpret constitutional rights that way. just ..... citation to the dissenting opinion in muscarello v. united states, 524 u. s. 125 (1998), ante, at 10, 13, as illuminating the meaning of bear arms, borders on the risible. at issue in muscarello was the proper construction of the word carries in 18 u. s. c. 924(c) (2000 ed. and supp. v); .....
Tag this Judgment!Court : US Supreme Court
..... not been employed to rectify the alleged error petitioners complain of, any interference by [a] federal court may be wholly needless. the procedure established to police the errors of the tribunal whose judgment is challenged may be adequate for the occasion. because the majority refuses to assess whether the csrts comport with ..... i.e. , their presence at guantanamo bay. the government contends that noncitizens designated as enemy combatants and detained in territory located outside our nation s borders have no constitutional rights and no privilege of habeas corpus. petitioners contend they do have cognizable constitutional rights and that congress, in seeking to eliminate recourse ..... power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply. even when the united states acts outside its borders, its powers are not absolute and unlimited but are subject to such restrictions as are expressed in the constitution. murphy v. ramsey , 114 u. s. .....
Tag this Judgment!Court : UK Supreme Court
1. These appeals arise out of the decision of the government to promote the high speed rail link from London to the north known as HS2. The decision was announced in a command paper, "High Speed Rail: Investing in Britain's Future - Decisions and Next Steps" (Cm 8247, 10 January 2012). (It has been referred to in the proceedings as "the DNS".) The main issues, in summary, are, first, whether it should have been preceded by strategic environmental assessment, under the relevant European Directive, and, secondly, whether the hybrid bill procedure, as currently proposed, will comply with the procedural requirements of European law. The Court of Appeal decided both issues against the appellants, the first by a majority (Sullivan LJ dissenting). We also need to consider the possibility of referring either question to the European court ("CJEU"). The appellants 2. In the first appeal, the HS2 Action Alliance is a not-for-profit organisation working with over 90 affiliated action groups and r...
Tag this Judgment!Court : UK Supreme Court
..... specifically. the schedule is divided into seven parts, namely i "general", ii "local government", iii "the national health service", iv "maintained schools and other educational institutions", v "police", vi "other public bodies and offices: general" and vii "other public bodies and offices: northern ireland" the bbc (together with the designation) is placed into part vi. in ..... so would to that extent, in principle, attract public interest immunity from disclosure, they were made predominantly for the purpose of the investigation by the police of a violent death, to which no such immunity attached. the court applied the decision in waugh v british railways board [1980] ac 521. there ..... make sense of that act or to give it pragmatic efficacy. 51. the second authority is peach v commissioner of police of the metropolis [1986] qb 1064. there the court of appeal held that statements made to the police about the death of mr blair peach should be disclosed to his mother in her action against the .....
Tag this Judgment!