Court : US Supreme Court
..... against corporations, not the foreign governments, the distinction does not matter. insisting on a sharp line between public and private 398 syllabus acts in defining the legitimate scope of the executive's international negotiations would hamstring the president in settling international controversies. generally, then, valid ..... injunctive relief against respondent insurance commissioner of california, challenging the constitutionality of hvira. the district court issued a preliminary injunction against enforcing the act, reflecting its probability judgment that "hvira is unconstitutional based on a violation of the federal foreign affairs power and a violation of the ..... thomas join, dissenting. responding to holocaust victims' and their descendents' long-frustrated efforts to collect unpaid insurance proceeds, california's holocaust victim insurance relief act of 1999 (hvira), cal. ins. code ann. 13800 et seq. (west cum. supp. 2003), requires insurance companies operating in the state .....
Tag this Judgment!Court : UK Supreme Court
..... wanted to introduce legislation changing the system of accommodation for homeless persons in scotland, but the reform would involve modifying provisions in a (reserved) act on asylum seekers. if similar legislation had been proposed by the scottish office before devolution, the scottish office and the home office would have discussed ..... for policy on devolved matters, the united kingdom government and its departments for policy on the other (reserved) matters. under section 54 of the 1998 act, the competence of scottish ministers is, of course, modelled on the competence of the scottish parliament. 86. suppose, for instance, that the scottish ..... legislation being amended and irrespective of the department which had responsibility for that subject. policy responsibility after devolution 73. in the 1998 act and the corresponding acts for wales and northern ireland, parliament devolved legislative and executive authority in varying degrees. the powers of the scottish parliament are to be .....
Tag this Judgment!Court : UK Supreme Court
..... p 131 said: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality ..... effective legal protection, by establishing a system of legal remedies and procedures to ensure respect for the relevant rights conferred by the race relations act and the employment equality regulations in implementation of the united kingdom's obligations under the two directives. mr allen relies upon the decisions ..... equality directive") established a general framework for equal treatment in employment and occupation. this led to the making, under section 2 of the european communities act 1972, of the employment equality (religion or belief) regulations 2003 ("the employment equality regulations"), prohibiting discrimination on grounds of religion or belief and providing: .....
Tag this Judgment!Court : UK Supreme Court
..... whether [the person] should be included in or removed from a barred list including information relating to any previous offences, allegations, incidents, behaviour or other acts or omissions" (para 5(f)). regulated activity providers who hold any "prescribed information" in relation to a person engaged in regulated activity provided by him ..... isa is considering whether to include in, or remove from, a barred list. "prescribed information" is defined in the schedule to the safeguarding vulnerable groups act 2006 (prescribed information) regulations 2008 (si 2008/3265). it includes information relating to the person's employment and the reasons why permission was withdrawn for ..... circumstances of the dismissal to the secretary of state so that he could consider whether to make a direction under section 142 of the education act 2002 ("the 2002 act") prohibiting the claimant from carrying out certain types of work with children (including teaching). a person subject to such a direction was, at .....
Tag this Judgment!Court : UK Supreme Court
..... legality in these terms: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality means ..... , preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice ." provision was made in paragraph 6 for establishing a committee of the security council, consisting of all its members ..... that the security council had decided that all states shall, among various other measures "(d) prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens; (e) ensure that any person who participates in the financing, planning .....
Tag this Judgment!Court : UK Supreme Court
..... interpretation than that adopted in ex parte sidebotham is appropriate, in particular, in the context of statutory appeals under the town and country planning acts: a context which, like the present, is concerned with the granting of consent for proposed developments, and involves analogous procedures. scottish examples include ..... its subject matter. the complaint in the present case concerns the prior question of the subject matter of the inquiry. 73. the 1984 act lays down detailed provisions governing the consideration of representations and the holding of inquiries. the ministers are bound to take timeously submitted representations into ..... that year. the partnership was between aberdeen city council, aberdeenshire council, scottish enterprise (a public body established under the enterprise and new towns (scotland) act 1990), and aberdeen and grampian chamber of commerce. 34. the regional transport strategy developed for the period to 2011 was described in nestrans' report,delivering .....
Tag this Judgment!Court : US Supreme Court
..... as the majority rightly points out, the circumstances here called for a quick decision. see ante , at 15 (noting that morse had to decide to act or not act on the spot ). but this consideration is better understood in terms of qualified immunity than of the first amendment. see infra, at 5 8. all of ..... authority of teachers to maintain order in public schools. once a society that generally respected the authority of teachers, deferred to their judgment, and trusted them to act in the best interest of school children, we now accept defiance, disrespect, and disorder as daily occurrences in many of our public schools. dupre, should students ..... judgment, ruling that they were entitled to qualified immunity and that they had not infringed frederick s speech rights. the ninth circuit reversed. accepting that frederick acted during a school-authorized activity and that the banner expressed a positive sentiment about marijuana use, the court nonetheless found a first amendment violation because the .....
Tag this Judgment!Court : UK Supreme Court
..... when called upon to adjudicate on claims made by litigants to a convention right. this section makes it unlawful for a public authority, including a court, to act in a way which is incompatible with a convention right. that statutory obligation, to be effective, must carry with it the requirement that the court determine if ..... .following a procedural hearing on 26 january 2011 and at the request of the lord advocate, the appeal courtreferred the following question to this court:"whether the act of the lord advocate in leading and relying on evidence obtained in response to police questioning of the accused, conducted under common law caution at his home ..... following a procedural hearing on 26 january 2011 and at the request of the lord advocate, the appeal courtreferred the following question to this court:"whether the act of the lord advocate in leading and relying on evidence obtained in response to police questioning of the appellant conducted under common law caution at the roadside and .....
Tag this Judgment!Court : US Supreme Court
..... accorded to it under the constitution. the question in this case, however, is whether the complex structures and provisions of the patient protection and affordable care act (affordable care act or aca) go be- yond those powers. we conclude that they do. this case is in one respect difficult: it presents two questions of first impression ..... believe in these cases is that the very same textual indications that show this is not a tax under the anti-injunction act show that it is a tax under the constitution. that carries ver- bal wizardry too far, deep into the forbidden land of the sophists. iv the medicaid expansion we now consider respondents second ..... challenge to the constitutionality of the aca, namely, that the act s dramatic expansion of the medicaid program exceeds congress power to attach .....
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