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
..... by mr patrick mackle". counsel who then appeared for patrick mackle submitted that there was "no suggestion on the evidence of the accused having had any hand, act or part in the financing, funding, importation or other organisational contribution". the judge concluded that since patrick mackle had asked his brothers to carry out the ..... of mitchell (referred to above at para 47). in that case the respondent had pleaded guilty to an offence under section 170(2) of the 1979 act. the goods involved were tobacco products. in subsequent confiscation proceedings the prosecution claimed that the respondent had benefited in respect of the tobacco and had obtained a ..... terms of poca, he obtained the benefit alleged by the prosecution. troubled about the correctness of this concession, the sentencing judge, recorder males qc, declined to act on it. after considering the position and hearing argument, he made a confiscation order against the respondent for 100, the amount that he had claimed to have .....
Tag this Judgment!Court : UK Supreme Court
..... and the importance of what is at stake. by doing so the board will also fulfil its duty under section 6(1) of the human rights act 1998 to act compatibly with article 5(4) of the european convention for the protection of human rights and fundamental freedoms, in circumstances where that article is engaged. ii ..... little attention to domestic administrative law. as i shall explain, that approach does not properly reflect the relationship between domestic law (considered apart from the human rights act) and convention rights. 55. the guarantees set out in the substantive articles of the convention, like other guarantees of human rights in international law, are mostly ..... to assume he experienced. in the circumstances, taking into account the principles applied by the european court as required by section 8(4) of the human rights act, the finding of a violation constitutes sufficient just satisfaction. conclusion 116. i would in each case allow the appeal, and make a declaration that the board .....
Tag this Judgment!Court : UK Supreme Court
..... the parole board's function in relation to release of a discretionary life prisoner, using language subsequently reproduced in section 28(6)(b) of the crime (sentences) act 1997. the parole board was not to give a direction with respect to a discretionary life prisoner unless "satisfied that it is no longer necessary for the ..... public are now properly protected by the imposition of the sentence of imprisonment for public protection. in such cases, therefore, the cases decided before the criminal justice act 2003 came into effect no longer offer guidance on when a life sentence should be imposed. we think that now, when the court finds that the defendant ..... period) after the expiry of which the prisoner was eligible for review by the parole board who could direct his release on licence (powers of criminal courts (sentencing) act 2000, section 82a). the parole board was required not to direct release unless "satisfied that it is no longer necessary for the protection of the public that the .....
Tag this Judgment!Court : UK Supreme Court
..... definition, "considerable, noteworthy or important", is to my mind more helpful. it chimes with the guidance given by the department of health and social security when the act first came into force: "it is additionally necessary to show that the ill-treatment is significant, which given its dictionary definition means considerable, noteworthy or important" ..... low. ward lj went on, at para 54, to express the difference between "harm" and "significant harm" thus: "given the underlying philosophy of the act, the harm must, in my judgment, be significant enough to justify the intervention of the state and disturb the autonomy of the parents to bring up their ..... 40. that article at pp 49-50, suggests that, whereas uncrc is "neutral about the desirability of adoption" (quoting hodgkin and newell, op cit p 294), the 2002 act "unashamedly aimed to bring about 'more adoptions more quickly' for children in care" (quoting harris-short, "new legislation: the adoption and children bill a fast track to .....
Tag this Judgment!Court : UK Supreme Court
..... legal consequences of the problems which i have described. convention rights 6. in that regard, important issues arise under the human rights act 1998 ("the 1998 act"). in that act, parliament required the courts to give effect to convention rights corresponding to those guaranteed by the convention. those rights include the rights conferred ..... to take that course. a similar duty was imposed by section 109 of the powers of criminal courts (sentencing) act 2000 ("the 2000 act"). section 225 of the criminal justice act 2003 ("the 2003 act") introduced, with effect from 4 april 2005, indeterminate sentences of imprisonment for public protection ("ipp"), which were to ..... required judges to impose "automatic" life sentences upon a much wider range of offenders. in particular, section 2 of the crime (sentences) act 1997 ("the 1997 act") required the courts to impose a life sentence upon anyone convicted of a second serious offence, unless there were exceptional circumstances permitting the court .....
Tag this Judgment!Court : UK Supreme Court
..... law family proceedings in which, if the court so permits or if a solicitor considers that the child is capable of giving instructions, she can be a party without acting by a guardian. but the types of proceedings there specified do not include proceedings under the convention. i cannot discern why, if and to the extent that it is ..... 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 december 2003. cobb ..... 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 and lives in madrid. .....
Tag this Judgment!Court : UK Supreme Court
..... , under the same conditions as nationals of that state. this right shall be exercised subject to detailed arrangements adopted by the council, acting unanimously in accordance with a special legislative procedure and after consulting the european parliament; these arrangements may provide for derogations where warranted by problems ..... , under the same conditions as nationals of that state. this right shall be exercised subject to detailed arrangements adopted by the council, acting unanimously in accordance with a special legislative procedure and after consulting the european parliament; these arrangements may provide for derogations where warranted by problems ..... constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotland is beyond question. acts that the scottish parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. the united kingdom parliament .....
Tag this Judgment!Court : UK Supreme Court
..... that actions may amount to terrorism within the definition "even when they might otherwise constitute lawful hostilities under international humanitarian law (e.g. acts of violent rebellion against oppressive governments)". mr anderson recognised that the statutory definition left a "large discretion to prosecutors, mitigated only by the requirement ..... , save for small amendments, the definition should remain as originally drafted. more specifically, he observed that "the current definition in the terrorism act 2000 is consistent with international comparators and treaties, and is useful and broadly fit for purpose ". lord carlile also stated that "the discretion ..... runs the argument, a very wide definition was deliberately adopted, but, recognising the risks of criminalising activities which should not be prosecuted, the 2000 act has, through section 117, precluded any prosecution without the consent of the director of public prosecutions ("dpp") or, if the activities under consideration .....
Tag this Judgment!Court : UK Supreme Court
..... of harm the review contemplated a substantial deficit in the standard of health, development or well-being which could reasonably be expected of the particular child, whereas the act speaks of "significant" harm. the review did not discuss the meaning of "likely" or how such a likelihood is to be predicted. it is clear, however, ..... juvenile courts under section 1 of the children and young persons act 1969. this contained a list of specific grounds for making care orders, two of which catered for the likelihood of future harm: where it was probable ..... placement outside the family, which is entailed in a care order. 45. that view is supported by the legislative history. the single threshold contained in the children act 1989 replaced the many separate criteria for taking or keeping children away from their families which were contained in the previous law. most care proceedings were brought in .....
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