Court : US Supreme Court
..... freed of the disabilities of that status -- and at the same time release his parents from their parental obligations -- prior to the actual date of his majority. certain acts, in and of themselves, may occasion emancipation. see, e.g., cal.civ.code ann. 62 (west 1954 and supp. 1981) (emancipation upon marriage or entry in ..... to preserve the constitutional page 450 u. s. 447 right and the unique nature of the abortion decision, especially when made by a minor, require a state to act with particular sensitivity when it legislates to foster parental involvement in this matter." bellotti ii, 443 u.s. at 443 u. s. 642 (powell, j.). because ..... communication and accord will take place routinely or (b) so imperfect that the absence of communication reflects the child's correct prediction that the parent will . . . [act] arbitrarily to further a selfish interest, rather than the child's interest. a state legislature may conclude that most parents will be primarily interested in the welfare of their .....
Tag this Judgment!Court : US Supreme Court
..... substantive comparability" inquiry was an "additional step" that it engrafted on "th[e] traditional test" of intermediate scrutiny, ibid. (emphasis added).) 592 these professionals acted on "'overbroad' generalizations," ante, at 542, 550. c a few words are appropriate in response to the concurrence, which finds vmi unconstitutional on a basis ..... [a decedent's estate], males must be preferred to females' "). since reed, the court has repeatedly recognized that neither federal nor state government acts compatibly with the equal protection principle when a law or official policy denies to women, simply because they are women, full citizenship stature-equal opportunity ..... f. supp. 1407, 1418-1419 (wd va. 1991). for example, virginia's legislature incorporated farmville female seminary association in 1839, the year vmi opened. 1839 va. acts, ch. 167. originally providing instruction in "english, latin, greek, french, and piano" in a "home atmosphere," r. sprague, longwood college: a history 7-8 .....
Tag this Judgment!Court : UK Supreme Court
..... the united kingdom was "unsuitable for judicial determination" (at para 18, per lord bingham), the court was "neither concerned nor equipped to decide in whose interests the act was done" (at para 64, per lord hoffmann); or that, although the question might be justiciable, for it to be explored would give rise to great uncertainty; ..... where an "alien" is a person who is neither a commonwealth citizen nor a british protected person nor a citizen of the republic of ireland: british nationality act 1981, section 50(1). 95. article 3 does not require a justification for qualifications which are stricter for standing for election than for voting. as already indicated ..... passage of legislation), but the method proposed is proportionate and consistent with article 3. 79. the unelected house of lords has power (subject to the parliament acts 1911 and 1949) to delay united kingdom legislation, and that is a power which directly affects the process of the elected chamber. the appellants do not suggest .....
Tag this Judgment!Court : UK Supreme Court
..... and by all who attend. in formulating the school's admissions policy, it was also the governing body's duty under s.84(3) of that act to act in accordance with the relevant provisions of the code for school admissions prepared under s.84(1) by the secretary of state. the secretary of state's ..... for the purposes of direct discrimination under section 1(1)(a), as distinct from indirect discrimination under section 1(1)(b), the reason why the alleged discriminator acted on racial grounds is irrelevant. racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this ..... for the purposes of direct discrimination under section 1(1)(a), as distinct from indirect discrimination under section 1(1)(b), the reason why the alleged discriminator acted on racial grounds is irrelevant. racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this .....
Tag this Judgment!Court : US Supreme Court
..... such an accepted part of federal campaign finance regulation that when a large number of plaintiffs, including several nonprofit corporations, challenged virtually every aspect of the act in buckley , 424 u. s. 1 , no one even bothered to argue that the bar as such was unconstitutional. buckley famously (or ..... if successful, will properly invite or entail invalidation of the underlying statute.[ footnote 10 ] the paradigmatic case is a judicial determination that the legislature acted with an impermissible purpose in enacting a provision, as this carries the necessary implication that all future as-applied challenges to the provision must prevail ..... 27a. citizens united desired to promote the video-on-demand offering by running advertisements on broadcast and cable television. b before the bipartisan campaign reform act of 2002 (bcra), federal law prohibited and still does prohibit corporations and unions from using general treasury funds to make direct contributions to candidates or .....
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
..... necessarily incompatible with the use of land for recreational purposes: see sunningwell. if the statutory framework within which section 22(1) [of the commons registration act 1965] was enacted had made provision for low-level agricultural activities to coexist with village green type uses, rather than effectively preventing them once such a use ..... those words or in similar terms) in various statutory provisions dealing with the acquisition by prescription of public or private rights. section 5 of the prescription act 1832 makes it sufficient to plead enjoyment "as of right" (while section 2 refers to a way "actually enjoyed by any person claiming right thereto ..... the appellant, mr kevin lewis, is one of five local residents who made the application for registration of the disputed land under section 15 of the commons act 2006. the first respondent, redcar and cleveland borough council, has a dual capacity, being both the registration authority and the freehold owner of the disputed land .....
Tag this Judgment!Court : UK Supreme Court
..... importance in the future and because i would not go as far as lord collins. lord collins has set out the relevant provisions of the limitation act 1980 ('the act') and the cpr and has discussed the authorities in a masterful way which i could not seek to match. my concern is this. if this ..... , which could not have been dealt with (or normally even predicted) when proceedings were originally issued." he then explained why there was no problem under the limitation act. "in all such situations, of which death is only the most striking, it seems self-evident that any existing proceedings, properly constituted within the limitation period, ..... effect of such decisions as ingall v moran [1944] kb 160, which created a grave injustice where proceedings were instituted under the law reform (miscellaneous provisions) act 1934 prior to letters of administration being taken out and the limitation period expired before proceedings were instituted in a representative capacity: the grant did not date back .....
Tag this Judgment!Court : UK Supreme Court
..... the particular circumstances of each case in keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article ..... internationally recognized, representative government that will exercise the sovereignty of iraq". in its later resolution 1511 of 16 october 2003, the security council, again acting under chapter vii, "reaffirm[ed] the sovereignty and territorial integrity of iraq, and underscore[ed] in that context, the temporary nature of the ..... which a state has jurisdiction over crimes committed by its nationals abroad; second, the so-called "protective principle" under which states claim jurisdiction over acts committed by aliens abroad which threaten the state; third, the "passive personality" basis of jurisdiction under which a state may exercise jurisdiction over .....
Tag this Judgment!Court : UK Supreme Court
..... is unacceptable: it supposes that at least some applications for asylum can be rejected on the basis that the particular applicant could find it reasonably tolerable to act discreetly and conceal his sexual identity indefinitely to avoid suffering severe harm. the new zealand refugee status appeals authority observed in re gj [1998] (1995) ..... it is reasonable for a homosexual person in bangladesh to conform to the laws of bangladesh society, the tribunal failed to determine whether the appellants had acted discreetly only because it was not possible to live openly as a homosexual in bangladesh. because of that failure, the tribunal, unsurprisingly, failed to give ..... directive 2004/83/ec on minimum standards for the qualification and status of third country nationals or stateless persons as refugees ("the qualification directive") states that acts of persecution must "(a) be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights or (b) be .....
Tag this Judgment!