Court : US Supreme Court
..... law served a compelling governmental objective. and, typically, that record contained testimony from members of congress (or state legislators) explaining why congress (or the legislature) acted as it did. see, e.g., mcconnell, 540 u. s., at 147 154 (upholding federal restrictions on soft money by drawing on an extensive ..... more contributors, of course, the more the donor s share in any eventual contribution to smith is diluted. 9 the justice department agrees. as acting assistant attorney general mythili raman recently testified before congress: we anticipate seeing fewer cases of conduit contributions directly to campaign committees or parties, because individuals ..... e.g., national conservative political action comm., 470 u. s., at 497 (quid pro quo corruption occurs when [e]lected officials are influenced to act contrary to their obligations of office by the prospect of financial gain to themselves or infusions of money into their campaigns (emphasis added)); citizens against rent .....
Tag this Judgment!Court : UK Supreme Court
..... as a matter of convention law. that is for the strasbourg court. our role is one of domestic law, as defined by the human rights act. under the act "convention rights", as defined by reference to articles of the convention (section 1(1)), are to be given effect for certain specific purposes. they include ..... in the inquiry's custody for inquiry purposes would potentially be disclosable under the foia. 32. section 19(1) and (3) of the 2005 act contain the act's own regime enabling restrictions to be imposed by the relevant minister or the chairman of the inquiry on disclosure or publication of evidence or documents ..... the inquiry or arbitration. ." 18. other classes of absolutely exempt information include: under section 21, information reasonably accessible to the applicant otherwise than under the act; under section 23, information directly or indirectly supplied by or relating to the security and secret intelligence services, the government communications headquarters, the special forces and .....
Tag this Judgment!Court : UK Supreme Court
..... which the statute of limitations cannot be set up as a defence. amongst these are the case where a stranger to the trust has assumed to act and has acted as a trustee, and the case where a stranger has concurred with the trustee in committing a breach of trust, and has taken possession of the ..... report. to contend that, in enacting those proposals, parliament was adopting those recommendations, which therefore may be looked at for the purpose of interpreting the 1939 act, is one thing. to contend that, in enacting those proposals, parliament was approving the legal analysis or reasoning behind those recommendations, which therefore may be looked ..... the constructive trust (published 1964) cited by millett lj in paragon finance at p 411g. professor waters stated (with hindsight over-optimistically) that "with the limitation act 1939 it ['the limitation controversy'] passed, probably, for ever", the generally accepted view being that "the false and limited trilogy of trusts in soar v ashwell .....
Tag this Judgment!Court : UK Supreme Court
..... of european integration, (1998) vol 25, issue no 1. the article focuses on references to the vienna convention in relation to treaties and secondary legal acts entered into by the community with third parties. the european treaties themselves are of a special and different nature, as the article points out with reference to ..... contemplated that it would be interpreted uniformly and according to accepted european legal principles. when applying the common law presumption that part 1 of the 2003 act gives effect to the united kingdom's international obligations fully and consistently (assange, paras 201 and 204-206), i would therefore think it appropriate to ..... lord kerr, lord wilson, lord hughes and lord toulson agree) introduction 1. these appeals concern requests made for the surrender under part 1 of the extradition act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the european union. the requests relating to the appellants mindaugas .....
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
..... company, it was expected that a winding-up would follow, and the available assets would be distributed to creditors within the liquidation. the enterprise act 2002 ("the 2002 act") rendered it possible for assets to be distributed to creditors by administrators, so that a winding-up can be avoided. (conversely, a company ..... the scheme (the "trustees"). under the section as originally drafted, an "insolvency event" was limited to the employer going into insolvent liquidation, but the 2004 act extended the expression to include going into administration. in this judgment i shall similarly use the expression to cover going into administration or going into insolvent liquidation. ..... it will then consider whether those liabilities rank as expenses of the administration. finally, it will address the power of the court under the 1986 act and the insolvency rules to vary the priority of the liabilities. the relevant statutory provisions relating to pensions 5. in order to protect employees from the .....
Tag this Judgment!Court : UK Supreme Court
..... liability should exchange on the valuation date between a willing buyer and a willing seller in an arm's length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion." 105. so understood, market value is specific to a given place at a given time. that point can be illustrated by the episode in vanity ..... client, so the provider of the benefits would hope for repeat business; or the service-provider's reputation and goodwill would be enhanced by it being known that he had acted for that client. in my view, in such a case, the very fact that the particular defendant would be able to negotiate a lower price in the open market provides .....
Tag this Judgment!Court : US Supreme Court
..... prove to be irrational. those legal errors may be made in good faith, errors though they are. but the majority says that the supporters of this act acted with malice with the purpose (ante, at 25) to disparage and to injure same-sex couples. it says that the motivation for doma was to demean ..... impossible, given the federal government s long history of making pronouncements regarding marriage for example, conditioning utah s entry into the union upon its prohibition of polygamy. see act of july 16, 1894, ch. 138, 3, ( the constitution [of utah] must provide perfect toleration of religious sentiment, provided, that polygamous or plural ..... such consideration is the extent to which adversarial presentation of the issues is ensured by the participation of amici curiae prepared to defend with vigor the legislative act s constitutionality. see chadha, supra, at 940. here, blag s substantial adversarial argument for 3 s constitutionality satisfies prudential concerns that otherwise might counsel .....
Tag this Judgment!Court : US Supreme Court
..... percent. s. rep. no. 109 295, at 13. there is no doubt that these improvements are in large part because of the voting rights act. the act has proved immensely successful at redressing racial discrimination and integrating the voting process. see 2(b)(1), 120stat. 577. during the freedom summer of 1964, ..... discriminatory voting practices such as voting dilution). efforts to reduce the impact of minority votes, in contrast to direct attempts to block access to the bal- lot, are aptly described as second-generation barriers to minority voting. second-generation barriers come in various forms. one of the blockages is racial ..... rejected this very argument when addressing a materially identical severability provision, explaining that such a provision is congress explicit textual instruction to leave unaffected the remainder of [the act] if any particular application is unconstitutional. national federation of independent business v. sebelius, 567 u. s. __, __ (2012) (plurality opinion) (slip op., .....
Tag this Judgment!Court : UK Supreme Court
..... statutory framework covering both general liability and the means to secure greater protection where exceptionally it is required. 177. it was the crown proceedings act 1947 which opened the way generally to proceedings in tort against the crown. however, section 10 preserved a specific and precisely defined statutory exception ..... , this is a situation which differs from those 'dangerous' situations of specific threat to life which arise exceptionally from risks posed by violent, unlawful acts of others or man-made or natural hazards. the armed forces, just as doctors in the medical world, routinely engage in activities that potentially could ..... 131 a state's jurisdictional competence under article 1 is primarily territorial. jurisdiction is presumed to be exercised normally throughout the state's territory. conversely, acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction within the meaning of article 1 only in .....
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