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
..... against states not party to the present convention. such declaration shall be without prejudice to the immunity from jurisdiction which foreign states enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii). 38. the united kingdom made such a declaration at the time of ratification of the ..... following short passage in para 24 of his judgment "in my judgment, the proceedings resulting from an application to register a judgment under the 1920 act relate not to the transaction or transactions underlying the original judgment but to that judgment. the issues in such proceedings are concerned essentially with the question ..... the purposes of commercial trade. this reflected a growing recognition around the world of the "restrictive doctrine" of state immunity under which immunity related to governmental acts in the exercise of sovereign authority (acta jure imperii) but not to commercial activities carried on by the state (acta jure gestionis). 11. the absolute .....
Tag this Judgment!Court : US Supreme Court
..... of video games for disfavored treatment at least when compared to booksellers, cartoonists, and movie producers and has given no persuasive reason why. the act is also seriously underinclusive in another respect and a respect that renders irrelevant the contentions of the concurrence and the dissents that video games are qualitatively ..... about whether the state is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint. california also cannot show that the act s restrictions meet the alleged substantial need of parents who wish to restrict their children s access to violent videos. the video-game industry s ..... studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. any demonstrated effects are both small and indistinguishable from effects produced by other media. since california has declined to restrict those other media, e .....
Tag this Judgment!Court : UK Supreme Court
..... it unlikely. but that is irrelevant to whether the claimants had rights in domestic law, for which there can be no source other than the 1998 act. the act did not transmute international law obligations into domestic ones. it created new domestic human rights. the simple question is whether as a matter of construction, those ..... now under consideration, of treating all the obligations arising under article 2 as parts of a single whole. parliament cannot be taken to have intended that the act should apply differently to the primary obligation (to protect life) and a consequential obligation (to investigate a death). for this reason i consider these judicial ..... occurring under their responsibility. what form of investigation will achieve those purposes may vary in different circumstances. however, whatever mode is employed, the authorities must act of their own motion, once the matter has come to their attention." this then became a standard part of the summary of the strasbourg law given .....
Tag this Judgment!Court : UK Supreme Court
..... newly discovered facts, no reasonable jury, properly directed, could have convicted them. dissenting judgments lord judge the legislation section 133(1) of the criminal justice act 1988 ("section 133") provides: " when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been ..... unsafe and therefore the basis on which the secretary of state decides if the conditions for statutory compensation are fulfilled." similar letters were sent to solicitors acting for mr macdermott. these solicitors also made further representations and on 17 november 2008 a final responding letter was sent in which the following appeared: ..... force there, alongside the system for the payment of compensation in respect of all reversals of convictions that fall within section 133 of the 1988 act. this enables those against whom criminal proceedings were taken which can properly be regarded with hindsight as wrongful to be compensated even though their cases .....
Tag this Judgment!Court : US Supreme Court
..... all significant decisions in the exercise of reasonable professional judgment, id., at 690 . to overcome that presumption, a defendant must show that counsel failed to act reasonabl[y] considering all the circumstances. id., at 688. the court cautioned that [t]he availability of intrusive post-trial inquiry into attorney performance ..... for tactical reasons rather than through sheer neglect (citing strickland , supra, at 690)). the state-court record supports the idea that pinholster s counsel acted strategically to get the prosecution s aggravation witnesses excluded for lack of notice, and if that failed, to put on pinholster s mother. other statements made ..... petition has expired, however, a state court orders the state to disclose additional documents the petitioner had timely requested under the state s public records act. the disclosed documents reveal that the state withheld other exculpatory witness statements, but state law would not permit the petitioner to present the new evidence .....
Tag this Judgment!Court : UK Supreme Court
..... ac 573 the plaintiff, who claimed damages for false imprisonment, had been arrested by police officers on a charge of "unlawful possession" under the liverpool corporation act 1921. that act did not give a power to arrest for this offence. the defendants raised by way of defence a plea that, at the time of the arrest they ..... these public law cases for special treatment. in most cases of false imprisonment, the problem will not arise, because the detainer does not have a choice between acting lawfully and acting unlawfully. the prison governor in r v governor of brockhill prison, ex p evans (no 2) [2001] 2 ac 19 had no power to detain ..... had been widely rejected in other constitutional democracies: 28, 30. the present claims are not, of course, for constitutional damages. exemplary damages are available where the executive has acted in a way which is oppressive, arbitrary or unconstitutional. in kuddus v chief constable of leicestershire constabulary [2001] ukhl 29, [2002] 2 ac 122, 63 lord .....
Tag this Judgment!Court : UK Supreme Court
..... if public authorities are allowed to participate in the collective procurement of goods and services, so long as no private interests are involved and they are acting solely in the public interest in the carrying out of their public service tasks. asemfo shows that the decisive influence that a contracting public authority must ..... established to carry out agricultural, forestry and other rural development activities for those public bodies. although it was a legally distinct entity, it was obliged to act in accordance with instructions received from them and to carry out work at rates fixed by regulation. it could not negotiate terms. asemfo complained that the ..... been two significant developments. first, on 12 november 2009 royal assent was given to the local democracy, economic development and construction act 2009 ("the 2009 act"). section 34 of the 2009 act gives power to local authorities to enter into mutual insurance arrangements of the kind in issue in this case. it also permits the .....
Tag this Judgment!Court : UK Supreme Court
..... are actually increasing and compounding their disadvantages." our present system of identifying and providing for the special educational needs of disabled children, contained in the education act 1996, is the outcome of the recommendations of the warnock report, first legislated in 1981, and based on that philosophy. this is not to suggest ..... had to be provided for children with special educational needs. mr bowen placed at the heart of his argument the requirement of section 19 of the education act: "(1) each local education authority shall make arrangements for the provision of suitable ... education at school or otherwise than at school for those children of ..... he is doubly incontinent, has no concept of danger and requires constant supervision. he is reliant on adults for his every need. under the education act 1996 ("the education act") he had, at the material time special educational needs. a's claim was brought together with similar claims by three other young people with special .....
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 .....
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