Course Orientation - NYU School of Law
... protected human rights from both federal and state governments. Fears the omissions will destroy us, thus effectively predicting the Civil War. ii. Reconstruction Amendments can be seen as finally fulfilling Madison’s vision, even though they weren’t effectively enforced until after WWI and the grea ...
... protected human rights from both federal and state governments. Fears the omissions will destroy us, thus effectively predicting the Civil War. ii. Reconstruction Amendments can be seen as finally fulfilling Madison’s vision, even though they weren’t effectively enforced until after WWI and the grea ...
RTF format
... domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is reported— (a) render such assistance to the complainant as may be required in the circumstances, including assisting or making arrangements for the complainant to find a suitable shelter a ...
... domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is reported— (a) render such assistance to the complainant as may be required in the circumstances, including assisting or making arrangements for the complainant to find a suitable shelter a ...
RTF format
... the Zoning Scheme Regulations. In keeping with her findings on the clause D(d) issue, she held that it had also been established by the applicants, at least on a prima facie basis, that the ground level from which the height of the proposed façade of the building was measured had been artificially m ...
... the Zoning Scheme Regulations. In keeping with her findings on the clause D(d) issue, she held that it had also been established by the applicants, at least on a prima facie basis, that the ground level from which the height of the proposed façade of the building was measured had been artificially m ...
Primus - NYU School of Law
... questions affect/deny rights?). c. Is mandamus the right remedy? It’s the right writ, but are we the right body? Here’s the meat. i. Art. III grants original jurisdiction for some things (not including mandamus) and appellate for others. Congress gave SCOTUS original jurisdiction to take writs of ma ...
... questions affect/deny rights?). c. Is mandamus the right remedy? It’s the right writ, but are we the right body? Here’s the meat. i. Art. III grants original jurisdiction for some things (not including mandamus) and appellate for others. Congress gave SCOTUS original jurisdiction to take writs of ma ...
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... Judge correctly appreciated the issue in that case, when he stated as follows, that it was not opened to a Judge to assume fresh jurisdiction under the cloak of an application for prerogative orders in a disputed election results for which an election petition had previously been filed. That in itse ...
... Judge correctly appreciated the issue in that case, when he stated as follows, that it was not opened to a Judge to assume fresh jurisdiction under the cloak of an application for prerogative orders in a disputed election results for which an election petition had previously been filed. That in itse ...
constitutional-court-2004-3
... Rule 15, which is in issue, applies to petitions, which come to the Constitutional Court under article 137 of the Constitution. It is necessary to internalise the jurisdiction of this court under article 137 of the Constitution in order to decide whether Rule 15 is unconstitutional as alleged. The S ...
... Rule 15, which is in issue, applies to petitions, which come to the Constitutional Court under article 137 of the Constitution. It is necessary to internalise the jurisdiction of this court under article 137 of the Constitution in order to decide whether Rule 15 is unconstitutional as alleged. The S ...
Midnight Appointment Case
... legis (ordinary meaning) would have obviated dwelling on the organization and arrangement of the provisions of the Constitution. If there is any ambiguity in Section 15, Article VII, the intent behind the provision, which is to prevent political partisanship in all branches of the Government, should ...
... legis (ordinary meaning) would have obviated dwelling on the organization and arrangement of the provisions of the Constitution. If there is any ambiguity in Section 15, Article VII, the intent behind the provision, which is to prevent political partisanship in all branches of the Government, should ...
the americanization of constitutional law and its
... Constitutional rule of law began to develop after the end of World War II, particularly in the last quarter of the twentieth century. The development of constitutional rule of law is primarily characterized by subordination of legality to a rigid constitution. Today, the validity of laws does not de ...
... Constitutional rule of law began to develop after the end of World War II, particularly in the last quarter of the twentieth century. The development of constitutional rule of law is primarily characterized by subordination of legality to a rigid constitution. Today, the validity of laws does not de ...
UNIVERSITY OF THE WEST INDIES
... did arise, or could have done if in the Court of Appeal reliance had been placed upon this constitutional provision (as does not appear to have been the case), was the application of these plain and simple words to the particular facts of Mr. Frater's case. The information required to be given to an ...
... did arise, or could have done if in the Court of Appeal reliance had been placed upon this constitutional provision (as does not appear to have been the case), was the application of these plain and simple words to the particular facts of Mr. Frater's case. The information required to be given to an ...
Bans on political parties – The limitation of free political competition
... Basic Law just replaces the normal retroactive control by a preemptive control and that this makes it more effective.34) As long as there has been no judgment of the Federal Constitutional Court which establishes the “unconstitutionality” of the party, it is in a very privileged legal position. No a ...
... Basic Law just replaces the normal retroactive control by a preemptive control and that this makes it more effective.34) As long as there has been no judgment of the Federal Constitutional Court which establishes the “unconstitutionality” of the party, it is in a very privileged legal position. No a ...
The Proposal for a League to Enforce Peace
... ground that it surrenders too much of a Nation's sovereignty. I do not think so. It may encounter opposition when it is brought up in a world's conference, but I think we here ought to stand for it and press it as far as we can in order that the agreement which shall be made shall* cover as much gro ...
... ground that it surrenders too much of a Nation's sovereignty. I do not think so. It may encounter opposition when it is brought up in a world's conference, but I think we here ought to stand for it and press it as far as we can in order that the agreement which shall be made shall* cover as much gro ...
constitutional-court-2013-10
... a number of grammatical and clerical errors. In this Petition volumes of materials were filed in Court that required a lot of time to read and analyse. It later turned out that they were all irrelevant. They were never referred to in ...
... a number of grammatical and clerical errors. In this Petition volumes of materials were filed in Court that required a lot of time to read and analyse. It later turned out that they were all irrelevant. They were never referred to in ...
THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT
... The Constitution expressly commands the Courts concerned to give that priority to such cases. However, to extend that reasoning to the period prior to the filing of a petition, can lead to unintended difficulties. The most conspicuous difficulty is in respect of petitions alleging that an Act of Par ...
... The Constitution expressly commands the Courts concerned to give that priority to such cases. However, to extend that reasoning to the period prior to the filing of a petition, can lead to unintended difficulties. The most conspicuous difficulty is in respect of petitions alleging that an Act of Par ...
SECOND SECTION PARTIAL DECISION AS TO THE
... “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” Article 14 of the Convention “The enjoyment of the rights and freedoms set f ...
... “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” Article 14 of the Convention “The enjoyment of the rights and freedoms set f ...
Constitutional Adjudication and Interpretation of the Italian Constitution
... The Court stated that in Italian Constitution there are expressed and implicit limits at the admissibility of referendum. Expressed limits are enumerated in art. 75 Const. Implicit limits can be deduced by the interpretation of this article. Interpreting art. 75 Cost., the Court stated that referend ...
... The Court stated that in Italian Constitution there are expressed and implicit limits at the admissibility of referendum. Expressed limits are enumerated in art. 75 Const. Implicit limits can be deduced by the interpretation of this article. Interpreting art. 75 Cost., the Court stated that referend ...
1 Case Summary Suresh Kumar Koushal and another v NAZ
... The panel of two Supreme Court judges deciding the case allowed the appeal and overturned the High Court’s previous decision, finding its declaration to be “legally unsustainable”. The Supreme Court ultimately found that Section 377 IPC does not violate the Constitution and dismissed the writ petiti ...
... The panel of two Supreme Court judges deciding the case allowed the appeal and overturned the High Court’s previous decision, finding its declaration to be “legally unsustainable”. The Supreme Court ultimately found that Section 377 IPC does not violate the Constitution and dismissed the writ petiti ...
3rd period Powerpoints on Marshall Court
... The federal government ended up having the power to do what is necessary and proper, which included the grant of authority to establish a national bank, under the Constitution. ...
... The federal government ended up having the power to do what is necessary and proper, which included the grant of authority to establish a national bank, under the Constitution. ...
Bhe and Others v The Magistrate, Khayelitsha and Others Case CCT
... The cases concerned a constitutional challenge to the rule of male primogeniture as it applies in the African customary law of succession, as well as constitutional challenges to section 23 of the Black Administration Act, 38 of 1927, regulations promulgated in terms of that section and s. 1(4)(b) o ...
... The cases concerned a constitutional challenge to the rule of male primogeniture as it applies in the African customary law of succession, as well as constitutional challenges to section 23 of the Black Administration Act, 38 of 1927, regulations promulgated in terms of that section and s. 1(4)(b) o ...
RTF format
... The case involved a challenge to the constitutionality of s 84 of the Forest Act 122 of 1984 (the Act), which presumes negligence in certain circumstances. The Act regulates the prevention and control of fires by creating fire control areas where schemes of compulsory fire control are established. L ...
... The case involved a challenge to the constitutionality of s 84 of the Forest Act 122 of 1984 (the Act), which presumes negligence in certain circumstances. The Act regulates the prevention and control of fires by creating fire control areas where schemes of compulsory fire control are established. L ...
Remedies in Singapore constitutional law
The remedies available in a Singapore constitutional claim are the prerogative orders – quashing, prohibiting and mandatory orders, and the order for review of detention – and the declaration. As the Constitution of the Republic of Singapore (1985 Rev. Ed., 1999 Reprint) is the supreme law of Singapore, the High Court can hold any law enacted by Parliament, subsidiary legislation issued by a minister, or rules derived from the common law, as well as acts and decisions of public authorities, that are inconsistent with the Constitution to be void. Mandatory orders have the effect of directing authorities to take certain actions, prohibiting orders forbid them from acting, and quashing orders invalidate their acts or decisions. An order for review of detention is sought to direct a party responsible for detaining a person to produce the detainee before the High Court so that the legality of the detention can be established.The High Court also has the power to grant declarations to strike down unconstitutional legislation. Article 4 of the Constitution states that legislation enacted after the commencement of the Constitution on 9 August 1965 that is inconsistent with the Constitution is void, but the Court of Appeal has held that on a purposive reading of Article 4 even inconsistent legislation enacted before the Constitution's commencement can be invalidated. In addition, Article 162 places a duty on the Court to construe legislation enacted prior to the commencement of the Constitution into conformity with the Constitution.There are two other more unusual remedies that may be granted. When a law is declared unconstitutional, the Court of Appeal may apply the doctrine of prospective overruling to prevent prejudice to an accused by overruling the law only from the date of the judgment but preserving it with regards to acts done prior to the judgment. In Canada, the Supreme Court has held that unconstitutional laws can be given temporary validity to prevent a legal vacuum caused by the voiding of laws until the legislature has had time to re-enact the laws in a constitutional manner. This remedy has yet to be applied in Singapore.Damages and injunctions are not remedies that are available in constitutional claims in Singapore.