Compelled Apologies as a Legal Remedy: Some Thoughts
... or unwilling to comply with the relief applied for, or when it is not possible to effectively enforce the defendant’s compliance with the order.17 Hence, not only a lack of standing, but also the concept of futility might stand in the way: Carroll and Witzleb mention that some Australian courts ‘hav ...
... or unwilling to comply with the relief applied for, or when it is not possible to effectively enforce the defendant’s compliance with the order.17 Hence, not only a lack of standing, but also the concept of futility might stand in the way: Carroll and Witzleb mention that some Australian courts ‘hav ...
Educational Materials for Abraham Lincoln Subtopic
... of his executive power as President were informed by the natural law. Lincoln’s arguments against slavery, immortalized in the famous Lincoln-Douglas debates, were grounded on both natural-law and natural-right principles. He asserted classical natural-law notions of the nature of the human person a ...
... of his executive power as President were informed by the natural law. Lincoln’s arguments against slavery, immortalized in the famous Lincoln-Douglas debates, were grounded on both natural-law and natural-right principles. He asserted classical natural-law notions of the nature of the human person a ...
Ink Blot or Not: the Meaning of Privileges And/Or Immunities
... SOURCES, supra note 6, at 44 n.26 (emphasis added). Id. at 288. See also id. at 287 (noting that “our ancestors . . . were . . . entitled to all the rights, liberties, and immunities of free and natural-born subjects”). See ARTICLES OF CONFEDERATION AND PERPETUAL UNION, art. IV, § 1 (“The better to ...
... SOURCES, supra note 6, at 44 n.26 (emphasis added). Id. at 288. See also id. at 287 (noting that “our ancestors . . . were . . . entitled to all the rights, liberties, and immunities of free and natural-born subjects”). See ARTICLES OF CONFEDERATION AND PERPETUAL UNION, art. IV, § 1 (“The better to ...
“If You Are Not a United States Citizen . . .”: International Requirements in the Arrest of Foreigners
... Statistics have not been compiled in the United States or elsewhere, hence the precise level of compliance remains a matter of speculation. Article 36 does not specify which officials must inform the foreign national about the right of consular contact. In theory this could be done by any official o ...
... Statistics have not been compiled in the United States or elsewhere, hence the precise level of compliance remains a matter of speculation. Article 36 does not specify which officials must inform the foreign national about the right of consular contact. In theory this could be done by any official o ...
The Forgotten Father: What Happened to Equal Rights?
... the laws and were therefore unconstitutional because: (1) they are void on their face for not providing any role for the prospective father’s decision concerning the disposition of the pregnancy; (2) they do not provide for consideration of the prospective father’s mental or physical health in the d ...
... the laws and were therefore unconstitutional because: (1) they are void on their face for not providing any role for the prospective father’s decision concerning the disposition of the pregnancy; (2) they do not provide for consideration of the prospective father’s mental or physical health in the d ...
An Eighteenth Century Second Amendment in a Twenty
... materials, but on a handful of texts that have been endlessly recycled in one law review essay after another. Rather than cite dozens of texts, originalists cite the same text dozens of times.10 The Second Amendment, Federalism, and Popular Constitutionalism In much the same way that Second Amendmen ...
... materials, but on a handful of texts that have been endlessly recycled in one law review essay after another. Rather than cite dozens of texts, originalists cite the same text dozens of times.10 The Second Amendment, Federalism, and Popular Constitutionalism In much the same way that Second Amendmen ...
Bill of Rights ppt.
... 8. Freedom from cruel and unusual punishment Eighth Amendment – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 9. Rights specifically listed in the Constitution (federal) shall not limit the rights not listed in the Constitution (state ...
... 8. Freedom from cruel and unusual punishment Eighth Amendment – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 9. Rights specifically listed in the Constitution (federal) shall not limit the rights not listed in the Constitution (state ...
The Irish Abortion Cases: European Limits to National Sovereignty
... practice, exactly as the European Commission of Human Rights had done in Open Door. He did not, however, arrive at the same conclusion. Although hè found that the Irish ban interfered with the freedom of expression, hè considered it justified under the limitation grounds of Article 10 § 2. How could ...
... practice, exactly as the European Commission of Human Rights had done in Open Door. He did not, however, arrive at the same conclusion. Although hè found that the Irish ban interfered with the freedom of expression, hè considered it justified under the limitation grounds of Article 10 § 2. How could ...
Over the past two decades, our nation`s legal landscape has been
... quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law” (“The Bill of Rights”). This has been interpreted in two different ways. One maintains that every citizen of the United States should be allowed to carry his or her own gun, and the ...
... quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law” (“The Bill of Rights”). This has been interpreted in two different ways. One maintains that every citizen of the United States should be allowed to carry his or her own gun, and the ...
Constitutional Law - Second Amendment Right to Bear Arms
... The regulation at bar evoked a direct and immediate interference with the use and value of the handguns.44 Once this concession was made, however, the court went no further, declaring the regulation constituted a noncompensable taking. 5 A state or local government may take private property for publ ...
... The regulation at bar evoked a direct and immediate interference with the use and value of the handguns.44 Once this concession was made, however, the court went no further, declaring the regulation constituted a noncompensable taking. 5 A state or local government may take private property for publ ...
Due Process-Voting Rights Powerpoint
... that embodies a system of rights based on moral principles. The due process principle states that the government must respect all of the legal rights that are owed to a person according to the law. Thus the due process clause in the constitution prohibits the state and local government from deprivin ...
... that embodies a system of rights based on moral principles. The due process principle states that the government must respect all of the legal rights that are owed to a person according to the law. Thus the due process clause in the constitution prohibits the state and local government from deprivin ...
Chapter 16 - Annenberg Classroom
... procedural and substantive. Procedural due process is about the fair application of laws to guarantee equal justice for all persons in legal proceedings. Substantive due process refers to unspecified rights, fundamental to the maintenance of liberty and order, that must be guaranteed to all persons ...
... procedural and substantive. Procedural due process is about the fair application of laws to guarantee equal justice for all persons in legal proceedings. Substantive due process refers to unspecified rights, fundamental to the maintenance of liberty and order, that must be guaranteed to all persons ...
HistoryofSeparatebutEqual
... citizen, Plessy should not have been denied any rights of citizenship. He should not have been required to give up any public right or access. The Louisiana law violated the Equal Protection Clause and was, therefore, unconstitutional. For the State of Louisiana: It is the right of each State to mak ...
... citizen, Plessy should not have been denied any rights of citizenship. He should not have been required to give up any public right or access. The Louisiana law violated the Equal Protection Clause and was, therefore, unconstitutional. For the State of Louisiana: It is the right of each State to mak ...
judges as lawmakers: the irish experience
... follow the Privy Council decision rather than the earlier Irish case. Had the former been a House of Lords decision, the court would have been obliged to follow it, but since it was a Privy Council decision, they were at liberty to prefer the view taken in Byrne. The greatest of Irish 19th century j ...
... follow the Privy Council decision rather than the earlier Irish case. Had the former been a House of Lords decision, the court would have been obliged to follow it, but since it was a Privy Council decision, they were at liberty to prefer the view taken in Byrne. The greatest of Irish 19th century j ...
The Constitution
... Now, Go onto Edmodo and propose a new amendment for the Constitution that establishes a critical “right” not currently protected by the document and explain why this “right” ought to be protected. Place your post under the Topic “New ...
... Now, Go onto Edmodo and propose a new amendment for the Constitution that establishes a critical “right” not currently protected by the document and explain why this “right” ought to be protected. Place your post under the Topic “New ...
Article 9 of the Constitution of Singapore
Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.Article 9(1) states that persons may be deprived of life or personal liberty ""in accordance with law"". In Ong Ah Chuan v. Public Prosecutor (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term law means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice. Subsequently, in Yong Vui Kong v. Attorney-General (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. A related decision, Yong Vui Kong v. Public Prosecutor (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation. In the same case, the Court of Appeal held that law in Article 9(1) does not include rules of customary international law.Other subsections of Article 9 enshrine rights accorded to persons who have been arrested, namely, the right to apply to the High Court to challenge the legality of their detention, the right to be informed of the grounds of arrest, the right to counsel, and the right to be produced before a magistrate within 48 hours of arrest. These rights do not apply to enemy aliens or to persons arrested for contempt of Parliament. The Constitution also specifically exempts the Criminal Law (Temporary Provisions) Act (Cap. 67, 2000 Rev. Ed.), the Internal Security Act (Cap. 143, 1985 Rev. Ed.), and Part IV of the Misuse of Drugs Act (Cap. 185, 2008 Rev. Ed.) from having to comply with Article 9.