Mr. Justice Frankfurter: Judgment and the Fourteenth Amendment
... that because "the raw materials of public law controversies are contemporary affairs ... understanding of their significance is seldom achieved on the bench without considerable prior immersion in affairs."' 23 Nevertheless, what Frankfurter principally learned from Holmes and Cardozo related to mat ...
... that because "the raw materials of public law controversies are contemporary affairs ... understanding of their significance is seldom achieved on the bench without considerable prior immersion in affairs."' 23 Nevertheless, what Frankfurter principally learned from Holmes and Cardozo related to mat ...
Lautsi v. Italy - HUDOC
... provisions not included in the single text remain in force, “with the exception of provisions contrary to or incompatible with the single text, which are repealed”. By a decision of 15 December 2004 (no. 389), the Constitutional Court declared the question as to constitutionality manifestly inadmiss ...
... provisions not included in the single text remain in force, “with the exception of provisions contrary to or incompatible with the single text, which are repealed”. By a decision of 15 December 2004 (no. 389), the Constitutional Court declared the question as to constitutionality manifestly inadmiss ...
The Second Death of Substantive Due Process
... Franklin D. Roosevelt being elected and then re-elected President, each time by landslide margins. Shortly after the Court announced its decision in Morehead, Roosevelt unveiled his infamous "Court-packing" plan.' 4 While Congress debated the proposal, however, the Court sounded the death knell for ...
... Franklin D. Roosevelt being elected and then re-elected President, each time by landslide margins. Shortly after the Court announced its decision in Morehead, Roosevelt unveiled his infamous "Court-packing" plan.' 4 While Congress debated the proposal, however, the Court sounded the death knell for ...
AP GOV Case Study List - Westerville City Schools
... religion” (Zelman v. Simmons-Harris, LII). Despite the overall benefits to private, religiously-affiliated schools, this aid can only be linked indirectly to the state government. The program was impartial and did not restrict the money to religious groups. The Court also used stare decisis to reach ...
... religion” (Zelman v. Simmons-Harris, LII). Despite the overall benefits to private, religiously-affiliated schools, this aid can only be linked indirectly to the state government. The program was impartial and did not restrict the money to religious groups. The Court also used stare decisis to reach ...
RTF format
... been in the nature of a normal commercial transaction, although it was forced upon the plaintiffs. He did not favour escalating under compensation in line with the index of house prices as it was not clear that the plaintiffs would invest the money they received in housing. Mr Lowther favoured an a ...
... been in the nature of a normal commercial transaction, although it was forced upon the plaintiffs. He did not favour escalating under compensation in line with the index of house prices as it was not clear that the plaintiffs would invest the money they received in housing. Mr Lowther favoured an a ...
Judicial Activism: The Indian Experience
... tradition of construing statutes in favor of the subject, but being honestly concerned about the situation created by the War, did not want to embarrass the executive while engaged in the prosecution of the War. Lord Atkin dissented, stating that they could nevertheless uphold the executive action i ...
... tradition of construing statutes in favor of the subject, but being honestly concerned about the situation created by the War, did not want to embarrass the executive while engaged in the prosecution of the War. Lord Atkin dissented, stating that they could nevertheless uphold the executive action i ...
In re Gault and the Privilege Against Self
... Home. The deputy probation officer, Flagg, who was also superintendent of the Detention Home, told Mrs. Gault "why Jerry was there" and said that a hearing would be held in juvenile court at 3 p.m. the following day, June 9. Officer Flagg filed a petition with the court on the hearing day, June 9, 1 ...
... Home. The deputy probation officer, Flagg, who was also superintendent of the Detention Home, told Mrs. Gault "why Jerry was there" and said that a hearing would be held in juvenile court at 3 p.m. the following day, June 9. Officer Flagg filed a petition with the court on the hearing day, June 9, 1 ...
The Rise and Fall of Judicial Self-Restraint
... argued that this implied that the legislature had to make an independent constitutional judgment—especially the federal legislature, because federal courts refuse to issue advisory opinions—and so Congress has to decide for itself whether a statute that it wants to enact would be constitutional. (He ...
... argued that this implied that the legislature had to make an independent constitutional judgment—especially the federal legislature, because federal courts refuse to issue advisory opinions—and so Congress has to decide for itself whether a statute that it wants to enact would be constitutional. (He ...
Substantive Due Process After Gonzales v. Carhart
... controlling concurrence and to have left Roberts, Scalia, Thomas, and Alito to speak for themselves. The fact that Chief Justice Roberts and Justice Alito were able to talk Justice Kennedy out of doing this and into producing an opinion that all five restraintist Justices could join is a striking ac ...
... controlling concurrence and to have left Roberts, Scalia, Thomas, and Alito to speak for themselves. The fact that Chief Justice Roberts and Justice Alito were able to talk Justice Kennedy out of doing this and into producing an opinion that all five restraintist Justices could join is a striking ac ...
Primus - NYU School of Law
... ii. Federalism & Separation of Powers 1. Articles of Confederation (1777) (P6) a. Created for common defense. b. This gov’t did not work well. No taxation power or enforcement ability – totally state-dependent. c. Sovereignty in the states, with one vote each. States retained all powers not expressl ...
... ii. Federalism & Separation of Powers 1. Articles of Confederation (1777) (P6) a. Created for common defense. b. This gov’t did not work well. No taxation power or enforcement ability – totally state-dependent. c. Sovereignty in the states, with one vote each. States retained all powers not expressl ...
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... In the case of TEMA DEVELOPMENT CORPORATION & MUSAH v. ATTA BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SE ...
... In the case of TEMA DEVELOPMENT CORPORATION & MUSAH v. ATTA BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SE ...
Russia and the European Court of Human Rights
... human rights record of other the ECtHR, with profound conEuropean nations that would allow it to rebuke the ECtHR for sequences for Russian law and the Russian legal system.30 It was the Russian Constitutional Court, for example, that demanded undue interference with its domestic enforcement of civi ...
... human rights record of other the ECtHR, with profound conEuropean nations that would allow it to rebuke the ECtHR for sequences for Russian law and the Russian legal system.30 It was the Russian Constitutional Court, for example, that demanded undue interference with its domestic enforcement of civi ...
McGimpsey -v- Ireland
... Constitution - Executive - International relations - Agreement between governments of Ireland and UnitedKingdom in relation to Northern Ireland - Affirmation by both governments that change in status ofNorthern Ireland would only come about by consent of majority of population of Northern Ireland- E ...
... Constitution - Executive - International relations - Agreement between governments of Ireland and UnitedKingdom in relation to Northern Ireland - Affirmation by both governments that change in status ofNorthern Ireland would only come about by consent of majority of population of Northern Ireland- E ...
Constitutional Limits on the Decisional Powers of Courts and
... inherent in government by administrative bodies lie not in the blending of powers in a single body but in permitting that body's power to be beyond check or review.3 This judicial recognition of the appropriateness of the administrative process does not leave administrative agencies free of all cons ...
... inherent in government by administrative bodies lie not in the blending of powers in a single body but in permitting that body's power to be beyond check or review.3 This judicial recognition of the appropriateness of the administrative process does not leave administrative agencies free of all cons ...
Judicial Review and Its Politicization in Central America: Guatemala
... criticisms of "judicial-made law" is that it leads to unelected and unaccountable judges replacing elected officials in the policy-making process. However, counter to this, many would argue that activist judiciaries can be good for democracy if they uphold and protect the interests of the weak and t ...
... criticisms of "judicial-made law" is that it leads to unelected and unaccountable judges replacing elected officials in the policy-making process. However, counter to this, many would argue that activist judiciaries can be good for democracy if they uphold and protect the interests of the weak and t ...
Judicial Recusation in the Federal Republic of Germany
... The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. Upon consideration of the first aspect it is necessary to scrutinize the nature of judicial appoin ...
... The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. Upon consideration of the first aspect it is necessary to scrutinize the nature of judicial appoin ...
Due Process and the Right to Counsel in Administrative Proceedings
... the former existing only to the extent granted by law. 4 ' In the administrative field, the nature of the hearing has become the criterion for establishing the right to counsel. 42 Thus, it is necessary to consider the ends to be achieved in an administrative hearing before it can be determined whet ...
... the former existing only to the extent granted by law. 4 ' In the administrative field, the nature of the hearing has become the criterion for establishing the right to counsel. 42 Thus, it is necessary to consider the ends to be achieved in an administrative hearing before it can be determined whet ...
the constitution of nauru
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
the constitution of nauru
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
THE CONSTITUTION OF NAURU*
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
... (c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry o ...
The Saga of Wiretapping in France
... years of its existence. No one had in fact expected it to accomplish very much. The Gaullists who drafted the new Constitution created it primarily to protect from Parliamentary infringement the autonomous lawmaking power which they conferred on the executive. Statutes that unconstitutionally invade ...
... years of its existence. No one had in fact expected it to accomplish very much. The Gaullists who drafted the new Constitution created it primarily to protect from Parliamentary infringement the autonomous lawmaking power which they conferred on the executive. Statutes that unconstitutionally invade ...
volume xvii
... has elaborately set them out in his judgement in the historical and constitutional perspective with which I agree entirely. ...
... has elaborately set them out in his judgement in the historical and constitutional perspective with which I agree entirely. ...
Appendix - Annenberg Classroom
... Myra Bradwell was well qualified to be a lawyer, but Illinois denied her the right to practice law solely because of her gender. She based her appeal of the Illinois Supreme Court’s decision on the “privileges and immunities” clause of the Fourteenth Amendment, but the U.S. Supreme Court upheld the ...
... Myra Bradwell was well qualified to be a lawyer, but Illinois denied her the right to practice law solely because of her gender. She based her appeal of the Illinois Supreme Court’s decision on the “privileges and immunities” clause of the Fourteenth Amendment, but the U.S. Supreme Court upheld the ...
Meddling with the Vienna Convention on Consular
... general, codifying the ICJ’s Avena judgment in particular, or allowing the federal courts to review these claims despite AEDPA and procedural defaults, Congress can ensure that the right of arrested foreign nationals to contact their consular officials is protected in the United States. The proposed ...
... general, codifying the ICJ’s Avena judgment in particular, or allowing the federal courts to review these claims despite AEDPA and procedural defaults, Congress can ensure that the right of arrested foreign nationals to contact their consular officials is protected in the United States. The proposed ...
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 ...