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The Supreme Court of Canada (SCC) on Thursday rejected Ontario’s request for an appeal on a landmark case concerning Canada’s climate policy. Any law deemed unconstitutional is unenforceable, and if the plaintiffs succeed the government will thus be forced to revise its climate policy. The case, Mathur v.
South African President Cyril Ramaphosa signed a controversial bill into law Thursday that authorizes the government to expropriate private land without compensation in certain cases. The law, the product of a five-year project, repeals the predemocractic-era Expropriation Act of 1975.
The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower court ruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.
The UN expressed concern Monday over the UK government’s action to make the Rwanda deal operational. ” He warned of the negative human rights implications, stating: The combined effects of this bill, attempting to shield Government action from standard legal scrutiny, directly undercut basic human rights principles. .”
Canadian Prime Minister Justin Trudeau named the Honorable Mahmud Jamal to the Supreme Court of Canada (SCC) on Thursday. Jamal will replace the retiring Justice Rosalie Abella, and becomes the first person of color to sit on Canada’s highest court. The selection process follows the guidelines of the Supreme Court Act of 1985.
The Supreme Court of Canada ruled Friday that the Canadian government can be held liable for enacting laws that are “clearly unconstitutional,” done in bad faith, or stem from abuse of power. Both lower courts upheld the state’s limited immunity as set out in Mackin.
The US Supreme Court heard oral arguments on Monday in Siegle v. The District Court ruled in the Circuit City trustee’s favor, and the US Court of Appeals for the Fourth Circuit reversed and remanded the case. Fitzgerald and United States v. Washington.
The Bombay High Court on Friday stayed two provisions of India’s Information Technology Rules (“the Rules” or “Rules”) intended to regulate publishers of digital content such as social media intermediaries, OTT (Over-the-top) platforms, and online news and current affairs websites.
The US Supreme Court Monday granted both Jones v. The Supreme Court previously denied Jones certiorari but granted it after the Eighth Circuit affirmed a lower court’s dismissal of his habeas petition in August 2021. The court is anticipated to hear arguments in these two cases in the fall. ” Jones v.
The Supreme Court of India Friday upheld a series of amendments to the Foreign Contribution (Regulation) Act 2010 (FCRA) to strictly regulate the flow and utilisation of foreign contributions by organisations into the country. The post India Supreme Court upholds law restricting foreign donations to NGOs appeared first on JURIST - News.
The Indian Supreme Court ruled on Wednesday that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order which will allow more women to serve in India’s armed forces.
The Karnataka High Court dismissed a batch of petitions Tuesday challenging the proscription of hijabs (Islamic headscarves) in the uniform for pre-university colleges in the Udupi district of Karnataka. The court referred to various s?ras
Danielle Smith, who took office as the new Premier of the western Canadian province of Alberta in October, said Saturday that her government is considering revising the provisions of the proposed provincial Sovereignty Act which would empower the provincial cabinet to unilaterally rewrite laws without legislative approval.
Pakistan’s Supreme Court heard arguments Friday on a petition to halt the country’s removal of Afghan refugees. The petition was signed by a group of human rights activists, lawyers and politicians in November following the government’s October 3 decision to deport undocumented Afghan migrants back to Afghanistan.
Supreme Court upheld the Protecting Americans from Foreign Controlled Applications, which will require TikTok to shut down in the United States unless its Chinese parent company divests its interest. The Courts decision in TikTok Inc. government officials have taken steps to address national security concerns surrounding TikTok.
Supreme Court recently granted certiorari in Martin v. The case is expected to clarify the application of the Federal Tort Claims Act (FTCA) to wrong-house raids, an issue that has divided the lower courts. Qualified immunity protects government actors performing discretionary functions from civil liability. United States.
Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. Jarkesy does contend in passing that the particular features of the government’s claims against him are much more similar to common-law fraud claims than those in the early public-rights cases.
the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples; iii. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; ii.
A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.
Constitutionallaw took center stage in many U.S. Supreme Court and the New Jersey Supreme Court cases decided in 2023. At the nation’s highest Court, the six-member conservative majority continued its trend of issuing transformative decisions, most notably in its landmark decision effectively ending affirmative action.
On Monday I attended the appeal hearing in which seven Hong Kong pro-democracy activists challenged the legality of their convictions in the Hong Kong Court of Final Appeal (HKCFA). The lower courts convicted the activists of “knowingly taking part in an unauthorized assembly,” contrary to s. 17A(3)(a) of the Public Order Ordinance.
On Monday tens of thousands of Israeli citizens filled trains, buses and roads to the brim on their way to Jerusalem to take part in one of the biggest rallies the new Israeli government of Benjamin Netanyahu has seen since announcing its radical judicial reform. I went with them.
” The vote took place after the Supreme Court of Pakistan held on Thursday that an order by Khan to dissolve the Parliament was unconstitutional. The court found that Khan broke the law in an attempt to prevent a no-confidence vote.
Supreme Court will take on its first free speech case this month. Paxton , involves the constitutionality of a Texas law that requires any website that publishes content one-third or more of which is harmful to minors to verify the age of every user before permitting access. The case, Free Speech Coalition v. Facts of the Case H.B.
Supreme Court has agreed to consider whether Mexican government may continue its lawsuit against U.S. Facts of the Case The government of Mexico filed suit against seven U.S. Accordingly, it reversed the district court’s holding that the PLCAA bars Mexico’s common law claims. gun manufacturers.
Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The District Court granted Cooley’s motion to suppress the drug evidence.
Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S. Supreme Court’s Decision.
Applying the regulatory approach used in the “free-world” has significant advantages over constitutionallaw in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutionallaw does not fill the gap,” Littman writes. “[It
The Indian Ministry of Home Affairs on Wednesday asked all the Union Territories and State governments to stop the registration of cases under the charge of Section 66A of the Information Technology Act, 2000, by law enforcement agencies.
Tarar further stated that the constitution and prevailing laws are followed by the courts in Pakistan, further emphasising that Khan is in jail as a convicted prisoner. The WGAD demanded Khan’s immediate release, claiming that his arrest was arbitrary and in violation of international law.
Walter, Associate Justice of the Oregon Supreme Court. The letter urged Governor Kate Brown, Senate President Peter Courtney and House Speaker Dan Rayfield to attend a summit of all three branches of Oregon’s government to address the growing crisis.
Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.
The post Just An FYI, The Supreme Court Is Going To Cancel Democratic Elections Next Year appeared first on Above the Law. Specifically DEMOCRATic elections.
It is essential that we spread the word on Kartasheva’s situation to put pressure on the government to make sure that she is not deported and to finish its review of the case to move forward with her citizenship. Indeed, unlike Trudeau, she knows the value of free speech and how easily it is lost to government agencies.
Berkeley Law’s California Constitution Center on Friday held a major all-day conference focusing on the California Supreme Court. Six of the court’s justices and a federal Court of Appeals judge participated on various panels. A conversation between the court’s newest justice , Patricia Guerrero, and Carrillo.
Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. The Fifth Circuit Court of Appeals agreed with the government’s assessment.
Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s The Government also later provided McIntosh with a pretrial bill of particulars that included as property subject to forfeiture $75,000 in cash and a BMW that McIntosh purchased just five days after one of the robberies.
Supreme Court recently agreed to consider two cases involving the Sixth Amendment to the Constitution. United States, will decide whether a defendant’s rights under the Confrontation Clause were violated when his codefendant’s redacted out-of-court confession was admitted during his trial. The first, Smith v.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.
Share So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. But this book has much more to offer the student of the modern court.
Advocate General Gerard Hogan of the European Court of Justice (ECJ) concluded in an opinion delivered Thursday that Malta’s judicial appointment process does not contravene EU law. The preliminary ruling was part of ongoing proceedings before the Maltese courts, brought by pro-democracy and human rights group Repubblika.
Share The Supreme Court heard a confusing and wide-ranging discourse yesterday in MOAC Mall Holdings LLC v. For the generalist Supreme Court follower, the case is a technical one, involving the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease.
Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Constitution.
The judgment of the European Court of Human Rights (ECtHR) in the case Verein KlimaSeniorinnen v. Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutionallaw or international human rights law in climate litigation.
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