was laid down in Cahill v Sutton [1980] I.R. 269 where‚ in the context of a constitutional challenge to legislation‚ Henchy J stated at p. 280: “…The primary rule as to standing in constitutional matters is that the person challenging the constitutionality of the statute‚ or some other person for whom he is deemed by the court to be entitled to speak‚ must be able to assert that because of the alleged unconstitutionality‚ his or that other person’s interests have been adversely affected‚ or stand
Premium Law Supreme Court of the United States United States Constitution
The same issue was again before the court in 1945 in McClintic v. Dunbar Land Co. The case involved six notes that were secured by a vendors’ lien. The notes were payable on a sequential‚ consecutive basis with the first becoming payable on November 26‚ 1920 and the last on November 26‚ 1925. The plaintiffs filed the action for non-payment of the notes in 1943. The defendants contended that W. Va. Code § 55-2-5 barred action on the first three notes because more than 20 years had passed. The
Premium
company held the remaining 2%. The United States sued using its newly passed Sherman Anti-Trust Act (passed in 1890) declaring any attempt to monopolize trade or commerce to be illegal. This case marks the Sherman Anti-Trust Act’s first test of Constitutionality against E.C. Knight Co.‚ who‚ in control of over 98% of sugar refining in the United States has a monopoly on the manufacturing aspect‚ but does the Sherman Anti-Trust act include manufacturers? Questions:(1)
Premium
guilty under two indictments for the suspected infractions of prohibiting white and African Americans from attending the same school. The college was fined in each case. The college appealed from its conviction of the two indictments claiming its constitutionality because it violated the Bill of Rights embraced in the Constitution of the State of Kentucky‚ as well as that it is in conflict with the Fourteenth Amendment. The court affirmed the conviction that the college operates a school were combination
Premium Kentucky School United States
bill a basic right ensured by the constitution and the conservatives claiming “the law is unconstitutional because it effectively requires individuals to purchase something in the private marketplace” (2). Each side chooses to interpret the constitutionality of the law based on their own ideologies.
Premium Law Constitution Democracy
on the death penalty is almost immediate and clear; she is whole-heartily and passionately against the death penalty and is doing all in her power to abolish it. Throughout the entire book she argues how it is both morally wrong‚ as well as constitutionality. Prejean’s argument against the death penalty is both effective and powerful. She passionately stands by her morals and beliefs‚ and convincingly influences the reader’s opinion to skew towards the opposition of the punishment. In my personal
Premium Capital punishment Law
Remanded; Michigan State Police highway sobriety checkpoint program is not a violation of the 4th and 14th Amendments. RATIONALE: To decide the outcome of this case the court used a three-prong balancing test from Brown v. Texas to determine the constitutionality of the checkpoint program. The test balanced the state’s interest in preventing accidents
Premium United States United States Constitution Supreme Court of the United States
The Gender Wage Gap Christine Quinn Final Speech Presentation “ “It was we‚ the people; not we‚ the white male citizens; nor yet we‚ the male citizens; but we‚ the whole people‚ who formed the Union…. Men‚ their rights and nothing more; women‚ their rights and nothing less.” Susan B. Anthony ” Defining the Gender Wage Gap The gender wage gap refers to the ratio of female to male wages and is used to measure the income disparity between men and women. “Today‚ the average full-time working
Premium Gender Men Discrimination
“These huge amounts were spent on budgetary items many of which were not in the 2011 or 2012 GAA passed by Congress‚ and Bayan Muna would very much want to hear Malacañang explain if these indeed were in the budget‚” said party-list representative Neri Colmenares of Bayan Muna. Colmenares cited at least seven items that used DAP funds but were not in the 2011 and 2012 GAA national budget: P4.5 billion for the purchase of additional trains for the MRT 3; P1.82 billion for the Moro National Liberation
Premium Philippines United States Congress Moro people
Unilateral action is actions or decisions presidents often make on their own without the assistance of Congress. Traditionally‚ Congress is known to make and pass the laws‚ but the president can also enact policies through unilateral action. Presidents often use unilateral action to respond to issues quickly‚ without having to go through the lengthy legislative process to get a law in order. This can include executive orders‚ executive agreements‚ and other orders that do not require congressional
Premium