Free speech principles are barely relevant

2020 ◽  
pp. 66-82
Author(s):  
Andrew Koppelman
Keyword(s):  
Supreme Court ◽  
Free Speech ◽  
The Supreme Court ◽  
The Law ◽  
The Right

Some have claimed that accommodation is mandated by free speech. In the Masterpiece Cakeshop v. Colorado case, the Supreme Court was offered an impressive array of variations on this claim. Mostly they are bad arguments. Although merchants have the right to announce their disagreement with the law, speech principles cannot resolve the controversy. Free speech could be construed to protect businesses that produce expressive media, such as (some) photographers, but it can’t intelligibly be stretched to help others with equally pressing conscience claims, such as bakers. It thus addresses the issue in a morally arbitrary way.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

scholarly journals Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions more Accountable

2017 ◽  
Vol 10 (1) ◽  
pp. 1-34
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
African Countries ◽  
Locus Standi ◽  
Statutory Requirement ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Law ◽  
The Right

Case law shows that private prosecutions have been part of Mauritian law at least since 1873. In Mauritius there are two types of private prosecutions: private prosecutions by individuals; and private prosecutions by statutory bodies. Neither the Mauritian constitution nor legislation provides for the right to institute a private prosecution. Because of the fact that Mauritian legislation is not detailed on the issue of locus standi to institute private prosecutions and does not address the issue of whether or not the Director of Public Prosecutions has to give reasons when he takes over and discontinues a private prosecution, the Supreme Court has had to address these issues. The Mauritian Supreme Court has held, inter alia, that a private prosecution may only be instituted by an aggrieved party (even in lower courts where this is not a statutory requirement) and that the Director of Public Prosecutions may take over and discontinue a private prosecution without giving reasons for his decision. However, the Supreme Court does not define “an aggrieved party.” In this article the author takes issue with the Court’s findings in these cases and, relying on legislation from other African countries, recommends how the law could be amended to strengthen the private prosecutor’s position.

scholarly journals Was the Supreme Court right to change the law on the right to a speedy trial?

2017 ◽  
Vol 26 (3) ◽  
pp. 1
Author(s):  
Leonid Sirota
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Reasonable Time ◽  
Canadian Charter ◽  
The Supreme Court ◽  
The Law ◽  
The Right ◽  
Speedy Trial

In R v Jordan, the Supreme Court of Canada held, by a 5-4 majority and over the vigorous disagreement of the concurrence, that criminal prosecutions in which a trial does not conclude by a set deadline will be presumed to breach the right to be tried within a reasonable time, protected by section 11(b) of the Canadian Charter of Rights and Freedoms. The acceptable length of proceedings set out in the decision is of 18 months from the day charges are laid for cases that proceed without a preliminary inquiry, and 30 months otherwise. The Crown can still show that exceptional circumstances outside of its control have arisen and can explain — and excuse — a case taking longer than that, but unless it does so, a stay of proceedings will be the automatic consequence of such delay. Meanwhile, an accused will be able to show that delay below these ceilings is unconstitutionally unreasonable, but only by demonstrating not only that the delay is “markedly” greater than reasonable, but also that he or she diligently sought to have the case heard sooner.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

The Law of Life Insurance in France as affected by a Recent Decision of the Supreme Court of Judicature

1872 ◽  
Vol 17 (3) ◽  
pp. 189-191
Author(s):  
M. Leon de Montluc
Keyword(s):  
Supreme Court ◽  
Life Insurance ◽  
Insurance Policies ◽  
The Supreme Court ◽  
The Law ◽  
Written Law ◽  
The Right ◽  
To Receive ◽  
Made In

Never was a more complete change suddenly brought about in the laws of a nation by legislative enactment than that which has taken place this year in France in the law of life insurance, in consequence of one single decision of the Supreme Court of Judicature, Up to the present time the construction given to the contract of life insurance in this country has been quite different from what it is in England. As there is no provision of written law that relates to life insurance, it being not even so much as mentioned in the Civil or Commercial Codes, people thought themselves justified in governing it by laws and rules of their own. For instance, although it is a principle of law common to both English and French jurisprudence (we may add, to the law of all legislating nations from time immemorial) that choses in action shall necessarily devolve upon our legal representatives after our death, it has hitherto been decided almost universally by French tribunals that an exception was to be made in favour of life insurance policies. By the advocates of that doctrine, the right in the sum assured was thought never to have vested in the person effecting the policy, and the assurance monies were said to be transferred directly, i. e., omisso medio, from the assurer to the party entitled to receive the sum assured; and that sum, accordingly, would not be liable to succession duty.

Under the Law

2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Universal Declaration ◽  
Educational Rights ◽  
The Supreme Court ◽  
The World ◽  
The Law ◽  
The Right ◽  
The U.S

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.

scholarly journals On The Issue about The Moment of Incurrence of Right of Cassation Appeal on Civil Cases in Republic of Bulgaria

2017 ◽  
Vol 23 (2) ◽  
pp. 175-180
Author(s):  
Atanas Ivanov
Keyword(s):  
Supreme Court ◽  
Civil Procedure ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases ◽  
The Moment ◽  
The Right

Abstract The right of the party concerned to a cassation appeal is result of specific inspection performed by the Supreme Court of Cassation where examined is the presence of conditions, foreseen in art. 280, par. 1 of Civil-Procedure Code. The right of cassation, however, shall incur from the presence of appellate judgment [1], and not from the specific inspection of Supreme Court of Cassation. The cassation appeal is submitted when the resolution is void, impermissible or inaccurate. This is why the right of cassation appeal is presented and guaranteed by the law opportunity of an individual to oblige Supreme Court of Cassation to rule on the first stage of cassation proceeding - the proceeding on allowing the cassation appeal estimating the statutory criteria in art. 280 of Civil-Procedure Code.

scholarly journals National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights.

Soft Power ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 322-346
Author(s):  
Vitulia Ivone
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Free Speech ◽  
Reproductive Rights ◽  
The State ◽  
Fundamental Issue ◽  
Health Clinics ◽  
The Supreme Court ◽  
History Of ◽  
The Right

The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.

scholarly journals Piespiedu servitūtu nodibināšana pret atlīdzību

2021 ◽  
pp. 134-153
Author(s):  
Erlens Kalniņš ◽  
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Legal Framework ◽  
The Supreme Court ◽  
Historic Development ◽  
The Law ◽  
The Right ◽  
To Receive

This article deals with the historic development of the legal framework related to the establishment of coercive servitude in Latvia and the understanding of the so-called “coercive servitude” institute in the existing law in Latvia, as well as the regulation of analogous legal institutes in the law of other states that are a part of the Germanic legal system (Germany, Switzerland, Austria), with the main focus on the establishment of coercive way servitude or the so-called “way of necessity” institute and the preconditions associated with its establishment, as well as the right of the owner of the encumbered (serving) immovable property to receive an adequate remuneration for establishing such limitation, which, by way of legal analogy, should also be recognized in the practice (judicature) of the Senate of the Supreme Court.

scholarly journals THE ADVOCATE'S DISCIPLINARY RESPONSIBILITY FOR WRONGFUL COOPERATION WITH LAW-ENFORCEMENT BODIES

2020 ◽  
pp. 44-47
Author(s):  
M. Panchenko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Professional Status ◽  
National Legislation ◽  
The Supreme Court ◽  
Legal Position ◽  
The Law ◽  
The Right

This article is devoted to the research on the concept and features of the advocate's wrongful cooperation with law-enforcement bodies and the circumstances that influence the severity of a disciplinary penalty in the result of such cooperation. A list of certain features is given to distinguish the lawful cooperation of an advocate with law-enforcement bodies from the wrongful one, which leads to bringing the advocate to the disciplinary responsibility. The author ascertains the forms in which the wrongful cooperation of an advocate and law-enforcement bodies may occur. The article determines that law-enforcement bodies often use the information that an advocate possesses due to his/her special professional status in order to perform their functions. Besides, the article examines the possibility for an advocate to be a whistleblower under the Law of Ukraine on Prevention of Corruption. The article also analyzes the decision of the Supreme Court in the administrative case where the decision of the Higher Qualification and Disciplinary Bar Commission (HQDB) on bringing the advocate to the disciplinary responsibility and imposing a disciplinary penalty of depriving him the right to advocacy for a wrongful cooperation with law-enforcement bodies is appealed. In this research the attention is paid to the wrongdoer's arguments and the corresponding legal position of the Supreme Court which, having used the acts of the national legislation, determined advocate's actions to be illegal and denied the claimant's demands. The author defines the category of a "wrongful cooperation of an advocate with law-enforcement bodies", determines its features, and suggests the ways for improving the effectiveness of bringing wrongdoers to the disciplinary responsibility in case of such cooperation. Keywords: a disciplinary offence, a disciplinary penalty, a confidant, a whistleblower, secret investigatory (inquiry) operations, tracking measures.

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