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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: uk supreme court Year: 2009 Page 1 of about 7 results (0.045 seconds)

Dec 01 2009 (FN)

R (on the Application of Barclay and Others) (Appellants) Vs. Secretar ...

Court : UK Supreme Court

Decided on : Dec-01-2009

..... responsibility for the good government of the islands. the secretary of state for justice and lord chancellor ("the secretary of state"), the first respondent, has departmental responsibility for the constitutional relationship between the crown and the channel islands. the second respondent, the committee for the affairs of jersey and guernsey, is a committee of the third respondent, the ..... europe, it is citizens, and not non-resident aliens, who have the right to vote and stand for election. there may be some exceptional cases, for example where citizenship is withheld on, for example, linguistic grounds from communities who have been settled on the territory of a state for several generations: see venice commission explanatory report, para 1 ..... requirements. in view of new caledonia's transitional status the right to vote was given to the "population" defined by reference to 10 years' residence, which was identical to the citizenship requirement. the court specifically referred (at [46]) to the need to ensure "citizen participation and knowledge" in framing rules on voting eligibility. 93. consequently both in international law ..... recalls that this provision guarantees individual rights, including the right to vote and to stand for election. however, these rights are not absolute but rather subject to limitations, such as citizenship " citing hirst v united kingdom (no 2) (2006) 42 ehrr 41. 88. the guidelines on elections of the venice commission (referred to above, para 68) said, .....

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Dec 16 2009 (FN)

R (on the Application of E) (Respondent) Vs. Governing Body of Jfs and ...

Court : UK Supreme Court

Decided on : Dec-16-2009

..... case direct racial discrimination, it would be possible to go on to consider the hypothetical question of whether, if jfs's admissions policy had constituted indirect discrimination, it would have been justifiable. i do not propose to embark on that exercise, which would involve, among other considerations, an ..... as viscount dilhorne put it at p 358, "the word 'national' in 'national origins' means national in the sense of race and not citizenship." there was no discussion of the meaning of the word "ethnic". lady hale has commented that lord simon of glaisdale's speech at p 364 ..... was necessary to ensure that entry to the schools was determined on merit. the house of lords held, none the less, that the disparity constituted unlawful discrimination contrary to the sex discrimination act 1975 which prohibited discrimination against a woman "on the ground of her sex". lord goff of ..... or ethnic or national origins; (2) the fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this act". section 17 deals with educational establishments and provides that it is unlawful for the governors ..... its face, very pertinent in the present case. however, it is suggested that, having been introduced on a proposal by india, the word 'descent' is limited to caste, but india itself disputes this, and it has been forcefully suggested that the background to its introduction indicates that it was not concerned .....

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Mar 09 2009 (FN)

Vaden Vs. Discover Bank

Court : US Supreme Court

Decided on : Mar-09-2009

..... federal deposit insurance act (fdia), 12 u. s. c. 1831d(a). section 27(a) prescribes the interest rates state-chartered, federally insured banks like discover can charge, notwithstanding any state constitution or statute which is hereby preempted. this provision, discover maintained, was completely preemptive, i.e. , it superseded otherwise applicable maryland law, and placed vaden s counterclaims under the exclusive governance ..... consistent with this opinion. it is so ordered. footnote 1 discover apparently had no access to a federal forum for its suit against vaden on the basis of diversity-of-citizenship jurisdiction. under that head of federal-court jurisdiction, the amount in controversy must excee[d] $75,000. 28 u. s. c. 1332(a). footnote 2 vaden s preference for ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract. see, e.g. , westmoreland , 100 f. 3d, at 268 269; 1 macneil 9.2.3.1, pp. 9: ..... would permit a federal court to entertain a 4 petition only when a federal-question suit is already before the court, when the parties satisfy the requirements for diversity-of-citizenship jurisdiction, or when the dispute over arbitrability involves a maritime contract, yet would not accommodate a 4 petitioner who could file a federal-question suit in, or remove such a .....

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Jun 15 2009 (FN)

Polar Tankers, Inc. Vs. City of Valdez

Court : US Supreme Court

Decided on : Jun-15-2009

..... preferential treatment, when the clause only protects vessels from discrimination. ante , at 6. but the clause says nothing about discrimination, and it should hardly come as a surprise that a constitutional ban on tonnage duties would give preferential treatment to vessels. such protection reflects the high value the framers placed on the free flow of maritime commerce. see state tonnage tax ..... plurality assumes. whether the oil-production tax and the challenged tax are levied by the same unit of government has no relevance to the question whether the latter violates the constitution. the restriction imposed by the tonnage clause is a command to the states limiting their inherent taxing authority as sovereigns. the states political subdivisions have no such inherent power and ..... must show that the ship has sufficient contacts with the jurisdiction to establish a tax situs there. in our earlier cases, the existence of the situs was determined by the citizenship of the ship s owner, see wheeling , 99 u. s., at 279; state tonnage tax cases , 12 wall., at 213, but a tax situs can also be created by a ..... challenging the tax as unconstitutional. polar tankers argued that the tax effectively imposed a fee on certain vessels for the privilege of entering the port; hence it amounted to a constitutionally forbidden duty of tonnage. it also argued that the tax calculation method (as applied to vessels with a tax situs elsewhere) violated the commerce and due process clauses by failing .....

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May 18 2009 (FN)

Atandt; Corp. Vs. Hulteen

Court : US Supreme Court

Decided on : May-18-2009

..... (1977); law, rethinking sex and the constitution, 132 u. pa. l. rev. 955, 983 984, and nn. 107 109 (1984); roelofs, sex discrimination and insurance planning: the rights of ..... at the time, but such a situation is not presented here. footnote 5 although certain circuit courts had previously concluded that treating pregnancy leave less favorably than other disability leave constituted sex discrimination under title vii, this court in gilbert clearly rejected that conclusion, 429 u. s., at 147 (brennan, j., dissenting); see also id. , at 162 (stevens, j., dissenting). gilbert ..... ninth circuit s decision directly conflicts with the holdings of the sixth and seventh circuits that reliance on a pre-pda differential accrual rule to determine pension benefits does not constitute a current violation of title vii. see ameritech benefit plan comm . v. communication workers of am. , 220 f. 3d 814 (ca7 2000) (finding no actionable title vii violation given ..... its forerunner, geduldig v. aiello , see, e.g ., bartlett, pregnancy and the constitution: the uniqueness trap, 62 calif. l. rev. 1532, 1551 1566 (1974); eskridge, america s statutory constitution, 41 u. c. d. l. rev. 1, 39 40, and n. 175 (2007); karst, the supreme court 1976 term foreword: equal citizenship under the fourteenth amendment, 91 harv. l. rev. 1, 54, n. 304 .....

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Mar 03 2009 (FN)

Negusie Vs. Holder

Court : US Supreme Court

Decided on : Mar-03-2009

..... the nature of the question at issue ). footnote 3 the administrative procedure act draws a similar distinction in providing that courts shall decide all relevant questions of law [and] interpret constitutional and statutory provisions but shall review agency action, findings, and conclusions under the arbitrary and capricious/abuse of discretion standard. 5 u. s. c. 706. footnote 4 justice ..... assist the nazis in the persecution of other prisoners. in my view, this construction was insupportable the dpa s exclusion of persons who assisted the enemy in persecuting civil populations, constitution of the international refugee organization, annex i, part ii, 2 (a) , 62 stat. 3051, did not extend to concentration camp prisoners who did so involuntarily. these prisoners ..... . . . is not a relevant factor. ibid . the second decision, matter of fedorenko , also dealt with 1182(a)(3)(e)(i), and it involved the same alien whose citizenship was revoked by this court s fedorenko decision. this time the agency sought to deport him. fedorenko responded by requesting suspension of deportation. he argued that, unlike the dpa s ..... was an aggressive person who mistreated the prisoners, . . . the very fact that he helped [the government] in the prison compound where he had reason to know that they were persecuted constitutes assisting in the persecution of others and bars [petitioner] from obtaining asylum or withholding of removal. app. to pet. for cert. 16a 17a (citing, inter alia , fedorenko , supra .....

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Feb 24 2009 (FN)

Carcieri Vs. Salazar

Court : US Supreme Court

Decided on : Feb-24-2009

..... trade schools); 472 (granting hiring preferences to indians seeking federal employment related to indian affairs), while directing other benefits to tribes, e.g. , 476 (allowing tribes to adopt constitutions and bylaws); 470 (giving loans to indian-chartered corporations). section 465, by giving the secretary discretion to steer benefits to tribes and individuals alike, is therefore unique. but establishing ..... be an indian tribe. reply brief for petitioner carcieri 7. the governor caricatures the secretary s discretion. this court has long made clear that congress and therefore the secretary lacks constitutional authority to bring a community or body of people within [federal jurisdiction] by arbitrarily calling them an indian tribe. united states v. sandoval , 231 u. s. 28 , 46 ..... indian nation or tribe of indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution. footnote 3 the tribe, the town, and the secretary previously litigated issues relating to the secretary s acceptance of these 1,800 acres, and that matter is not ..... offense (citing united states v. paul , 6 pet. 141 (1832) (internal quotation marks omitted))); montana v. kennedy , 366 u. s. 308 , 310 311 (1961) (interpreting a statute granting citizenship status to foreign-born children of persons who now are, or have been citizens of the united states (internal quotation marks omitted; emphasis deleted)). it also aligns with the natural .....

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