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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Sorted by: recent Court: uk supreme court Page 1 of about 1,370 results (0.046 seconds)

Oct 16 2013 (FN)

R (on the Application of Chester) and Another Vs. Secretary of State f ...

Court : UK Supreme Court

..... a "general, automatic and indiscriminate restriction on a vitally important convention right" which fell "outside any acceptable margin of appreciation" and was incompatible with a3p1 (para 82). 21. a powerfully constituted minority of the grand chamber (including its president and future president) dissented. it took as its test whether the restrictions on prisoner voting "impair the very essence of the right ..... democracy, the franchise will be determined by domestic laws which will define those entitled to vote in more or less inclusive terms. the right to vote may be based on citizenship or residence, or a combination of the two. there will invariably be a minimum voting age and may be other conditions of eligibility, such as mental capacity. in the united ..... responsibility and respect for democratic institutions? if so, it could well be argued that this is more likely to be achieved by retaining the vote, as a badge of continuing citizenship, to encourage civic responsibility and reintegration in civil society in due course. this is indeed, as laws lj observed in the court of appeal, a matter on which thoughtful people ..... of the voting system." 13. voting in european parliamentary and municipal elections is dealt with more specifically by articles 20 and 22 tfeu in a part headed "non-discrimination and citizenship of the union": "20.1. citizenship of the union is hereby established. every person holding the nationality of a member state shall be a citizen of the union .....

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Jun 30 2010 (FN)

R (on the Application of Smith) (Fc) (Respondent) Vs. Secretary of Sta ...

Court : UK Supreme Court

..... right of american citizens to be free from torture is a well-established part of our constitutional fabric.") but as the court said in the latter case, the "cases establish the importance of citizenship in circumstances in which federal agents outside the united states carry out constitutional violations" (at 13). the position is different where non-citizens are involved. in united ..... keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article 1 of the convention." third, it emphasised (at [71]): "in sum, the case law of the court ..... ); arar v ashcroft, 585 f 3d 559 (2d cir 2009) (no action against government officials allegedly responsible for alien's extraordinary rendition to syria). but the application of constitutional protection to activities abroad does not mean that the conduct of military operations is justiciable. in the united states the conduct of military operations is "so exclusively entrusted to the ..... foreign state to claim, directly or indirectly, its taxes in england is sometimes put on the basis that it is an illegitimate extension of its territorial jurisdiction: see government of india v taylor [1955] ac 491. the issue on this part of the appeal on this part of the appeal the issue is whether the undoubted "jurisdiction" which states has .....

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Dec 01 2009 (FN)

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

Court : UK Supreme Court

..... 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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Apr 29 2013 (FN)

Mcburney Vs. Young

Court : US Supreme Court

..... access public information on equal terms with commonwealth citizens is rejected because the right to access public information is not a fundamental privilege or immunity of citizenship. the court has repeatedly stated that the constitution does not guarantee the existence of foia laws. see, e.g., los angeles police dept. v. united reporting publishing corp., 528 u. s ..... - tion act does not regulate commerce in any meaningful sense, but instead provides a service that is related to state citizenship. for these reasons, we affirm the decision of the court of appeals rejecting petitioners constitutional claims. i petitioners mark j. mcburney and roger w. hurlbert are citizens of rhode island and california respectively. mcburney ..... and hurlbert each requested documents under the virginia foia, but their requests were denied because of their citizenship. mcburney is a former resident of virginia whose ex ..... not violate the dormant commerce clause. *??*??* because virginia s citizens-only foia provision neither abridges any of petitioners fundamental privileges and immunities nor impermissibly regulates commerce, petitioners constitutional claims fail. the judgment below is affirmed. it is so ordered. notes 1 at oral argument, the solicitor general of virginia contended that, as a matter of .....

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Jun 25 2012 (FN)

Arizona Vs. United States

Court : US Supreme Court

..... congress supports this result. i dissent. i as a sovereign, arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the constitution or constitution- ally imposed by congress. that power to exclude has long been recognized as inherent in sovereignty. emer de vattel s seminal 1758 treatise on the law of nations stated: ..... any state or local government may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [the federal government] information regarding the citizenship or immigration status, lawful or unlawful, of any individual. 1373(a); see also 1644 (providing that no state or local government entity may be prohibited, or in any way ..... shall be entitled to all privileges and immunities of citizens in the several states. art. iv, 2, cl. 1 (emphasis added). but if one state had particularly lax citizenship standards, it might still serve as a gateway for the entry of obnoxious aliens into other states. this problem was solved by authorizing the general government to establish a uniform ..... immigrants stood before the tattered flag that inspired francis scott key to write the national anthem. there they took the oath to become american citizens. the smithsonian, news release, smithsonian citizenship ceremony welcomes a dozen new americans (may 24, 2012), online at http://newsdesk.si.edu/releases. these naturalization cere- monies bring together men and women of different ori- .....

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Mar 26 2012 (FN)

Zivotofsky Vs. Clinton

Court : US Supreme Court

..... set forth several categories of legal questions that the court had previously held to be political questions inappropriate for judicial determination. those categories include (1) instances in which the constitution clearly commits decisionmaking power to another branch of government, and (2) issues lacking judicially manageable standards for resolution. id., at 217. they also include (3) issues that ..... , 487 u. s. 654, 685 (1988) (upholding a statute s constitutionality against a charge that it impermissibly interfere[d] with the president s exercise of his constitutionally appointed functions ). our precedents have also found the political question doctrine implicated when there is a lack of judicially discoverable and manageable standards for resolving the question before the court ..... and manageable standards for resolving the question: both parties offer detailed legal arguments concerning whether the textual, structural, and historical evidence supports a determination that 214(d) is constitutional. pp. 5 12. (b) because the lower courts erroneously concluded that the case presents a political question, they did not reach the merits of zivotofsky s claim. ..... v. mayor of new york, 92 u. s. 259 271 (1876). the constitution also gives congress the power to make a uniform rule of naturalization, art. i, 8, cl. 4, and pursuant to this power, congress has enacted laws concerning the citizenship of children born abroad to parents who are citizens of this country, see united states .....

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Jun 28 2010 (FN)

Mcdonald Vs. Chicago

Court : US Supreme Court

..... from the political branches in the years leading to the fourteenth amendment s adoption demonstrates broad public understanding that the privileges and immunities of united states citizenship included rights set forth in the constitution, just as webster and his allies had argued. in 1868, president andrew johnson issued a proclamation granting amnesty to former confederates, guaranteeing to all ..... that the category here in question throws the shield of its protection. 16 wall., at 126 (emphasis added). because the privileges and immunities of american citizenship include rights enumerated in the constitution, they overlap to at least some extent with the privileges and immunities traditionally recognized in citizens in the several states. a separate question is whether the ..... latter was informed by its understanding of the former. article iv, 2 was derived from a similar clause in the articles of confederation, and reflects the dual citizenship the constitution provided to all americans after replacing that league of separate sovereign states. gibbons v. ogden , 9 wheat. 1, 187 (1824); see 3 j. story, commentaries on ..... mich. j. l. ref. 437, 534 542 (1989) (comparing the system envisioned by miranda v. arizona , 384 u. s. 436 (1966), with rights afforded by england, scotland, canada, india, france, and germany). and the court-pronounced exclusionary rule is distinctively american. roper , supra , at 624 (scalia, j., dissenting) (citing bivens v. six unknown fed. narcotics agents , 403 u. .....

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Feb 23 2010 (FN)

Hertz Corp. Vs. Friend

Court : US Supreme Court

..... not automatically confer diversity jurisdiction upon the federal courts. rather, it authorizes congress to do so and, in doing so, to determine the scope of the federal courts jurisdiction within constitutional limits. kline v. burke constr. co. , 260 u. s. 226 , 233 234 (1922); mayor v. cooper , 6 wall. 247, 252 (1868). congress first authorized federal courts to ..... circuit conferences at which federal judges discussed the report s recommendations. reflecting those criticisms, the committee filed a new report in september, in which it revised its corporate citizenship recommendation. it now proposed that a corporation shall be deemed a citizen of the state of its original creation [and] shall also be deemed a citizen of a ..... (d)(2), 1441(a). hertz claimed that the plaintiffs and the defendant were citizens of different states. 1332(a)(1), (c)(1). hence, the federal court possessed diversity-of-citizenship jurisdiction. friend and nhieu, however, claimed that the hertz corporation was a california citizen, like themselves, and that, hence, diversity jurisdiction was lacking. to support its position, hertz ..... . c. 1332(d)(2), 1441(a), claiming that because it and respondents were citizens of different states, 1332(a)(1), (c)(1), the federal court possessed diversity-of-citizenship jurisdiction. respondents, however, claimed that hertz was a california citizen, like themselves, and that, hence, diversity jurisdiction was lacking under 1332(c)(1), which provides that a corporation shall .....

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Jun 12 2008 (FN)

Boumediene Vs. Bush

Court : US Supreme Court

..... citizens enjoy when they are abroad is quite different from saying that practical considerations determine whether aliens abroad enjoy any constitutional protections whatever, including habeas. in other words, merely because citizenship is not a sufficient factor to extend constitutional rights abroad does not mean that it is not a necessary one. the court tries to reconcile eisentrager with its ..... naval station there and the exempt jurisdictions discussed in the english authorities are not similarly situated. petitioners and their amici further rely on cases in which british courts in india granted writs of habeas corpus to noncitizens detained in territory over which the moghul emperor retained formal sovereignty and control. see supra, at 12 13; brief for legal ..... their detention is analogous to two territories outside of england to which the writ did run: the so-called exempt jurisdictions, like the channel islands; and (in former times) india. there are critical differences between these places and guantanamo, however. as the court noted in rasul , 542 u. s., at 481 482, and nn. 11 12, common ..... again, not dispositive. petitioners argue that the site of their detention is analogous to two territories outside england to which the common-law writ ran, the exempt jurisdictions and india, but critical differences between these places and guantanamo render these claims unpersuasive. the government argues that guantanamo is more closely analogous to scotland and hanover, where the writ .....

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Jan 22 2007 (FN)

Osborn Vs. Haley

Court : US Supreme Court

..... the federal civil rights claim, as well. yet the westfall act explicitly exempts from its scope any claim of violation of a federal statute or the federal constitution. 28 u. s. c. 2679(b)(2). the court rests much of its analysis on willingham v. morgan , 395 u. s. 402 ..... that question here, however, since waco is patently inapposite. there, removal had been premised on diversity jurisdiction. the district court dismissed the party whose citizenship was alleged to supply the requisite diversity, finding that party s joinder improper, and thus remanded the case for lack of jurisdiction. we found the ..... 434 435. lamagno was an action commenced in federal court on the basis of diversity of citizenship, so there was in that case not even the specter of an article iii problem. id ., at 435. in the case before us, the ..... court concludes that the employee acted outside the scope of his employment, and if the tort plaintiff and the [defendant-employee] are not of diverse citizenship, then the federal court will be left with a case without a federal question to support the court s subject-matter jurisdiction. id ., at ..... westfall act certification and denied substitution. under this ruling, the united states was no longer before the court. furthermore, the parties were not of diverse citizenship and no federal law was at issue. the district court therefore held that it lacked subject-matter jurisdiction over the case.[ footnote 4 ] invoking 1447 .....

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