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Doctors for Life brought its application to the Constitutional Court directly, on the basis that, under section 167(4)(e) of the Constitution, the court's exclusive jurisdiction was engaged by the claim that Parliament had failed to fulfil a constitutional obligation.
First, it sought a declaration that Parliament and the President had failed to fulfil a constitutional obligation; under section 167(e), such a determination engaged the Constitutional Court's exclusive jurisdiction. Alternatively, and in any case, direct access would in the circumstances be in the interests of justice, and section 167(6)(a ...
The court was unanimous in holding that the matter fell within its exclusive jurisdiction under section 167(4)(e) of the Constitution, insofar as it concerned an alleged failure by Parliament to fulfil its constitutional obligations. On the other legal questions, however, the court was split seven to four.
Pape, 365 U.S. 167 (1961), was a United States Supreme Court case that considered the application of federal civil rights law to constitutional violations by city employees. The case was significant because it held that 42 U.S.C. § 1983 , a statutory provision from 1871, could be used to sue state officers who violated a plaintiff's ...
The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.
The Supreme Court on Thursday will be taking its first look at the insurrection clause in a case in which the stakes couldn’t be higher. Former President Donald Trump is the leading candidate ...
Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly elected member for only those reasons enumerated in that clause.
"Because the framers chose to define the group of people subject to Section Three by an oath to ‘support’ the Constitution of the United States, and not by an oath to ‘preserve, protect and ...