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Furthermore, Article 8 sometimes comprises positive obligations: whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to ...
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government ...
The terms "exceptional and extremely unusual hardship" and "extreme hardship" are not synonymous but obviously different from each other. [ 1 ] Under the INA, effects of certain grounds to deportability can be waived by immigration officers under the U.S. Secretary of Homeland Security or by immigration judges under the U.S. Attorney General .
The Exceptional Circumstances Relief Payments or ECRP program was established in 1992 and has continued in various forms since. It provides financial assistance to farmers considered to be experiencing exceptional circumstances.
In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by case law. The relief of Specific Performance is an equitable relief which is usually remedial or protective in nature.
Abraham Holmes, a member of the Massachusetts Ratifying Convention for the federal constitution, [30] for example noted in a letter from January 30, 1788, that the new Constitution would give the U.S. Congress the power "to ascertain, point out, and determine, what kind of punishments shall be inflicted on persons convicted of crimes."
A default judgment may be set aside or varied if he defendant demonstrates “a real prospect of successfully defending the claim” or where exceptional circumstances apply. [85] Summary judgment: a summary judgment is made without requiring a trial. [86] A court may grant a summary judgment if either the claimant or the defendant has no ...
Sections 4 and 10 of the Human Rights Act 1998 are provisions that enable the Human Rights Act 1998 to take effect in the United Kingdom. Section 4 allows courts to issue a declaration of incompatibility where it is impossible to use section 3 to interpret primary or subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights ...