Search results
Results from the WOW.Com Content Network
There is a presumption that decisions made under the Immigration Rules will breach Article 8 of the ECHR only in "genuinely exceptional circumstances". This presumption significantly limits individual's ability to successfully challenge decisions they believe have breached their fundamental right to family life.
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance. The widespread or systematic use of enforced disappearance is further defined as a crime against humanity in Article 5.
Florida, 309 U. S. 227, 309 U. S. 237), and, in some circumstances, even solitary confinement (see In re Medley, 134 U. S. 160, 134 U. S. 167-168)." [45] In Thompson v. Oklahoma, 487 U.S. 815 (1988), the Supreme Court ruled that the death penalty constituted cruel and unusual punishment if the defendant is under age 16 when the crime was committed.
Exceptional circumstances are the conditions required to grant additional powers to a government agency or government leader so as to alleviate, or mitigate, ...
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 ECtHR likewise found the judgment was not a breach of Article 8. [6] Rotaru v. Romania [2000] ECHR 192 – Public information that is systematically collected and stored in files held by a state or its agents falls within the scope of private life. [7] Pretty v. United Kingdom [2002] – Article 8
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 ...
The test was developed in the Handyside v.United Kingdom, Silver v. United Kingdom, and Lingens v. Austria cases, related to freedom of expression. It has also been invoked in cases involving state surveillance, which the court acknowledges can constitute an Article 8 violation but may be "strictly necessary for safeguarding the democratic institutions" (Klass and Others v.