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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 ...
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional , i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
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.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Section 1 is one of the three vesting clauses of the United States Constitution, which vests the judicial power of the United States in federal courts, requires the supreme court, allows inferior courts, requires good behavior tenure for judges, and prohibits decreasing the salaries of judges.
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.
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 ...
Act to amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the head of the judiciary; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for ...