positive duty वाक्य
उदाहरण वाक्य
मोबाइल
- In a concurring opinion, Taney argued that the constitutional guarantee of slaveholders'rights to ownership and the prohibition in Article IV against preventing slaves'return to their masters in Southern states imposed a positive duty on states to enforce federal fugitive slave laws.
- "We may be unique in the world, but in our armed forces, you have a positive duty to disobey an unlawful order, " said Smith, a University of Oklahoma law professor who spent more than 20 years with the Army Judge Advocate Corps.
- As for what the Rev . Max Stackhouse, the Stephen Colwell Professor of Christian Ethics at Princeton Theological Seminary, calls the " classical tradition " in Protestantism, it has almost always taught that " there is a positive duty to support the political powers ."
- "There are public laws in this state, " he said at the time, " and it's our positive duty to deal with fornication just as we do with thievery, lying and cheating, by taking severe disciplinary measures against the offenders ."
- Thus, they serve to emphasise the welfare state model of the Constitution and emphasise the positive duty of the state to promote the welfare of the people by affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, as mandated by Article 38.
- It may be argued that these rights create a positive duty of the rich to provide what they guarantee ( security, a livelihood, etc . ); or, alternatively, it may be argued that the rich are currently violating their negative duty not to impose a global order that systematically violates rights of the poor.
- Under the scheme nations would pay a dividend ( tax ) on any resources that they use or sell, resulting in a sort of " tax on consumption " Pogge's scheme is motivated by the positive duty to alleviate poverty, but also on the negative responsibility of the rich not to use institutions that perpetuate economic inequality.
- It implies that federal / provincial / territorial anti-discrimination measures place a positive duty on employers, service providers and landlords [ . . . ] to accommodate people's needs for reasons associated with recognized discriminatory grounds . " According to Sandra Fredman, the duty of reasonable accommodation " represents and advance towards substantive equality " for three reasons.
- The case could be seen as unusual, because as the Court noted, " This case does not involve the typical situation of government action restricting or interfering with freedom of expression in the negative sense " and that " the respondents are requesting the Court to consider whether there may be a positive duty on governments to facilitate expression in certain circumstances ."
- Firstly, " equality is explicitly asymmetric, aiming to redress disadvantage even if this entails different or more favourable treatment . " Secondly, it is focused " on modifying the environment to facilitate the participation of those affected . " Finally, " [ it ] goes beyond other conceptions of equality in that it expressly imposes a positive duty to make changes ."
- A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled ( " negative servitude " ) or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist ( " positive servitude " ).
- Also, the nature of the positive duties imposed by the right to have legislative and other measures taken to protect the environment, to realise the right to housing, the right to health care, food, water and social security, and the right to education, would usually result in them not being applicable to private conduct . The remaining rights in the Bill of Rights can, depending on the circumstances of a particular case, be applied directly horizontally, so as to impose duties on private individuals to conform their conduct to the Bill of Rights.
- Not only did he actively enlist all able-bodied black men at an unprecedented rate often with the assistance of all-black recruiting squads, and despite the legislature's strident objection to the continued presence of black troops in the state he sustained martial law in the state in order to override the state's civil courts and governments because of their obvious unwillingness to assume " their clear and positive duty to protect the people from forcible wrongs, whether inflicted under the forms of law or otherwise . " He legitimated slave marriages to protect the wives and children of enlisted men ( in part a response to the Camp Nelson embarrassment ), established refugee camps, fended off efforts by various municipal governments to expel fugitive slaves and free blacks alike and deny them the opportunity to find employment, released slaves from jails and workhouses, ordered that no bondman should be forced into service as substitutes, and issued tens of thousands of travel passes enabling African Americans to move freely within and without the state in search of employment.
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