vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Defense of Marriage Act
Because the federal Employee Retirement Income Security Act ( ERISA ) controls most employee benefits provided by private employers , DOMA removed some tax breaks for employers and employees in the private sector when it comes to health care , pension , and disability benefits to same - sex spouses on an equal footing with opposite - sex spouses . ERISA does not affect employees of state and local government or churches , nor does it extend to such benefits as employee leave and vacation .
Parliamentary sovereignty
Alternatively , as prescribed by the 2016 Brexit referendum , an Act to withdraw from the European Union could be passed in parallel with the withdrawal procedure laid down in Article 50 of the Lisbon Treaty , whereby a Member State would notify the European Council of its intention to secede from the Union and a withdrawal agreement would be negotiated between the Union and the State . The Treaties would cease to be applicable to that State from the date of the agreement or , failing that , within two years of the notification . Following the case of Thoburn v Sunderland City Council certain statutes are perceived to be protected as Constitutional Statutes . The case involved amendments to the Weights and Measures Act 1985 by the Weights and Measures Act 1985 ( Metrication ) ( Amendment ) Order 1994 pursuant to Directive 80 / 181 / EEC . This stated that Imperial measurements could be displayed so long as the metric measurements were displayed in larger type beside them . Thoburn was convicted for only displaying Imperial measurements . In his defence he argued that allowing even limited use of Imperial measurements was inconsistent with the European directive and therefore in contravention of Section 2 ( 2 ) of the European Communities Act 1972 , and that the relevant section of the 1972 Act had therefore been implicitly repealed . However , the judgement by Lord Justice Laws held that certain statutes of constitutional importance , including Magna Carta and the European Communities Act 1972 , could not be repealed by implied repeal . The case also introduces the concept of a ' hierarchy of acts ' , which is used in other European countries , to English constitutional law . However , if Parliament did make its intention to overrule any statute express then any statute can be repealed , and so sovereignty is preserved . The enactment of the Human Rights Act 1998 which incorporates part of the European Convention on Human Rights into domestic law . The Act gives UK courts the power to issue a declaration of incompatibility where they believe that the terms of an Act of Parliament are in contravention of the rights guaranteed by the Human Rights Act . The effect of the declaration is not to annul the contravening Act but to send a signal to Parliament which may then choose to amend the offending provision . This does not endanger Parliamentary sovereignty because Parliament may choose not to amend the offending provisions .
Constitution of the United Kingdom
In England the established church is the Church of England . In Scotland , Wales and Northern Ireland , there is no state church ; in Wales and Northern Ireland their respective state churches were disestablished ( that is , they were not disbanded but had their `` established '' status abolished ) by the Welsh Church Act 1914 and the Irish Church Act 1869 . In Scotland , its national church had long held its independence from the state , which was confirmed by the Church of Scotland Act 1921 . England and Wales share the same legal system , while Scotland and Northern Ireland each have their own distinct systems . These distinctions arose prior to and were retained after the unions according to the terms of the 1706 Treaty of Union , ratified by the 1707 Acts of Union , and the Acts of Union 1800 . The
Bill of Rights 1689
The Bill of Rights remains in statute and continues to be cited in legal proceedings in the United Kingdom and other Commonwealth realms , particularly Article 9 on parliamentary freedom of speech . Following the Perth Agreement in 2011 , legislation amending the Bill of Rights and the Act of Settlement 1701 came into effect across the Commonwealth realms on 26 March 2015 which changed the laws of succession to the British throne .
Constitution of the United Kingdom
The power extended to Parliament includes the power to determine the line of succession to the British throne . This power was used to pass His Majesty 's Declaration of Abdication Act 1936 , which gave constitutional effect to the abdication of Edward VIII and removed any of his putative descendants from the succession ; and most recently to pass the Succession to the Crown Act 2013 , which changed the succession to the throne to absolute primogeniture ( not dependent on gender ) and also removed the disqualification of marrying a Roman Catholic . Parliament also has the power to remove or regulate the executive powers of the Monarch .
Bill of Rights 1689
The Bill of Rights applies in England and Wales ; it was enacted in the Kingdom of England which at the time included Wales . Scotland has its own legislation , the Claim of Right Act 1689 , passed before the Act of Union between England and Scotland . There are doubts as to whether , or to what extent , the Bill of Rights applies in Northern Ireland .
Democratic Party (United States)
On May 9 , 2012 , Barack Obama became the first sitting U.S. president to say he supports same - sex marriage . Previously , he had opposed restrictions on same - sex marriage such as the Defense of Marriage Act , which he promised to repeal , California 's Prop 8 , and a constitutional amendment to ban same - sex marriage ( which he opposed saying that `` decisions about marriage should be left to the states as they always have been . '' ) but also stated that he personally believed marriage to be between a man and a woman and that he favored civil unions that would `` give same - sex couples equal legal rights and privileges as married couples '' . Earlier , when running for the Illinois Senate in 1996 , he said that he `` unequivocally support ( ed ) gay marriage '' and `` favor ( ed ) legalizing same - sex marriages , and would fight efforts to prohibit such marriages . '' Senator John Kerry , Democratic presidential candidate in 2004 , did not support same - sex marriage . Former presidents Bill Clinton and Jimmy Carter and former vice presidents Joe Biden , Al Gore , and Walter Mondale also support gay marriage . Civil
False Claims Act
The California False Claims Act was enacted in 1987 , but lay relatively dormant until the early 1990s , when public entities , frustrated by what they viewed as a barrage of unjustified and unmeritorious claims , began to employ the False Claims Act as a defensive measure .
Gun laws in Canada
Legislation was upheld by the Supreme Court in Reference re Firearms Act ( 2000 ) . The FAC system was replaced with possession - only licences ( POLs ) and possession and acquisition licences ( PALs ) . Referring to Bill C - 68 , John Dixon , a former advisor to Deputy Minister of Justice John C. Tait , stated that the Firearms Act was part of a policy exercise by the Liberal Party of Canada so as to appear to be `` tougher '' on guns than Prime Minister Kim Campbell , and thus defeat her in the 1993 election .
Constitution of the United Kingdom
Common law legal systems exist in Northern Ireland and in England and Wales , but not in Scotland which has a hybrid system ( see Scots law ) which includes a great deal of Common Law . Court judgments also commonly form a source of the constitution : generally speaking in English Law , judgments of the higher courts form precedents or case law that binds lower courts and judges . However Scots Law does not accord the same status to precedent , and judgments in one legal system do not have a direct effect in the other legal systems . Historically important court judgments include those in the Case of Proclamations , the Ship money case and Entick v Carrington , all of which imposed limits on the power of the executive . A constitutional precedent applicable to British colonies is Campbell v. Hall , which effectively extended those same constitutional limitations to any territory which has been granted a representative assembly .
Constitution of the United Kingdom
The Parliament of the United Kingdom retained the Acts passed by the Parliament of England from 1267 to 1706 , the Parliament of Scotland from 1424 to 1707 , the Parliament of Ireland from 1495 to 1800 and the Parliament of Great Britain from 1707 to 1800 . While there is no definitive list of constitutional statutes , there are certain statutes that are significant in the history of the Constitution of the United Kingdom . Over time , some statutes that were once constitutional in nature have been repealed , others have been amended and remain in statute , while others are current legislation as originally enacted . None are entrenched , although it is not necessarily the case that parliamentary sovereignty extends to changing the Acts of Union in 1707 and 1800 at will . The European Communities Act 1972 is arguably `` semi-entrenched '' ; for as long as the UK remains a member of European Union that Act can not be repealed .
Freedom of speech by country
UK laws on defamation are among the strictest in the western world , imposing a high burden of proof on the defendant . However , the Education ( No. 2 ) Act 1986 guarantees freedom of speech ( within institutions of further education and institutions of higher education ) as long as it is within the law ( see section 43 of the Education ( No. 2 ) Act 1986 ) . UK defamation law may have experienced a considerable liberalising effect as a result of the ruling in Jameel v Wall Street Journal in October 2006 . A ruling of the House of Lords -- the then highest court of appeal -- revived the so - called Reynolds Defence , in which journalism undertaken in the public interest shall enjoy a complete defence against a libel suit . Conditions for the defence include the right of reply for potential claimants , and that the balance of the piece was fair in view of what the writer knew at the time . The ruling removed the awkward -- and hitherto binding -- conditions of being able to describe the publisher as being under a duty to publish the material and the public as having a definite interest in receiving it . The original House of Lords judgment in Reynolds was unclear and held 3 -- 2 ; whereas Jameel was unanimous and resounding . Lord Hoffman 's words , in particular , for how the judge at first instance had applied Reynolds so narrowly , were very harsh . Hoffman LJ made seven references to Eady J , none of them favorable . He twice described his thinking as unrealistic and compared his language to `` the jargon of the old Soviet Union . '' The Defamation Act 2013 reformed English defamation law on issues of the right to freedom of expression and the protection of reputation , and abolished the Reynolds Defence , Reynolds v Times Newspapers Ltd , also replacing the common law defences of justification and fair comment .
Forty-second Amendment of the Constitution of India
The bill for the Constitution ( Forty - second Amendment ) Act , 1976 was introduced in the Lok Sabha on 1 September 1976 , as the Constitution ( Forty - Second Amendment ) Bill , 1976 ( Bill No. 91 of 1976 ) . It was introduced by H.R. Gokhale , then Minister of Law , Justice and Company Affairs . It sought to amend the Preamble and articles 31 , 31C , 39 , 55 , 74 , 77 , 81 , 82 , 83 , 100 , 102 , 103 , 105 , 118 , 145 , 150 , 166 , 170 , 172 , 189 , 191 , 192 , 194 , 208 , 217 , 225 , 226 , 227 , 228 , 311 , 312 , 330 , 352 , 353 , 356 , 357 , 358 , 359 , 366 , 368 and 371F and the Seventh Schedule . It also sought to substitute articles 103 , 150 , 192 and 226 ; and insert new Parts IVA and XIVA and new articles 31D , 32A , 39A , 43A , 48A , 131A , 139A , 144A , 226A , 228A and 257A in the Constitution . In a speech in the Lok Sabha on 27 October 1976 , Gandhi claimed that the amendment `` is responsive to the aspirations of the people , and reflects the realities of the present time and the future '' .
History of the Church of England
Parliament passed the Enabling Act in 1919 to enable the new Church Assembly , with three houses for bishops , clergy , and laity , to propose legislation for the Church , subject to formal approval of Parliament . A crisis suddenly emerged in 1927 over the Church 's proposal to revise the classic Book of Common Prayer , which had been in daily use since 1662 . The goal was to better incorporate moderate Anglo - Catholicism into the life of the Church . The bishops sought a more tolerant , comprehensive established Church . After internal debate the Church 's new Assembly gave its approval . Evangelicals inside the Church , and Nonconformists outside , were outraged because they understood England 's religious national identity to be emphatically Protestant and anti-Catholic . They denounced the revisions as a concession to ritualism and tolerance of Roman Catholicism . They mobilized support in parliament , which twice rejected the revisions after intensely heated debates . The Anglican hierarchy compromised in 1929 , while strictly prohibiting extreme and Anglo - Catholic practices .
First Amendment to the United States Constitution
In Everson v. Board of Education ( 1947 ) , the Court drew on Thomas Jefferson 's correspondence to call for `` a wall of separation between church and State '' , though the precise boundary of this separation remains in dispute . Speech rights were expanded significantly in a series of 20th and 21st - century court decisions which protected various forms of political speech , anonymous speech , campaign financing , pornography , and school speech ; these rulings also defined a series of exceptions to First Amendment protections . The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits , most notably in New York Times Co. v. Sullivan ( 1964 ) . Commercial speech , however , is less protected by the First Amendment than political speech , and is therefore subject to greater regulation .
Freedom of religion in the United States
In 1922 , the voters of Oregon passed an initiative amending Oregon Law Section 5259 , the Compulsory Education Act . The law unofficially became known as the Oregon School Law . The citizens ' initiative was primarily aimed at eliminating parochial schools , including Catholic schools . The law caused outraged Catholics to organize locally and nationally for the right to send their children to Catholic schools . In Pierce v. Society of Sisters ( 1925 ) , the United States Supreme Court declared the Oregon 's Compulsory Education Act unconstitutional in a ruling that has been called `` the Magna Carta of the parochial school system . ''
Forty-second Amendment of the Constitution of India
The constitutionality of sections 4 and 55 of the 42nd Amendment were challenged in Minerva Mills v. Union of India , when Charan Singh was caretaker Prime Minister . Section 4 of the 42nd Amendment , had amended Article 31C of the Constitution to accord precedence to the Directive Principles of State Policy articulated in Part IV of the Constitution over the Fundamental Rights of individuals articulated in Part III . Section 55 prevented any constitutional amendment from being `` called in question in any Court on any ground '' . It also declared that there would be no limitation whatever on the power of Parliament to amend the Constitution . After the Indian general election , 1980 , the Supreme Court declared sections 4 and 55 of the 42nd amendment as unconstitutional . It further endorsed and evolved the basic structure doctrine of the Constitution . In the judgement on Section 4 , Chief Justice Yeshwant Vishnu Chandrachud wrote :
Freedom of speech by country
R v Keegstra , decided in 1990 , is one of the major Supreme Court decision relating to freedom of expression . Section 318 of the Criminal Code makes it a criminal offence to promote genocide against members of an identifiable group , based on their colour , race , religion , ethnic origin , sexual orientation or gender expression or identity . Section 319 of the Code makes it an offence to publicly incite hatred against people based on the same list of personal characteristics from s . 318 , except where the statements made are true or are made in good faith . In Keegstra , the Supreme Court by a 4 - 3 decision upheld the offence of publicly inciting hatred , finding that while it infringes the guarantee of freedom of expression , it is a reasonable limit and justifiable under s . 1 of the Charter .
Constitution of the United Kingdom
There are three judicial systems in the United Kingdom : that of England and Wales , that of Scotland , and that of Northern Ireland . Under the Constitutional Reform Act 2005 the final court of appeal for all cases , other than Scottish criminal , is the newly seated Supreme Court of the United Kingdom : for Scottish criminal cases , the final court of appeal remains the High Court of Justiciary . Furthermore , the Constitutional Reform Act guaranteed the independence of the judiciary , a concept that emerged from the Act of Settlement 1701 .
Constitution of the United Kingdom
Treaties do not , on ratification , automatically become incorporated into UK law . Important treaties have been incorporated into domestic law by means of Acts of Parliament . The European Convention on Human Rights , for example , was given `` further effect '' into domestic law through the preamble of the Human Rights Act 1998 . Also , the Treaty of Union of 1707 was important in creating the unitary state which exists today . The treaty was between the governments of England and Scotland and was put into effect by two Acts of Union which were passed by the Parliaments of both nations . The Treaty , along with the subsequent Acts , brought into existence the Kingdom of Great Britain , uniting the Kingdom of England and the Kingdom of Scotland .
Speaker of the Lok Sabha
Speaker is also removed on getting disqualified for being Lok Sabha member under sections 7 & 8 of Representation of the People Act , 1951 . This would arise out of speaker 's wrong certification of a bill as money bill inconsistent with the definition given in Articles 110 of the constitution . When courts uphold the unconstitutional act of the speaker for wrong certification of a bill as money bill , it amounts to disrespecting the constitution deserving conviction under Prevention of Insults to National Honour Act , 1971 which is applicable for disqualification of speaker 's Lok Sabha membership under section 8k of Representation of the People Act , 1951 . However the omissions in the procedure committed by the speaker in the Lok Sabha can not be challenged in court of law per Article 122
Federalism in India
Free movement of labour and goods permitted across the states The main purpose of the Union is for the free movement of labour and goods across the states Free movement of labour and goods permitted across the states per Articles 301 and 303 . Interstate Migrant Workmen Act 1979 protects the interests of migrant workmen . A single currency , single foreign policy and common armed forces under the control of union government A single currency , individual foreign policy and individual armed forces A single currency , single foreign policy and common armed forces under the control of Union government . Every state has constitutional rights to impose taxes and raise debt . EU body has no power to raise taxes and works as a common central bank of all countries except for the United Kingdom Every state has constitutional rights to impose certain taxes and raise debt . Part of Union government revenue is devolved to the states for public purposes . Predominantly , people speak one language and follow one religion under a secular constitution Multilingual people with predominantly following one religion under secular constitutions Multilingual and multiracial people following multi religions under a secular constitution . Highly developed democratic country Highly developed democratic countries Developing and largest democratic country with one sixth of the world population . Highly efficient executive and dedicated lawmakers . Highly efficient executive and dedicated lawmakers . Th effectiveness of executive and lawmakers hampered by inefficient functioning and corruption . Uneasy relationship of the executive with judiciary with attempts to bring latter under its control . Instances of attempts by Central Government to try to topple opposition - ruled states by unconstitutional means . High standard and prompt justice delivery set up . High standard and prompt justice delivery set up . Subsstandard and delayed justice delivery set up in a constitutional democracy . Judges of Supreme Court or High Courts do not give any reasons for not taking up a case for proceedings and many important cases which needs constitutional interpretation keep on pending for many years under the pressure of executive . Highest Judiciary does not take any responsibility morally and sometimes issue name sake written apologies in their judgements .
Freedom of speech by country
The right to freedom of speech is not explicitly protected by common law in New Zealand , but is encompassed in a wide range of doctrines aimed at protecting free speech . An independent press , an effective judiciary , and a functioning democratic political system combine to ensure freedom of speech and of the press . In particular , freedom of expression is preserved in section 14 of the New Zealand Bill of Rights Act 1990 ( BORA ) which states that :
United States antitrust law
Third , antitrust laws are modified where they are perceived to encroach upon the media and free speech , or are not strong enough . Newspapers under joint operating agreements are allowed limited antitrust immunity under the Newspaper Preservation Act of 1970 . More generally , and partly because of concerns about media cross-ownership in the United States , regulation of media is subject to specific statutes , chiefly the Communications Act of 1934 and the Telecommunications Act of 1996 , under the guidance of the Federal Communications Commission . The historical policy has been to use the state 's licensing powers over the airwaves to promote plurality . Antitrust laws do not prevent companies from using the legal system or political process to attempt to reduce competition . Most of these activities are considered legal under the Noerr - Pennington doctrine . Also , regulations by states may be immune under the Parker immunity doctrine .
Democracy
The Parliament of England had its roots in the restrictions on the power of kings written into Magna Carta ( 1215 ) , which explicitly protected certain rights of the King 's subjects and implicitly supported what became the English writ of habeas corpus , safeguarding individual freedom against unlawful imprisonment with right to appeal . The first representative national assembly in England was Simon de Montfort 's Parliament in 1265 . The emergence of petitioning is some of the earliest evidence of parliament being used as a forum to address the general grievances of ordinary people . However , the power to call parliament remained at the pleasure of the monarch .
First Amendment to the United States Constitution
In 1993 , the Congress passed the Religious Freedom Restoration Act ( RFRA ) , seeking to restore the compelling interest requirement applied in Sherbert and Yoder . In City of Boerne v. Flores ( 1997 ) , the Court struck down the provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment , on the grounds that while the Congress could enforce the Supreme Court 's interpretation of a constitutional right , the Congress could not impose its own interpretation on states and localities . According to the court 's ruling in Gonzales v. UDV ( 2006 ) , RFRA remains applicable to federal laws and so those laws must still have a `` compelling interest '' .