Friday, May 4, 2012

The Queen v. Secretary of State for Health Ex Parte British American Tobacco case brief

The Queen v. Secretary of State for Health Ex Parte British American Tobacco FACTS
Directive is issued, Great Britain sues because the directive on tobacco products is "too strict". ISSUE 1 -Did the directive on Tobacco products - stricter rules than those adopted before, infringe the principle of subsidiarity? Holding: No.
ANALYSIS
P: no evidence has been shown that States could not adopt measures of public health protection that was considered necessary.
ISSUE 2 (1) Can the objective of the proposed action be better achieved at Community level?
HOLDING -Here the directive’s objective was to eliminate barriers raised by differences which still existed in State’s laws and ensure a high level of health protection at the same time (in accordance with Art. 95).
-Court says that such an objective can not be sufficiently achieved by the States individually and called for Community action
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Washington v. Shupe Case Brief: Analyzing Self-Defense and Evidentiary Rulings in a Criminal Trial

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