parens patriae การใช้

• In the United States, invocation of the Parens Patriae Doctrine is constrained by the constitutional Parental Liberty Doctrine.
• The state was now asserting its right, as parens patriae, to ensure the proper civilization of its youth.
• Fortas used the case to launch a ferocious attack on the juvenile justice system and " parens patriae ".
• The Court held that the state could sue as " parens patriae " only for injunctive relief and not for damages.
• In U . S . litigation, " parens patriae " can be invoked by the state to create its Sherman Antitrust Act.
• The " in loco parentis " doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption.
• The concept of the " parens patriae " suit has been greatly expanded in the United States federal courts beyond that which existed in England.
• The law courts'jurisdiction over the guardianship of children is said to have come from the King's prerogative of " parens patriae ".
• Hence, for example, as an aspect of " parens patriae ", a state will define the age at which a person may marry.
• Therefore, states such as Massachusetts had standing as " parens patriae " to sue EPA to seeks to require it to regulate to protect their coastlines.
• He took a leading role in the formulation of the theory of " parens patriae ", which allows the state to sue on behalf of its citizens.
• Rather, juveniles held in secure custody usually receive care consistent with the doctrine of " parens patriae ", i . e ., the state as parent.
• Rather, the beneficiaries are represented by the Attorney General for England and Wales as a " parens patriae ", who appears on the part of The Crown.
• Such proceedings, whether judicial or quasi-judicial, cannot displace the supervisory power of the court in the exercise of its " parens patriae " function to the child.
• Thus, in a series of cases after " Louisiana v . Texas " the Supreme Court followed that precedent to allow states to sue as " parens patriae ":
• The US Supreme Court recognized that Louisiana was attempting to sue, not because of any particular injury to a particular business of the State, but as " parens patriae " for all its citizens.
• In the Eve case, the risks were deemed too high and the benefits too obscure to authorize a nontherapeutic sterilization via " parens patriae " jurisdiction, since a surgical sterilization is an irreversible procedure.
• While the Court found that " parens patriae " could not properly be invoked in that case, the propriety and utility of " parens patriae " suits were clearly recognized, thus setting a precedent.
• While the Court found that " parens patriae " could not properly be invoked in that case, the propriety and utility of " parens patriae " suits were clearly recognized, thus setting a precedent.
• Instead, the Government of India exercised its right of parens patriae to appropriate all the claims of the victims and proceeded to litigate on their behalf, first in the New York courts and later, in the Indian courts.