It has never upheld a death sentence under the current statute.
The majority held that the violation was not upheld under section 1 of the Charter.
The violation could not be upheld under section 1 due to proportionality.
In the second case the court upheld a search under similar circumstances because the passenger did not claim ownership of the bag with the drugs.
It furthermore protests other states' failure to uphold their obligations under the Constitution.
"So we have been drafting and working for legislation that we feel would be upheld under the Webster standards."
The original union put them under trusteeship to block the transfer, and the court upheld the move as legal under the Act.
It has also twice upheld prosecutions under Article 125 when applied as necessary to preserve good order and discipline in the armed forces.
However, in the Tasmanian Dams case (1983), a majority of the court upheld federal environmental legislation under the power.
In each case, the courts upheld the freedom of speech principle for the authors and publishers under the First Amendment.