Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The President of the Council of Ministers challenged a provincial law enacted to protect the health of non-smokers, claiming that the regional law conflicted with national regulations on exposure to tobacco smoke, thus violating Articles 32 and 117 of the Constitution. The petitioner argued that the regional law diverged from the national regulations in that it altered the definition of those spaces to which the smoking ban applied, raised the amount of fines assessable upon violations of the ban, and instituted a fine for those who would sell or provide tobacco to persons under sixteen years of age, among other things. The court held that the constitutional challenge was well founded, finding that the law exceeded the scope of regional powers because it consisted of rules designed to replace regulations promulgated at the national level to safeguard fundamental principles.