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| Re: Question about PA-Series Cars Re: PA5 Pics (750150) | |||
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Re: Question about PA-Series Cars Re: PA5 Pics |
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Posted by trainsarefun on Sun Mar 1 11:21:44 2009, in response to Question about PA-Series Cars Re: PA5 Pics, posted by JayZeeBMT on Sun Mar 1 10:38:09 2009. Law is based on jurisdiction.The US Constitution applies at least in every state and territory. The NY constitution however applies only to NY, and the NJ constitution applies only to NJ. That is the highest level of law. Then you have lower levels of law which are subject to applicable higher level constraints, e.g., at Grove St PATH is subject to the US and NJ constitutions. The highest of these lower levels of law are statutes, which are bills passed into law by a legislature in the relevant jurisdiction. Some of these statutes effectively act as constitutions for lower levels of law like regulations, which are enacted by an agency or authority (they have other names too) pursuant to the applicable administrative law statutes, which must comply with all higher law. The law in NYC states, "No person shall use the end doors of a subway car to pass between one car and another", but as the law does not specify NYCT exclusively, it must apply to all "subway cars" in the five boroughs, no? Negative. As I recall, you are quoting a regulation enacted by NYCTA. As such it is limited to NYCTA operations. Conversely, if photography is legal in NYC and NYS, can PATH have a "rule" or "law" that contravenes NYS law? Negative, generally. At least not where NYC or NYS law is applicable, generally. My qualification is due to the fact that the PA may have a special exemption in NYS or NYC law. But a challenge to PATH will succeed, if anywhere, in NJ state courts, under the NJ constitution. This is because the NJ constitution is generally a far more expansive conferral of free expression and related rights than are the US or NY constitutions. |
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