Sentences with phrase «as a constitutional matter»

Gulati and Rasmussen's paper focuses on this question, arguing that, as a constitutional matter, the United States may not prohibit Puerto Rico from enacting its own bankruptcy - like restructuring process while offering no alternative mechanism.

As a constitutional matter, there is no basis for a referendum because there has not been a showing that there is substantial demand for the creation of new regions.

Just because schools do not completely do «the right thing» in every case and tragedy unfortunately on occasion is the result does not mean, as a constitutional matter, that the district and its officials will be liable as the result of litigation.

I think the whole line of SCOTUS jurisprudence in this area has, in the main, been correct as a constitutional matter.

No Canadian jurisdiction provides for electronic chattel paper, and as a constitutional matter (property and civil rights) Parliament would not be able to legislate in this area.

(I support same - sex marriages and civil unions as a policy matter..., but I don't think that state courts should mandate them as a constitutional matter.)

Not exact matches

«Certainly as a matter of constitutional morality, it is very questionable.»

Louis Seidman, a constitutional - law expert and professor at the Georgetown University Law Center, told Business Insider in July that whether Trump can pardon himself is «very questionable» as «a matter of constitutional morality.»

Opinion: As a matter of constitutional jurisdiction, the federal government does not need Alberta's buy - in to legally enact and implement its national climate change policy

That includes the equalization program, placed in the constitution in 1982 (though, as a now decade - old paper on the matter pointed out, its constitutional status is actually quite weak).

Now, some constitutional law purists (not to mention a number of criminal law professors) maintain that the criminal law power should not be used for matters of regulation as opposed to outright prohibitions based on grounds of morality.

The legal bottom line: As a matter of constitutional jurisdiction, the federal government does not need Alberta's buy - in to legally enact and implement its national climate change policy.

As a matter of constitutional law, the federal government has ample authority in this area.

«We disagree with this decision, which is wrong as a matter of constitutional law,» he said last week, according to CNN.

If I were the president, I would take the partisan judicial activism masquerading as constitutional principle route, no matter what the Court decides.

The traditional system possessed one specific form which, just as a matter of political mechanics, did more than anything else to convert a constitutional democracy into semi-democratic constitutionalism.

This would bring the matter to a constitutional crisis, resolvable perhaps only by force, as at Ole Miss in 1962.

We can argue about the nature of the harm, but the Court, as a matter of constitutional right, prohibited protection of those with a particular weakness of this type of material.

Richard Posner, a judge of the U.S. Seventh Circuit Court of Appeals, in a New York Times op - ed co-authored December 2 with Law Professor Eric Segall, takes Supreme Court Justice Antonin Scalia to task for threatening America with a «majoritarian theocracy» because of his repeated dissents, since Lawrence v. Texas, against the expansion of homosexual «rights» as a matter of Constitutional solicitude.

He held that «the religious nature of the recipient should not matter to the constitutional analysis, so long as the recipient adequately furthers the government's secular purpose.»

As I see the matter, there is not in fact any constitutional issue at stake.

Once again we must come together as a nation and show those who would oppose us that no matter how much they may terrorize us they can never make us scared enough to deny any American their Constitutional rights no matter their race, religion or creed.

Although there is a procedure for debating so - called bills of first class constitutional importance before the full House there is no obvious rhyme or reason as to what is claimed to constitute such a bill as a matter of principle.

State secretaries of state are prohibited as a matter of law and constitutional principle from conducting foreign affairs.

The Irish Government has still to respond on these later reports, but already it is clear that the Convention recommendations on many matters will lead to the holding of referendums on specific issues in 2015; and we are likely to see real and significant constitutional change made as a result.

Communist constitutional norms certainly mattered for the Badinter Committee as they formed the basis for its opinions on status questions in former Yugoslavia.

So, while the courts could slow down the process, they are likely to stay out of the Legislature's affairs as a simple matter of respect for the constitutional separation of powers.

The Liberal Democrat approach to English concerns is based on five interconnected devolution proposals: EVEL; a constitutional convention; the local level as the main recipient of decentralised powers; more City Deals (like Devo Manc) to prompt economic growth; and «devolution on demand», to allow councils to take control of the services that matter most to them.

The Interim Measures of the African Court on Human & People's Rights was not before them and couldn't have come before them as a matter of constitutional dictates.

First, to deal briefly with the introduction of extraneous matters not forming part of the Commissioner's report and attempts to amend, vary, modify and rewrite the Commissioner's report in some parts, to show that it does no credit to the legal advisors to the Government as it converts them into conduits of a corrupt political elite in Government contrary to their constitutional mandate specifically provided for under Article 88 of the Constitution.

After back and forth, Mr Afoko on Monday appealed the decision of the NEC at the National Council level stating constitutional breaches as the basis of the 14 - paged petition, which prompted the highest decision - making body of the party after congress, to meet over the matter Thursday afternoon.

A: There is a real anomaly in the way Scottish MPs vote on English matters - but it is only one of countless anomalies in our electoral system, and they all need to be addressed together as part of a new constitutional settlement.

When the unreformed House of Lords attempted to amend the welfare reform and pensions bill last year, Alistair Darling referred to the interference as «a constitutional matter», saying: «The House of Lords has to accept that we are the elected chamber.»

But it is no coincidence that a Conservative administration, hardly famous for craving constitutional modernisation, has chosen as a matter of priority to enact changes that damage the Labour party's prospects of electoral recovery and lay the foundations for a long - term Conservative monopoly on government.

If the Tories win an English majority, every decision a Miliband government makes on constitutional matters affecting England could be denounced as illegitimate by its opponents.

In a response published on all the electronic and print media entitled «I have nothing personal against the Government or the President» I answered each of the allegations, showing the role I played in John Mahama's nomination as Vice Presidential candidate and stated that: «Being my true self I disagree and I have disagreed with the NDC Government on matters of constitutional principles, beliefs, values and policy issues but never on personal matters.

Meanwhile, as part of his proposals for a «new and fair» constitutional settlement, David Cameron has pledged that English matters will only be voted on by English MPs, a proposal that could effectively undermine a future Labour majority in the House of Commons.

The chances of any measure for IE reform passing in the final days appears to be slim, however, as lawmakers are yet to come to an agreement on matters generally considered to be lower - hanging fruit, such as the first passage of a constitutional amendment to require the forfeiting of pension benefits from public officials convicted of corruption.

Senator George Sekibo (PDP, Rivers) in a motion said the Senate as an institution should not join issues with individuals in the other arms of government, saying the issue was a Constitutional matter.

First, to deal briefly with the introduction of extraneous matters not forming part of the Commissioner's report and attempts to amend, vary, modify and rewrite the Commissioner's report in some parts, to show that it does no credit to the legal advisors to the Government as it converts them into conduits of a corrupt political elite in Government contrary to their constitutional mandate specifically provided for under Artilce 88 of the Constitution.

«The NDC as a party wishes to state that its official position on this matter is that the Supreme Court as the apex court of the land is entitled to conduct its business as an Independent body within the framework of our democratic and constitutional dispensation», the statement counseled.

As well as going into some detail on matters from constitutional arrangements to confidence in the Labour Assembly Members seeking to step into Rhodri Morgan's shoes, the headline announcement to come out of this wealth of data was burgeoning support for the Welsh Conservatives and the utter collapse in that for Labour in WaleAs well as going into some detail on matters from constitutional arrangements to confidence in the Labour Assembly Members seeking to step into Rhodri Morgan's shoes, the headline announcement to come out of this wealth of data was burgeoning support for the Welsh Conservatives and the utter collapse in that for Labour in Waleas going into some detail on matters from constitutional arrangements to confidence in the Labour Assembly Members seeking to step into Rhodri Morgan's shoes, the headline announcement to come out of this wealth of data was burgeoning support for the Welsh Conservatives and the utter collapse in that for Labour in Wales.

may be it was the yorubas who made it possible for President John Mahama of Ghana to be sworn - as President of Ghana — after the death of Prof Attah Mills ------- just may be ------- why must a nation match over a constitutional matter — its shows how demomic our thoughts can be -------- separation is the only answer — let the yorubas as its usual with them lead that fight also for us to split quietly

There must be, as a matter of constitutional law.

Several were on such fiscal matters as the 1996 budget resolution and a constitutional amendment to require a balanced budget.

Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs of a school district, including fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.

As a state constitutional matter, the law requires that states make public education their first priority.

The federal government must respect the constitutional right of scientists to speak about any subject, including policy - related matters and those outside their area of expertise, so long as the scientists make it clear that they do so in their private capacity.

The second, logically connected, is that the alleged conflict between the interpretation of Article 325 TFEU given by the ECJ and Italian Constitutional law (the principle of legality in criminal matters as laid down by Article 25 (2) Const.)

The ECJ approach neglects the negative effects on fundamental principles built by a national constitutional consensus and enshrined in the Constitutions, such as legal certainty in criminal matters (v.g. the Taricco case) and to that constitutional courts can not look the other way.