This article shall be inoperative unless it shall have been ratified as an amendment to
the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Not exact matches
But that effect of making constitutional change —
by amendment or
convention — so difficult doesn't mean the
Constitution is good.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified
by the Legislatures of three fourths of the several States, or
by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed
by the Congress
By avoiding confrontation and by making concessionary gestures to their Coalition partner, their strategy would appear to be to «hang the Liberal Democrats out to dry»; as realistically, the Conservative Party backbench would never pass a bill mandating a grand convention to write a brand new constitution from scratc
By avoiding confrontation and
by making concessionary gestures to their Coalition partner, their strategy would appear to be to «hang the Liberal Democrats out to dry»; as realistically, the Conservative Party backbench would never pass a bill mandating a grand convention to write a brand new constitution from scratc
by making concessionary gestures to their Coalition partner, their strategy would appear to be to «hang the Liberal Democrats out to dry»; as realistically, the Conservative Party backbench would never pass a bill mandating a grand
convention to write a brand new
constitution from scratch.
The
Constitution Act, 1867 -LSB-...] expressly confers upon the Queen or the Governor General the power to withhold the royal assent from a bill that has been enacted
by the two Houses of Parliament (s. 55), but a
convention stipulates that the royal assent shall never be withheld.
Where the Canadian and Dutch assemblies were purely constituted
by citizens, the Irish innovated for their
Convention on the
Constitution, including one third appointed politicians as members of the assembly.
As mandated
by New York's
Constitution, if New Yorkers approve a
convention, New Yorkers will elect delegates at the next general election, hence the November 6, 2018 date.
Convene a Constitutional Commission The New York
Constitution provides that, every 20 years, New Yorkers must vote by referendum on whether to hold a convention to amend the State c
Constitution provides that, every 20 years, New Yorkers must vote
by referendum on whether to hold a
convention to amend the State
constitutionconstitution.
According to Lexis Nexis there are two methods to amend the NYS
Constitution: (1)
by Constitutional
Convention or (2)
by having the amendment approved twice
by the NY State legislature and approved
by a general election.
As mandated
by New York's
Constitution, if New Yorkers approve a
convention, the
convention will convene on the first Tuesday in April following the election of delegates, hence the April 2, 2019 date.
A Constitutional
Convention is an expensive, complicated and potentially dangerous undertaking that is unnecessary because we already have a more rigorous and more democratic process
by which the voters can adopt or reject individual amendments to the State
Constitution on their... (read more)
Opposition to the
convention has been fueled this year in large part
by labor unions and environmental groups who worry about the consequences of opening up the
constitution.
This year, it's been opposed
by a coalition of environmental and labor groups who are worried a
convention would open up the
constitution to changes that impact benefits and protections.
While the initial draft required that any changes be made
by amendments, some participants at the
convention that wrote this
constitution argued that legislators should be free to determine their own pay and submitted new language that would allow this.
The changes require amending the state
constitution, which can be done either at a constitutional
convention or
by legislative initiative.
Two decades later, another constitutional
convention recommended an increase to $ 2,500, but the
constitution that was drafted was rejected
by voters.
The purported expiration of the tenure of the chairman and other members of the National Working Committee of the party
by the NEC was an illegality and therefore untenable and contrary to the provisions of our party's
constitution powered only to the National
convention of the party.
ALBANY — More than 100 specific proposals to revise the state
constitution, on topics ranging from term limits to allowing noncitizens to vote in some elections have been presented
by those seeking voter approval of a constitutional
convention on Nov. 7.
The four ballot - qualified parties (Democratic, Republican, Libertarian, and
Constitution) will choose nominees
by party committee or
convention.
The
convention is supreme
by the provisions of our
constitution.
La Follette, 450 U. S. 107, 124 (1981)(«A political party's choice among the various ways of determining the makeup of a State's delegation to the party's national
convention is protected by the Constitution»); Cousins v. Wigoda, 419 U. S. 477, 491 (1975)(«Illinois» interest in protecting the integrity of its electoral process can not be deemed compelling in the context of the selection of delegates to the National Party Convention» (emphasis added)-RRB-.3 A
convention is protected
by the
Constitution»); Cousins v. Wigoda, 419 U. S. 477, 491 (1975)(«Illinois» interest in protecting the integrity of its electoral process can not be deemed compelling in the context of the selection of delegates to the National Party
Convention» (emphasis added)-RRB-.3 A
Convention» (emphasis added)-RRB-.3 A political
An initial project for its
Constitution was rejected
by a referendum in 1778, leading to the election of a new constitutional
convention.
«
By including civil society in general, the bill will also undermine both section 22 of the 1999 Nigerian
constitution and article 13 of the UN
Convention against Corruption, both of which have given the media a critical role to ensure that the government, at all levels, is accountable to the citizenry.»
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified
by the Legislatures of three fourths of the several States, or
by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed
by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
«Tomorrow, September 17, is
Constitution Day: the anniversary of the agreement on the U.S.
Constitution by the Constitutional
Convention in Philadelphia in 1787.
A Constitutional
Convention met from August 28 to November 10, 1821, and the new
Constitution was adopted
by the voters in January 1822.
While stating that the party remained in intact, Maku described Agbaso's leadership of APGA as void, adding that Oye and other party officials were elected through a properly organised
convention of the party duly monitored
by INEC and other appropriate agencies in line with the party's
constitution and the Electoral Act.
Voters did approve a
convention in 1965 (on the ballot pursuant to a statutory mandate from the legislature) and it was held in 1967, although voters later rejected the revised
constitution produced
by that
convention.
More than 100 specific proposals to revise the state
constitution, on topics ranging from term limits to allowing noncitizens to vote in some elections, have been presented
by those seeking voter approval of a constitutional
convention on Nov. 7.
The
convention is backed
by some good - government organizations as well as attorneys, who believe it is a chance to update the
constitution and combat structural problems in state government.
This has been made possible
by a process of what Stephen Barber described as «stretching» of the
constitution, disregarding some
conventions while altering others.
I was research director for the
Constitution Revision Commission created
by Gov. Mario Cuomo in anticipation of the vote in 1997 on the mandatory
convention referendum question.
This sort of executive commitment, combined with thoughtful non-partisan preparation
by a
constitution commission, brings greater public support for convening a
convention.
In a letter organized
by Russell Moore, president of the Ethics & Religious Liberty Commission of the Southern Baptist
Convention, signers stated «
by all indication» Gorsuch would interpret the
Constitution in accordance with America's tradition of limited government and uphold the principles of protecting the unborn, strengthening religious liberty and the biblical definition of marriage and family.
The obligation to assist them is imposed
by South African
Constitution, UN Refugee
Convention of 1951, African Refugee
Convention of 1969 and International Covenant on Economic, Social and Cultural Rights of 1966.
Although there have been various proposals considered
by states attempting to control the agenda, rules, and participants of any
convention, there is nothing in the
Constitution that limits what delegates can do once a
convention has been called.
Under Article V of the
Constitution, there are two processes for amending it: amendments may be proposed
by Congress, or two - thirds of state legislatures (currently 34 states) may call for a
convention for proposing amendments.
In the absence of a codified
constitution, it is necessary for us to turn to constitutional convention or, as Dicey termed them, the «understandings, habits or practices which, though they may regulate the conduct of... officials, are not in reality laws at all since they are not enforced by the courts» (An Introduction to the Study of the Law of the Constitution (1959) 10th edn, Macmi
constitution, it is necessary for us to turn to constitutional
convention or, as Dicey termed them, the «understandings, habits or practices which, though they may regulate the conduct of... officials, are not in reality laws at all since they are not enforced
by the courts» (An Introduction to the Study of the Law of the
Constitution (1959) 10th edn, Macmi
Constitution (1959) 10th edn, Macmillan, p 24).
This is also confirmed
by the preparatory documents of the European
Convention on Article III ‑ 270 (4) of the Draft Treaty establishing a
Constitution for Europe, (23) the provision which subsequently reappeared in the Constitutional Treaty as Article III - 365 (4); according to those documents, the wording «acts of general application» was debated in the
Convention, but ultimately rejected and replaced
by the more restrictive expression «regulatory act», which was intended to express the distinction between legislative and non-legislative acts.
[2] Article 19 (8) of the ILO
constitution provides that «[i] n no case shall the adoption of any
Convention or Recommendation
by the Conference, or the ratification of any
Convention by any Member, be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the
Convention or Recommendation.»
Moreover, the constitutional perspective adopted
by the book encompasses the relationship between national
constitutions and the EU as well as the relationship between the European
Convention on Human Rights and the EU in the fields of policing, criminal law and data protection.
The Prime Minister's role can and has evolved to some extent with usage and
convention, but there is a fixed limit imposed upon the office
by the
Constitution Act, 1867 — namely, that whatever power the Prime Minister may wield in practice, he / she can never become the de jure head of state, since the
Constitution Act, 1867 explicitly reserves this role for the Queen, as represented in Canada
by the Governor General.
The Court of Cassation rejected that defence of state immunity, founded, as it appeared to be, on the two
conventions referred to, stating that the jurisdiction of the Dubai Courts includes all disputes save for those of a special nature as set out in Article 102 of the UAE
Constitution and laws, decrees, bye - laws regulations, orders and instructions issued
by the Ruler or His duly appointed delegee.
2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: - as for the JHA, I must say that whilst I agree with you on the merits, I can see the issue raised
by the CJEU, since it is quite the same raised
by some national Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR on the interpretation of such standards within the context of the
Convention does not bind the national Constitutional Court in interpreting the national
Constitution standards: e.g..
The Italian constitutional Court has upheld national rules which had been judged
by the ECHR as contrary to the
Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the
Convention, arguing that such rules nevertheless protected a different constitutional principle of the national
constitution and the
convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the
convention could not modify the
constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided
by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified
by the Legislatures of three fourths of the several States, or
by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed
by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
In reality, there was an amending formula — the Canadian
constitution could be amended
by the Imperial (i.e. British) Parliament, which in accordance with a «constitutional position» (i.e.
convention) recognized
by the Preamble of the Statute of Westminster, 1931, would only act on address of the Canadian Parliament, which, in accordance with a further
convention of which the Supreme Court recognized the existence in the Patriation Reference, could only make such an address with «substantial provincial consent.»
The preamble also refers to the fact that this legislation is intended to be a special measure for the descendants of the original inhabitants of Australia as allowed
by s. 51 (xxvi) of the
Constitution and a special measure for the advancement and protection of those peoples in accordance with the International
Convention on All Elimination of Forms of Racial Discrimination [sic].6
The failure of the Commonwealth government to ensure compliance of the states and territories with the obligations under the
Convention, including
by utilising its powers under section 51 (xxix) of the
Constitution in relation to external affairs or section 122 in relation to territories (para 7);
This
Constitution may be amended
by two - thirds of the number of votes cast
by the delegates at the National
Convention, provided the proposed amendment shall first have been submitted in writing to and been reported upon
by the Board of Directors, and provided further, that written notice of the substance of the proposed change has been sent to each Member Board who is qualified to vote individually at least 30 days prior to the meeting at which the amendment is to be considered.