Over the previous year, Anand also
acted as Constitutional Litigator in Residence at the David Asper Centre for Constitutional Rights, representing the centre in a number of high - profile cases, including as an intervener at the Supreme Court of Canada in the constitutional test case of Jessica Ernst v. Alberta Energy Regulator.
Lord Shaw: «To what extent does the civil service
act as a constitutional check on the actions of the ministers?»
Courts remain willing to
act as a constitutional check on the legislature's actions within the field of education if only plaintiffs can find a way to respond to concerns over remedies.
For the Advocate General, the fact that the Treaty of Lisbon did not incorporate the same language with regard to the systemisation and hierarchisation of EU
acts as the Constitutional Treaty is of no consequence (the Treaty of Lisbon returned to the old language of directives and regulations).
As solicitor general under Bush, Olson defended the McCain - Feingold
Act as constitutional.
Not exact matches
Such
Constitutional protections have ensured that federal programs such
as Medicare, the Veteran Administration's TRICARE system (which provides benefits for active duty members of the military and their families), and the Emergency Medical Treatment and Active Labor
Act (EMTALA) apply the same rules to everyone they cover.
Notably, seven provinces opposed to the legislation, which, «in its drafting, if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws
as to the
constitutional violation of sections 92 and 91 of the British North America
Act, the Charter of Rights and Freedoms, freedom of speech, expression and association
as protected by that very Charter of Rights and Freedoms,» Segal said.
This would certainly seem to be effective to confer an immunity on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion
Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the
Act rests upon a reckless understanding
as to the
constitutional underpinnings of a particular provision?
In a May 30 letter to Catholics across the diocese, Bishop Lori said that the state's announcement came
as a «shock» and that the church in Bridgeport had no choice but to
act to protect its
constitutional rights.
Whitehead notes that many school districts continue to resist the Equal Access
Act, passed by Congress seven years ago and upheld
as constitutional by an 8 - to - l vote of the Supreme Court.
When the nation was established
as a democratic republic, the people of the former English colonies,
acting in their various
constitutional conventions, transferred all governing power to their states and to the federal government, reserving for themselves only certain rights and powers they previously claimed to enjoy
as subjects of the British Crown.
Why do I suggest this
as opposed to the more modest proposals of a
constitutional code (the Cabinet Office telling us what we already have in simple form) or a
constitutional consolidation
act (a detailed statement from the Law Commission of what we already have)?
Then these
constitutional conundrums can be ignored: Scottish MPs will have only limited impact in the UK Parliament, and negotiations can continue
as if the UK representatives
acted for those parts of the Union outside of Scotland.
This
constitutional balancing
act has pros
as well
as cons, not least the fact it distracts attention from what the Scottish government's proposition would actually be should another referendum be held.
Worse than being ill - named, such proposals are ill - timed
as it is manifestly impossible to
act upon them until the
constitutional convention is convened following the elections.
But while the SNP's shift towards
constitutional conservatism may be an awkward
act to pull off, there is no doubt that the Conservatives will be wary of these reforms being painted
as attempts to promote English interests at the expense of Scottish ones.
The GOP - lead House is set to vote yet again to repeal the Affordable Care
Act recently upheld
as constitutional by the US Supreme Court.
In addition to calling for an inclusion of marriage equality in the Democratic Party platform, the language also backs overturning the Defense of Marriage
Act and passing DOMA repeal legislation known
as the Respect for Marriage
Act in addition to opposing state
constitutional amendments aimed at blocking gay couples from marriage rights.
«For me, such a
constitutional convention must approach its task with a particular state of mind about the need to enable both mutual flourishing and a capacity for the UK to think and
act together
as a Union,
as a collectivity amongst all the devolution and decentralisation.»
But,
as Professor MacLean noted in his paper, the
Act of Union of 1707 was not simply a great political merger, creating a newly formed, British body of
constitutional law, and a legislature to generate it in perpetuity.
But now the law has been federally enshrined by the Securing the Protection of our Enduring and Established
Constitutional Heritage
Act, otherwise known
as the Speech
Act and Rory's help is getting serious recognition in the new book, «You Can't Read This Book: Censorship in an Age of Freedom.»
A Government last for
as long
as that Government can command a majority in the House of Commons: that is a fundamental
constitutional proposition in the Parliament
Act.»
«The Census Adjustment
Act is the law of New York State, and we will fulfill our
constitutional obligation to defend state law
as we do in all cases,» says AG Eric Schneiderman's office.
Second, that the independence of the Electoral Commission notwithstanding, the Supreme Court, having found an
act or action of the Commission to be unconstitutional, is vested with power under the Constitution (article 2 (2)-RRB- to compel the Commission to take such steps or actions
as the court deems appropriate to undo or remedy the
constitutional violation.
And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall
act as President,
as in the case of the death or other
constitutional disability of the President.
Issues like the DREAM
Act, which provides tuition assistance for undocumented immigrants, and ethics reform such
as the
constitutional amendment the governor first proposed in December for term limits and limiting outside income for state officials, lack the «political will,» he said.
«
As my office's legal guidance makes clear, President Trump lacks the
constitutional authority to broadly cut off funding to states and cities just because they have lawfully
acted to protect immigrant families,» Schneiderman said.
«Consequently, any individual or group of persons who engage in any
act of sabotage to the nation's strategic assets will face the full weight of the law
as the military and other security agencies will ensure total protection of such facilities wherever they are in line with our
constitutional mandate.
With local stories pouring in each day of the very real ways the Tea Party shutdown is hurting the middle class, it's time Republicans in Congress come to grips with reality that the Affordable Care
Act is the law of the land, that it was upheld
as constitutional by the U.S. Supreme Court, and that it's working.»
«The President lacks the
constitutional authority to cut off funding to states and cities simply because they have lawfully
acted to protect immigrant families —
as described in the legal guidance my office issued last week,» Schneiderman said.
SERAP is urging the court to declare that Malami's refusal to file a criminal charge against Patience was in conflict with his
constitutional mandate
as well
as the provisions of the Corrupt Practices and Other Related Offences
Act 2000.
After over 25 years of the functioning of the Fourth Republican
Constitutional dispensation,
acts such
as this must not only be frowned upon but must also be jettisoned with speed and alacrity and perpetrators named, shamed and dealt with to guarantee the growth and progress of our democratic order.
He takes his
constitutional roles seriously
as he has always done and will always do whether
as acting president or vice-president,» Akande added.
On June 28, 2006, the Supreme Court upheld the statewide redistricting
as constitutional, with the exception of Texas» 23rd congressional district, which it held was racially gerrymandered in violation of Section 2 of the 1965 Voting Rights
Act, apparently to try to protect a Hispanic Republican representative.
He
acted as vice chairman of the council when Chief Adelabu went to London to attend the
Constitutional Conference in London.
While setting aside the claimant's right to sought relief of judgment
as the minority leader, the judge said the House in the other relief
acted outside its
constitutional power.
And Gov. Andrew Cuomo's proposed Smart Schools Bond
Act, Proposal 3, which would generate $ 2 billion to improve classroom technology and other elements of educational infrastructure, also saw approval,
as did Proposal 2, the
constitutional amendment that would eliminate the need for legislative bills to be printed and supplied to every lawmaker before being considered.
Jointly known
as the Right to Know
Act, the bills would obligate cops to provide extensive identification in stops that don't result in a summons or an arrest and to inform civilians of their
constitutional right to refuse a search.
«Whether the 1st defendant (Buhari) after compliance with the 1999
constitutional provision, the Electoral
Act and the guidelines to the extent of winning the 2015 presidential election
as the president of the Federal Republic of Nigeria, need other further qualification to contest the 2019 presidential election.
Constitutional Lawyer and Human Rights Activist, Chief Mike Ozekhome has querried the continued retention of Mr. Ibrahim Magu
as the
Acting Chairman of the Economic and Financial Crimes Commission (EFCC) saying it is an impeachable offence.
«Therefore a governor who overreaches himself and
acts outside his
constitutional mandate can at best be described legally
as a meddlesome interloper.
Republicans who controlled the redistricting process
as part of a task force called LATFOR always said their lines were based on demographics, and insisted they complied with the state and federal
constitutional as well
as the federal Voting Rights
Act, which was enacted to protect the voting rights of racial minorities.
The Fixed Term Parliament
Act aside, planned
constitutional reform has fallen well short of expectations since 2010
as House of Lords reform, «equalising» boundaries, reducing the number of MPs and the Alternative Vote have all fallen by the wayside.
Conservative and Liberal Democrat ministers»
constitutional reforms have been criticised from the start,
as the Fixed Term Parliament
Act deliberately linked the establishment of a five - year electoral cycle with the mechanics setting up the 2011 electoral reform referendum.
Leadsom also confirmed that the EU withdrawal bill would not return to the Commons next week, and pointed to long breaks of up to 10 weeks at the same stage of other recent
constitutional bills, such
as the Human Rights
Act and the Fixed Term Parliament
Act.
And the yes voters, 73 % of whom are apparently in the market for a second referendum within five years, might well reflect that all the commissions thus far — from the
constitutional convention which delivered devolution through Labour's Calman commission updating the Scotland
Act, to the latest Smith proposals, share one arresting component: all appear to have a built - in obsolescence —
as the independence debate stubbornly refuses to shut down.
Harvard's Jonathan Zittrain and his colleague Jack Balkin, a professor of
constitutional law at Yale University, have argued that tech companies whose algorithms function
as gateways to the internet should
act as «information fiduciaries.»
Congress exceeded its
constitutional authority when it amended the federal Age Discrimination in Employment
Act of 1967 to cover states and their political subdivisions, such
as cities and school districts, the U.S. Supreme Court ruled last week.
It's been ten years since the Children's Internet Protection
Act — the law that requires public libraries and K - 12 schools to employ internet filtering software in exchange for certain federal funding — was upheld by the U.S. Supreme Court
as constitutional.
1734 — Thomas McKean was born in New London, Chester County, PA 1755 — McKean admitted to the bar and commenced practice in New Castle, Del 1756 — appointed deputy general for Sussex Country and served until 1758 1762-1775 — member of the Delaware House of Assembly 1764 — appointed one of the three trustees of the loan office 1765 — member of the Stamp
Act Congress; appointed sole notary for the lower counties of Delaware; received the commission of a justice of the peace and of orphans» court 1771 — appointed collector of the port of New Castle 1774 - 1776 — member of the Continental Congress 1776 — signer of the Declaration of Independence; member of the state house of representatives 1776 — served
as speaker 1777 — president of the state of Delaware 1777 - 1799 — chief justice of Pennsylvania 1781 - served
as President of Congress 1787 — member of the convention of Pennsylvania which ratified the Constitution of the United States 1789 — delegate to the state
constitutional convention 1799 - 1808 - Governor of Pennsylvania 1817 — died in Philadelphia, PA