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.
Not exact matches
McConnell explored the value of tradition generally —
as a coordinating mechanism, a democratic
check on state power, and a depository of values that endure over time — and then moved to a discussion of tradition and change in
constitutional interpretation.
Some would even call a film like The Post, directed by Steven Spielberg, a piece of light propaganda for the free press, while others would celebrate it
as a necessary gut
check for how fragile our institutions and
constitutional rights truly are.
This means that the most discussion of the policy and law are likely to occur in this time frame and immediately after
as people
check to make sure everything lines up (2016 for example were awash in
Constitutional Crisis scenarios, the validity of which is not necessary for this discussion).
The USA was designed
as a
Constitutional Republic, with
checks - and - balances between the branches of the federal government, and also division of power between federal state and local governments.
It marks the victory of the party that believes, in the end, in a second chamber which will never mean very much, over the party, Ashdown's party, which has campaigned for years in favour of a systematic, joined - up approach to
constitutional change that takes the need for
checks and balances
as seriously
as the appetite all governments have for untrammelled power.
To run
as an independent, all you need to do is fill in the nomination forms with the AEC, meet the
Constitutional and legislative requirements (in particular section 44 of the Constitution), pay the nomination fee (currently $ 2,000.00) and provide signatures of electors proving that you do have enough support for some kind of attempt (I believe it is 100 electors, but I haven't
checked the AEC website for this detail).
I believe that thanks to the national
constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog)
as well
as to the corresponding EU provisions — the
constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national
constitutional or apex courts can provide necessary
checks and balances on the ECJ enormous judicial power.
In my view, this saga illustrates a positive side to the «conditional» acceptance of EU law primacy by national
constitutional courts
as the latter provide
checks and balances on the ECJ's enormous judicial power.
Nor, from the materials I have been able to
check myself — her amicus briefs notwithstanding, and those do not list her
as counsel — does she appear to have publicly expressed positions on the broader
constitutional and civil - right questions that would invariably come before her
as an Eleventh Circuit judge.
If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate,
constitutional system of
checks and balances,
as well
as the oaths to which we swore, prove to be nothing but shams.