Sentences with phrase «as a constitutional requirement»

The education of children with disabilities has to be organized not merely on humanitarian grounds, but also on grounds of utility and as a constitutional requirement under Article 21 - A.

Not exact matches

As for Justice Stevens himself, it is an arresting fact that in the animal sacrifice case he joined the opinion announcing the constitutional requirement that public officials disassociate themselves from antireligious measures.

«As far as APC is concerned, I have satisfied constitutional and the EC requirements and can contest the 2016 elections,» he said on Onua FM FridaAs far as APC is concerned, I have satisfied constitutional and the EC requirements and can contest the 2016 elections,» he said on Onua FM Fridaas APC is concerned, I have satisfied constitutional and the EC requirements and can contest the 2016 elections,» he said on Onua FM Friday.

The general practice is to move to larger majority requirements for issues of larger significance, such as constitutional changes.

But then, the laws of the American land recognizes that Trump has fulfilled all the constitutional requirements to fill the seat as America's 46th President regardless of the protestations on the street of Washington or New York of Atlanta.

Large - scale redistricting databases — as described here — are used to evaluate how a redistricting plan may confirm to federal and state constitutional requirements, and to assess political ramifications.

However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be.

Obama knew he didn't have the support of 2/3 of the Senate to properly agree to the deal as a legitimate treaty, so he attempted to circumvent the Constitutional requirement for Senate ratification by making a non-binding deal.

But, as Craig McAngus, expert in territorial politics and constitutional change at the Department for International Relations in the University of Aberdeen, points out, Norway has years of dealing with these tariffs and non-tariff requirements.

In other words, as we've known since late last week, there will be no vote today or tomorrow, unless a package deal on constitutional redistricting reform and the House maps gets done by legislative leaders and Gov. Andrew Cuomo, spurring the governor to provide a message of necessity to circumvent the three - day bill aging requirement.

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).

According to the INEC Commissioner, the constitutional requirements and percentage to effect the recall of Sen Dino Melaye by the petitioners could not be met,» consequently and in the light of the of the above, haven't failed to meet the constitutional requirements by law, INEC, declared the petition as failed, invalid, and ineffective.»

The bid to recall Sen. Dino Melaye, lawmaker representing Kogi West Senatorial District, has failed as the verification exercise did not meet the constitutional requirements.

The tone is set by those like Gov. Andrew Cuomo, for whom clear rules — like a constitutional requirement to let legislation age for three days, except in emergencies, so that lawmakers and the public can read and understand it — are treated as dispensable inconveniences.

«To that end, it is imperative the three pivotal Senate races be decided as soon as possible, consistent with applicable statutory and constitutional requirements.»

Our first objective is to get the state Senate and the Assembly to enact appropriate legislation in response to constitutional requirement that political lines for the legislature and Congress be redrawn every 10 years to reflect the changing population, as shown in the decennial federal census.

As a result, white suburban school districts were under no constitutional requirement to integrate their schools when their new white students had fled a central - city school district that was promulgating a desegregation plan.

It needs be noted that the Constitutional Court, with reference to integration, ruled that recognised refugees can not be treated «as permanent residents because they are not in the same [legal] circumstances for the simple reason that they have yet to meet the requirements for permanent residence».21 The requirements include an onus placed on a refugee applicant to provide compelling reasons demonstrating that he / she will remain a refugee indefinitely, subject to an approval by the Standing Committee for Refugee Affairs (SCRA).

Perhaps it is bending constitutional rights, but to most Americans, as shown by the results in the MO voting, believe that animals who were bred to spend their lives with us deserve to be treated at least by the requirements in prop B. (However, constant access to the outdoors seems a bit excessive to me.)

Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records pursuant to the requirements of this section and other provisions of law.35

Surprisingly, the story — which raises important questions such as the meaning of the Constitutional requirement that a jury reflect a cross section of the community or whether a nondiverse jury will produce biased results — hasn't attracted much discussion in the law blogs.

As the volume of cases in the system grew and the quantity of disclosure ballooned, Crown offices were struggling to ensure that the administrative requirements of organizing such cases kept pace with constitutional demands for speedy trials.

The fourth chapter analyses the constitutional bench, i.e. such factors as appointment procedures, numbers of judges, eligibility requirements to become a constitutional judge or tenure.

Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general duty to promote equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).

It was apparent from the outset that the Court's more conservative members were most interested in (a) finding that no one had a right to bring the constitutional challenge, at least at this stage, (b) putting off a challenge until the law has actually been enforced or at least until just before election day, or (c) salvaging as much as possible of the Indiana photo ID requirement on the theory that voter fraud is a problem that states have a legitimate right to try to solve.

I believe that, once we have agreed on a Bill of Rights, an amending formula, and a system of final adjudication, little would stand in the way of a general constitutional conference to discuss such other particular changes as may be necessary to adapt our constitution to the requirements of our day.

This could be argued to endorse the view expressed by the author on this blog in November that the «constitutional requirements» clause in Article 50 (1) functions as the bridge between the domestic legal order and the Union legal order, and thus the giving and potential revocation of notice under Article 50 (2) is purely a matter of domestic law.

Ministers in their role as Union legislators are legitimated to act both in accordance with the constitutional requirements of their own domestic legal order (in the UK the Royal prerogative to conduct international relations) in addition to being legitimated to act from the perspective of the Union legal order by the constitutional Treaty, specifically Article 16 (2) TEU's stipulation that «The Council shall consist of a representative of each member state at ministerial level, who may commit the government of the Member State in question and cast its vote.»

However, he did criticise as «broad and ill - defined» a statutory requirement (s 2 of the Constitutional Reform Act 2005) that the Lord Chancellor have experience as a Minister, be an MP or Peer, a legal practitioner, a university law teacher and any other experience the prime minister considers relevant.

It is, of course, quite true that the responsibility for public education is primarily the concern of the States, but it is equally true that such responsibilities, like all other state activity, must be exercised consistently with federal constitutional requirements as they apply to state action.

The substance of this will be incorporated into the Treaties at the time of their next revision in accordance with the relevant provisions of the Treaties and the respective constitutional requirements of the Member States, so as to make it clear that the references to ever closer union do not apply to the United Kingdom.»

Those issues were eventually resolved (not to mention, rendered moot by his loss), but now the accusations regarding failure to meet constitutional citizenship requirements are being levied against Obama, with groups arguing that the president - elect wasn't really born in Hawaii, or alternatively, that he renounced his U.S. citizenship when he moved to Indonesia as a child.

For example, case law has recognized that statutes of limitation can apply to constitutional claims, as can appeal periods, leave and notice requirements.

The United Kingdom has no codified constitution however, and there are competing theories as to what our constitutional requirements actually are.

by appellant as a part of the latter constitutional contention disappears by our holding, as indicated later in this opinion, that the challenged clause of the ordinance and New Hampshire's requirement for following a judicial remedy for the arbitrary refusal are valid.

Does the possibility accorded to Penn Central, under the landmark preservation regulation, of realizing some value at some time by transferring the Terminal development rights to other buildings, under a procedure that is conceded to be defective, severely limited, procedurally complex and speculative, and that requires ultimate discretionary approval by governmental authorities, meet the constitutional requirements of just compensation as applied to landmarks?

several constitutional principles other than the rule of law that have been recognized by this Court — most notably democracy and constitutionalism — very strongly favour upholding the validity of legislation that conforms to the express terms of the Constitution (and to the requirements, such as judicial independence, that flow by necessary implication from those terms).

(b) Several considerations demonstrate that adding the Court's constitutional requirement onto the Act as currently written would so transform the statutory scheme that Congress likely would not have intended the Act as so modified to stand.

But the Enbridge cases remind us that we also need a legislative scheme that ensures that Canadians have the ability to resort to the courts to seek judicial review of environmental assessment outcomes as a safeguard to ensure that statutory and constitutional requirements are being met.

Not only then is irrevocability a matter that may require to be determined by CJEU, but so is the central issue of whether legislation is required - being as it is a question of a «constitutional requirement» in terms of 50 (1).

«The federal constitutional requirement that both houses of a state legislature must be apportioned on a population basis means that, as nearly as practicable, districts be of equal population, though mechanical exactness is not required,» the Chief Justice wrote.

As Article 50 requires that withdrawal be in accordance with the withdrawing country's constitutional requirements, one could then say that at the end of the two year period, the UK would still need to be considered an EU member state unless and until Parliament granted its approval.

The NTA provides a fairly comprehensive codification of what past government actions extinguish native title.145 It classifies various interests in the past, often distant past, as «previous exclusive possession acts» which deems them to have permanently extinguished native title.146 The NTA also provides that «previous non-exclusive possession acts» 147 will extinguish native title to the extent of any inconsistency.148 The NTA also validates acts of government that took place before the High Court's decision in Wik which may be invalid because of the existence of native title (generally, due to the Constitutional requirement that «just terms» be paid where property is acquired, 149 or the operation of the Racial Discrimination Act 1975 (Cth).150 This aspect of the NTA has been repeatedly criticised by CERD.

A Missouri appellate court has considered whether a town's requirement of a property inspection prior to advertising a property as «for sale» was constitutional.