Sentences with phrase «as any constitutional principle»

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

Some undoubtedly support the motion as part of their opposition to any intervention against Assad, but others view it as a constitutional principle that Parliament should be able to scrutinise something as important as a decision to go to war.

However, having enshrined tax - base equalization as constitutional principle, California and numerous other states that have invoked it will be stuck with it for a long time.

It's as strong as any constitutional principle that there is,» Justice Kagan continued, «that when we have a program of funding — and here we're funding playground surfaces — that everybody is entitled» to that funding «whether or not they are a religious institution doing religious things.»

Lord David Pannick had that afternoon told fellow peers that the Bill had been made «marginally better» by amendments (and would have been «marginally better» still had Pannick's own amendment establishing access to justice as a constitutional principle been accepted).

The law recognizes as constitutional the principle that prosecutors must not act for improper purposes, such as purely partisan motives.

By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary with the ebb and flow of political forces.

Not exact matches

Whether one views constitutional interpretation as grounded in a theory of original meaning or the traditional liberal theory of judicial restraint and neutral principles, the distinctive nature of this approach is that it is legal in nature.

In the end, sound constitutional interpretation is ensured not so much by principles on paper as by judges with certain virtues.

In particular, the declaration references the charter's «principles of constitutional contractual citizenship» and «freedom of movement, property ownership, mutual solidarity and defense, as well as principles of justice and equality before the law,» in regards to Muslims and non-Muslims.

Even if all parties were to agree that American republicanism is not classically liberal, or that classical liberalism really is ontologically indifferent, or that the laws of nature and of nature's God are the foundation of constitutional order and that these are the same thing as natural law — even if, in other words, all parties were to agree to some version of a pristine American founding harmonious in principle with the truth of God and the human being — returning to the first principles of the eighteenth century isn't much more realistic than a return to the first principles of the thirteenth.

Hence, the principle of religious freedom also implies that constitutional stipulations should do nothing more than institutionalize the formative principle of communicative respect; they can not properly require of any citizen as a political participant explicit adherence to any substantive prescription for social action.

All three take me to task for excluding natural law as a source of new principles in constitutional adjudication.

Arkes is particularly valuable in his exploration of the limited use of philosophy as he discusses the moral principles that necessarily underlie many of the most important constitutional decisions.

If it can be shown, after all, that the founding Federalists were opposed to any government that promoted a particular conception of the good life, might we not then say that Laurence Tribe's and Eleanor Smeal's defense of «reproductive freedom» as a constitutional right is consistent with the principles of Hamilton, Madison, and Jay?

Both are constitutional ideals which should be approximated as nearly as possible while respecting other important principles, Separation should be viewed as a development friendly to religion in a heterogeneous society rather than as a hostile turn of events.

The Court, as it had prior to Casey, refused to apply the usual principle that laws should be interpreted to avoid constitutional difficulties, thereby illustrating a unique hostility to laws regulating abortion.

That Lincoln was devoted to the Declaration of Independence and viewed its statement of principles as integral to the American scheme of constitutional government is, if anything, an understatement.

If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.

What is one's place in a political regime that regards abortion as defining of the constitutional covenant, that expands the principle to other institutions of both private and public law, and that politically disempowers opponents?

Abortion's record is one of taint and damage to everything it touches, not least, as even Justice Anthony Kennedy (who, after having cast his lot with the pro «abortion justices in the 1992 Casey decision, joined the dissent in Hill) now seems to see, fundamental American constitutional principles.

The establishment of the chaplainship to Congs is a palpable violation of equal rights, as well as of Constitutional principles: The tenets of the chaplains elected [by the majority] shut the door of worship agst the members whose creeds & consciences forbid a participation in that of the majority.

The United States is the nation it is today because of Lincoln's unswerving constitutional commitment to maintaining the Union, his fidelity to the Constitution as he understood it and not necessarily as it was understood by others, and his willingness to fight for constitutional principle.

The dynamic of despotism was such that the rejection of first principles led inexorably to an assault on constitutional rights, as the defenders of slavery sought to undermine the rights of speech, press, assembly, and petition (whenever they were exercised by slavery's opponents, that is).

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.

agos State Governor, Mr Akinwunmi Ambode on Friday called for the closure of the Federal Land Registry in Lagos, describing it as an aberration which the current ongoing Constitutional amendment process must address in line with the principle of fiscal federalism.

It is considered by some parties as illegitimate, posing a serious danger to Japan's democracy since the Prime Minister circumvented the constitutional amendment procedure, dictating a radical change to the meaning of fundamental principles in the Constitution by way of Cabinet fiat without Diet debate, vote, or public approval.

Central to this model are the principles of random selection and deliberation: the idea that a diverse body of ordinary citizens, chosen on a near - random basis so as to be descriptively representative of the citizen population, are willing and able to deliberate and make recommendations on constitutional questions.

It is now clear to me — as it was not even a few years ago — that it is entirely possible to find proponents for almost any constitutional position but virtually impossible to locate any argument that has thus far succeeded in triggering principled reform.

Among these principles, the cornerstone is a constitution as a compact between different peoples, the idea of federation as union rather than unity, or the basic principle according to which loyalty or federal solidarity, for example, should express itself abiding by agreed constitutional rules (especially in the distribution of competences).

He says he regards ministerial accountability as a constitutional and statutory principle and that civil servants exercise those powers on behalf of those ministers.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

Constitutional Rights — The Reform Party supports the Principles established in the United States Constitution, Bill of Rights and Declaration of Independence as our guiding principles for the rights of our citizens and for defining the scope of our GPrinciples established in the United States Constitution, Bill of Rights and Declaration of Independence as our guiding principles for the rights of our citizens and for defining the scope of our Gprinciples for the rights of our citizens and for defining the scope of our Government.

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.

In the interim period, we will seek to end the hereditary principle and reduce the size of the current House of Lords as part of a wider package of constitutional reform to address the growing democratic deficit across Britain.

Allowing a pariah and disgraced leader such as Mugabe asylum in our country would be an affront to the values and principles upon which our constitutional democracy is based,» Cope leader Mosiuoa Lekota, said.

He's spoken of a vote for Leave as a moment of «patriotic renewal»; pitching the referendum not as a straight constitutional debate, or a question of democratic principle, but as a rare and unmissable opportunity to galvanise public life and shake up the status quo.

«As we remember the June 12 struggle we are challenged to guard our hard won democratic freedom and prevent any hijack or abuse of the very principles of constitutional democracy.

Here, Scalia quotes from the constitutional scholar Alexander Bickel, who argued that a «racial quota derogates the human dignity and individuality of all to whom it is applied; it is invidious in principle as well as in practice.»

ESCR are described in the 1978 Spanish Constitution as «Guiding principles of social and economic policies» (Chapter III of Title I) and violations can not be appealed to the Constitutional Court (Article 53 of the Constitution).

Second question is relevant from the point of view of constitutional rights and laws is the question of the legitimacy of the judge as the balancer, especially when the judge doesn't have sufficient constitutional standing to apply principles from this standpoint, and that when he does so, he unduly restricts and even usurps other powers enshrined in the constitution.

So America's constitutional system is adept at accommodating our divisions over the meaning of our history, but only for as long as we cherish and protect the principles of federalism, local control, and freedom they embody.

Americans United for Separation of Church and State is a nonpartisan educational and advocacy organization dedicated to advancing the constitutional principle of church - state separation as the only way to ensure freedom of religion, including the right to believe or not believe, for all Americans.

When the culture of the East, its chief characteristic, is added to the strength of body and the strength of mind of the agricultural center, its special contribution, and these two great characteristics are constantly imbued with the spirit of independence and love of liberty which lives in the hearts of the dwellers of the mountains, their main quality added to the national character, there is every reason to believe that we shall have a people and institutions such as will be permanent; with such wealth of resources, of such high education and intelligence, and of such vitality, of such longevity, of such devotion to freedom and hostility to centralization and tyranny as shall enable this Nation of ours to stand indefinitely; and to maintain in the future years its manifest destiny of leading the peoples and nations of earth in the principles of free government, constitutional security and individual liberty.

«ARL will be arguing that the Court should not recognize a justiciable duty to consult at any stage of the law - making stage as it would be contrary to the constitutional principles of parliamentary sovereignty and the separation of powers and would severely impede the law - making process which is integral to the rule of law in Canada,» according to an article on ARL's website.

However, in this case, Article 50, as a legal basis, would be virtually unlimited in its material scope, which may raise constitutional questions, in particular as regards the principle of conferral.

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.)

However, a review in 2013 in the University of Pennsylvania Law Review by Stuart Minor Benjamin indicated that the broad interpretation provided to speech under the First Amendment would require a significant reconceptioning of these constitutional principles if there was to be any extensive regulation of algorithms as proposed by Wu.

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).