Sentences with phrase «as constitutional challenges»

Mark represents clients before the courts in proceedings of all kinds, including commercial litigation, judicial review, declaratory judgment and injunction proceedings, as well as constitutional challenges under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

As to arguments that the court could develop the law, that would «involve complex situations more suited to legislation», she said, and the case «was not brought as a constitutional challenge».

Not exact matches

«Brexit thus presents fundamental constitutional challenges to the United Kingdom as a whole,» the report said.

The law, known as Senate Bill 4, is slated to take effect Sept. 1, but has been challenged in court by rights organizations and localities that say the law infringes on local governments» constitutional rights, and will sow fear through immigrant communities by dissuading people from reporting crimes or testifying as witnesses out of fear they will be deported.

The form of argument in this presentation has emphasized several specific points: first, that the Asian values argument, as a challenge to the implementation of constitutional democracy, is exaggerated and fails to account for the richness of values discourse in the East Asian region - local values do not provide a justification for harsh authoritarian practices; second, that the cultural prerequisites arguments fail because they ignore the discursive processes for value development and they are tautological, excessively deterministic and ignore the importance of human agency it, therefore, makes little sense to take an entry test for constitutional democracy; third, the difficulties of importing Western communitarian ideas into an East Asian authoritarian environment without adequate liberal constitutional safeguards; fourth, the positive role of constitutionalism in constructing empowering conversations in modern democratic development and as a venue for values discourse; fifth, the importance, especially in a cross-cultural context, of indigenization of constitutionalism through local institutional embodiment; and sixth, the value of extending research focused on the positive engendering or enabling function of constitutionalism to the developmental context in general and East Asia in particular.

Wendy Long is campaigning hard for the pro-gun vote, as evidenced by this video, in which she promises to challenge Sen. Kirsten Gillibrand on the constitutional right to bear arms should she make it past the GOP primary and into a head - to - head contest with the Democratic junior senator in the November general election.

Ghose used the discussion of challenges specific to a UK - convention to emphasise the need for pilot constitutional discussions to shape the main event, citing the «We the Citizens» campaign in Ireland as an example.

Ganim's attorney is arguing that the time frames should work in Ganim's favor as «the statute presents serious retroactivity and constitutional challenges.»

As others have argued, it will be challenging for the new committee to scrutinise its new portfolio effectively given the potential scope of the constitutional change that we could see in this Parliament.

«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.

As Clint Bolick of the Goldwater Institute details in the report, publicly funded educational choice programs have a mixed record in court, but STC laws have a perfect record of withstanding constitutional challenges.

As a law student, I was part of a team that filed one of the nation's first constitutional lawsuits challenging the funding inequalities in Newark, New Jersey.

The five justices on the state's high court have scheduled one hour of oral arguments to review a constitutional challenge to the vouchers, formally known as the Choice Scholarship Program.

To advocate effectively on behalf of students, principals and teachers must continue to support and uphold the constitutional, civil, and due process rights of all students.Student Achievement Schools should prepare students for the challenges that they will face as they transition from one stage of life to the next by helping students focus on gaining the skills, knowledge, and understandings today that they will need tomorrow.

Just as importantly, eight decades of court rulings — driven by the courtroom work of civil rights activists and school funding equity advocates — also provides reformers with the legal arguments necessary to challenge tenure laws and other policies that impede the constitutional obligation of states to provide children with high - quality education.

This leader in antischool choice strategy describes tax credits as «bullet - proof on constitutional issues» because they have survived every legal challenge to date.

And I think that, as Seamus Hasson said this morning, at least for the foreseeable future, such a decision (to fund only public schools) is not open to constitutional challenge.

In this capacity, Mr. Geier has been responsible for developing DOT's positions in numerous Supreme Court and lower federal court cases that have included a wide range of constitutional and administrative law issues as well as regulatory challenges.

Every single lawsuit challenging a retail pet sale ordinance has been decided in favor of the cities that have passed the ordinances and courts have upheld the ordinances as constitutional.

Democratising the rule of law is one of the most urgent challenges of our times, as the legitimacy of legal institutions for protecting the rule of law is increasingly challenged... Jack's expertise in articulating and promoting constitutional values in the political process, his practical experience of how parliaments work in practice, and his proven commitment to promoting a democratic vision of the rule of law, make him perfectly placed to lead the Bingham Centre's programme of work in this area.»

In this post I will focus on the competence issue by discussing the particularities of EU constitutional law and the (modest) challenge a ban on the sale of exotic imports such as seal products poses for EU legislative competence.

It was challenged constitutionally by the Canadian Broadcasting Corporation, Groupe TVA, La Presse Ltée and the Fédération professionnelle des journalistes du Québec, as a breach of constitutional guarantees of freedom of speech and media freedoms.

«In Gonzales v. Raich, the Supreme Court rejected a constitutional challenge to the Controlled Substance Act, as applied to the cultivation, possession and use of cannabis for medical purposes as recommended by a physician and authorized by state law.

As a matter of constitutional U.S. law, your conviction remains valid and you must serve the sentence, if your conviction was final and all appeals had been exhausted when the new court decision was announced unless it was a «new rule» of law rather than a mere interpretation of existing law, but if your conviction was not yet final because post-conviction motions or appeals were still pending, the new rule of law could be utilized to challenge your conviction.

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.

Quebec, to its credit, conceded the Act as a whole was constitutional, instead concentrating its challenge on the destruction of the data (s. 29 of the ELRA).

This would be a means of recognizing in our most fundamental law that Quebec existed in our country as a distinctive part of it with unique needs in such matters as language and culture and that courts would need to take the existence of this «distinct society» into account when analyzing provisions under constitutional challenge.

In 2011, Andrew Lokan and Jodi Martin acted for the Canadian Civil Liberties Association as interveners before the Federal Court in a constitutional challenge to the hate speech provision (section 13) of the Canadian Human Rights Act.

Additionally, we may assert an array of defenses and challenges to constitutional violations, such as a Miranda Rights violation.

Keramet Reiter's research goes even further to suggest that limited judicial intervention on prisoner isolation in the 1960s and 1970s may have contributed to the modern supermax, as department of corrections officials designed «constitutional» modes of segregation in response to legal challenges.

However, it does provide political certainty as to the timeframe of Brexit, barring the notification being blocked by the outcome of the upcoming constitutional challenge to the government's authority to trigger Article 50 without the consent of Parliament.

This week, the Supreme Court of Canada will hear four appeals, including Rocco Galati's constitutional challenge of Federal Court of Appeal Justice Robert Mainville to the Quebec Court of Appeal, as well as a business appeal that will determine whether patent proceedings can be used to delay expiry.

Nadon was comparably embarrassing, dealing with a unique challenge to the validity of an appointment to the Supreme Court as well as obliquely raising unsettled questions about the constitutional amending formulae as they relate to the Supreme Court itself.

The concern of others is that as an elected House would challenge the Commons more aggressively, this would necessarily require more regular use of the Parliament Acts in the future as the traditional (largely co-operative) relationship between the two Houses adapted to a new constitutional landscape.

Of note was the fact that Ernst had not sought to challenge the constitutionality of section 43 of the ERCA itself; notice of constitutional question had not been given to the Attorneys General of Alberta and Canada, as required by section 24 of the Judicature Act, RSA 2000, c J - 2 (2013 ABQB 537 at para 89).

As Denniston notes, both the majority and concurring opinions suggested that «there remain other potential state constitutional challenges to the measure.»

She recently represented a judicial candidate in which the process used to count ballots was challenged on constitutional bases before a federal district and circuit court, and was the subject of litigation in the Ohio Supreme Court as well.

Because it found the courts lacked jurisdiction to decide the issue, the 1st DCA vacated the trial court's judgment as improperly entered, leaving the constitutional question open for challenge in a later case.

Successful constitutional challenge on behalf of Québec common law spouse for right to support in case known as Lola v. Eric.

The Board refused to consider respondent's constitutional challenge on the ground that, as a quasi-judicial body, it had no authority to pass on the constitutionality of state law.

Placing Quebec and the Crown in historical, sociological and political context as Kennedy so successfully did remains useful, for example, in appreciating a recent constitutional challenge to the federal government brought by two academics from Laval University.

Second, and as noted above, McLachlin C.J. spoke of a possible constitutional challenge to the law of consent on the basis that it may be «unrealistic» in its exclusion of advance consent.

The paper includes sample applications for judicial review and a sample amended notice of constitutional challenge as appendices.

The trial then gets underway with opening statements by attorneys for the plaintiffs (Ted Olson & Therese Stewart) challenging Proposition 8 on federal constitutional grounds and by the attorney for the official proponents of Proposition 8 (Charles Cooper), who intervened to defend its contitutionality (as Defendant - Intervenors).

As Sam Bray argues, it logically requires (or at least permits and encourages) a district court to issue a universal injunction in every constitutional challenge to federal law.

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.

Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times Blog as saying: «This decision is a potential constitutional game changer, going forward, we could see more division of power and jurisdiction - based cases being challenged in the courts.»

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

A Richmond Circuit Court denies a motion to stay proceedings in this Virginia constitutional challenge to a state legislative redistricting plan, as the federal constitutional challenge to the plan pending in federal district court does not involve the same parties...

The convictions were challenged as denying the constitutional rights of the defendants.