Sentences with phrase «as constitutional questions»

The court wrote that the Supreme Court instructed courts in Sattva to only apply a correctness standard on exceptional questions of law, such as constitutional questions, or general questions of law that are of central importance to the legal system as a whole and outside the adjudicator's area of expertise.

As the 80 - minute conversation came to an end, a pro-voucher resolution seemed to have just barely emerged, the outcome turning as much on educational facts as constitutional questions.

But equally significant as the constitutional question is the decision by Wilson's attorney BJ Bernstein to work this case like crazy in the media.

Not exact matches

«I see this as close to a constitutional crisis,» said Robert Peabody, president and CEO of Husky Energy Inc. «The question is «how does this country work?»

Gulati and Rasmussen's paper focuses on this question, arguing that, as a constitutional matter, the United States may not prohibit Puerto Rico from enacting its own bankruptcy - like restructuring process while offering no alternative mechanism.

Although the book is best regarded more as a presentation of the Supreme Court's religious - freedom work than as a direct study of the questions underlying that work» the work of constitutional scholars, for example, is for the most part only referenced, not engaged» it is, nonetheless, recommended.

And so, precisely because the rules of constitutional law create some faint possibility of gaining special consideration, the question the religion must ask itself becomes (to take Needham as our example) not What form of counseling does God require?

More generally, the critical question is whether the constitutional project follows the same course and ends up at the same place as the Babel story.

Both questions draw us back to the central propositions that establish the American constitutional order: that there is an order of rights antecedent to the state and that government is bound, as a condition of its legitimacy, to secure those rights against the predations of those who would deny or abolish them.

They, too, have drunk in the idea that courts, particularly the Supreme Court (upon which more than a few imagine themselves someday serving), are the ultimate protectors of rights and, as such, should have the ultimate say on constitutional questions.

But whether one affirms or questions the appropriateness of separation as a metaphor; whether one looks to the original intent of our constitutional authors and their allies or views the law as an evolving entity; whether one points to establishment or free exercise as the key to American religious liberty, Hamburger's Separation of Church and State is a book destined to ensure that the argument continues.

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.

If that were true, there would have been (as you note) no need to reach the question of the legitimacy of their marriage, and they would not have made it this far in the court system (i. e., 4 postponements from the constitutional court).

Last year the Select Committee for Political and Constitutional Reform published a bulky report with a question as its title: A New Magna Carta?

That raises the question of why someone would go to all that trouble and take all that risk - «unravelling [the] constitutional knitting» as he himself put it - for what he admits is just a gloss on the existing law.

Communist constitutional norms certainly mattered for the Badinter Committee as they formed the basis for its opinions on status questions in former Yugoslavia.

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.

And the responses suggest a growing divide between the nation and its highest court on constitutional questions that have moved to the heart of the American system, as the advent of super PACs and the abandonment of public financing by both parties in presidential elections have enabled wealthy donors, corporations and unions to play a greater role in political fund - raising.

As a result, the party still finds itself straddling two horses on the constitutional question.

Tuesday afternoon saw Cuomo turn away from more immediate concerns, such as the looming end of the state legislative session and the 2017 election that will include a New York City mayoral election and a statewide ballot question of whether to convene a state constitutional convention.

First - unlike the convoluted constitutional ballot measures we see in the voting booth each November, these are going to have to be presented as either one entire batch of changes (almost guaranteed to fail because everybody can find something serious enough to disagree with) or as individual questions for people to affirm or deny.

Beyond this, it is an open question as to whether this initiative mechanism should be limited only to constitutional issues, or rather become an agenda - setting device for generating a citizens» assembly on any broad political issue where the relevant number of signatures can be collected.

But the political parties are playing with fire if they think Lords reform can be ignored, just when other parts of the constitutional jigsaw, such as the Scottish and English questions, are being so radically recast.

The 2017 general election will present voters with a ballot question of whether to hold such a constitutional convention, often referred to as a «ConCon.»

New York State voters decisively rejected a question on the ballot as to whether a constitutional convention should be held, a proposal that stirred intense opposition among various interest groups.

According to a press release sent out earlier today by Davis, the state Board decided on Sept. 15 to advise county boards of elections that both sides of the ballot should contain text and a graphic, such as an arrow, that highlight to voters the need to turn the ballot over to locate the constitutional convention question.

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.

A good response as to the constitutional methods of lawmaking in the US, but we also should address the deeper part of the question, as to why US citizens don't vote for an equitable redistribution of wealth.

He noted, for example, that the other four constitutional questions to be put to voters on the November ballot don't read as advocacy to persuade voters.

His planned speech comes as Ed Miliband prepares for the Labour party conference, where he is expected to face questions over the timetable for constitutional reform.

Casale isn't the only Republican to point to organized labor's efforts, driven in part by the constitutional - convention question, as a possible cause for the GOP's poor showing.

OurKingdom continually covers the shaping constitutional and democratic implications of the UK's national question, but this was a moment for a dedicated high intensity debate, as we welcomed «The Scottish Spring».

It avoided the questions of constitutionality of regulating intrastate commerce (as - is, federal law would have had constitutional difficulties with alcohol bans in - state in the states that didn't pass state prohibition laws)

So my answer is: There isn't a consensus amongst constitutional scholars as otherwise this question wouldn't be arising both on the Internet and in Washington *.

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.

@Bobson but we have lots of questions about basic constitutional issues such as this.

The Lib Dems and the SNP are both wrestling with constitutional questions, as Vince Cable seeks support for EURef2.

Can we park the constitutional question and reach consensus on a shared future for Northern Ireland itself; and in so doing agree a programme for government which addresses here and - now socio / economic realities, as opposed to each side merely identifying and promoting their own agenda and self interests?

As former Court of Appeal judge Sir Stephen Sedley noted last year, he described «a statutory surveillance scheme shrouded in secrecy, part of a growing constitutional model that raises the question as to whether the tripartite separation of powers, legislature, judicial and executive still holds good&raquAs former Court of Appeal judge Sir Stephen Sedley noted last year, he described «a statutory surveillance scheme shrouded in secrecy, part of a growing constitutional model that raises the question as to whether the tripartite separation of powers, legislature, judicial and executive still holds good&raquas to whether the tripartite separation of powers, legislature, judicial and executive still holds good»

«While acknowledging the potential negatives of such a convention — e.g., the risk of amendments being approved that would weaken the home rule authority of local governments — the Executive Committee viewed the opportunity to strengthen the position of municipalities in New York's governmental structure as more important and voted to approve NYCOM's support of a «Yes» vote on the constitutional convention question facing New York voters this November, with the additional stipulation that municipal officials would need to run for and be elected as delegates to the convention if our intended outcomes are to be achieved,» the guide states

Democratic Gov. Andrew Cuomo announced Wednesday that he would direct the Governor's Traffic Safety Committee to examine the technology, as well as the privacy and constitutional questions it could raise.

It should be noted that the «thaw without transfer» provision for non-transferred embryos permitted in the UK can not be easily adopted in Ireland, due Medical Council guidelines and the unresolved question of Constitutional protection of the unborn as contained in Article 40.3.3.

Nor did the Court duck the constitutional question altogether, as Justice Stephen Breyer wished.

«Declaring education to be an implicit fundamental right would raise difficult constitutional questions about other essentials such as food, shelter, and health care,» say Lindseth, Testani, and Peifer, as well as questions about the adequacy of school funding levels about which education researchers do not agree.

Declaring education to be an implicit fundamental right would raise difficult constitutional questions about essentials such as food, shelter, and health care — none of which are mentioned in the federal 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.

As the Martin Act is rarely used, Constitutional scholars have questioned both its validity and its Constitutionality.

Since last year, lawyers for the defendants from various governmental organizations have attempted to get the case dismissed on various grounds, including the question of whether minors can defend their constitutional rights like adults, as well as asserting that climate change is not caused by humans.

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.

The first and most important thing to reiterate is that the CJEU could not act as the final constitutional arbiter of the question in the case of whether the UK government may use the royal prerogative to give notice under Article 50 TEU.