Sentences with phrase «as the constitutional rule»

Not exact matches

Such Constitutional protections have ensured that federal programs such as Medicare, the Veteran Administration's TRICARE system (which provides benefits for active duty members of the military and their families), and the Emergency Medical Treatment and Active Labor Act (EMTALA) apply the same rules to everyone they cover.

In December, the Yukon appeal court sided with the Ross River Dena Council that existing free - entry staking rules conflicted with the constitutional duty to consult aboriginal groups with outstanding land claims, in this case to an area known as the Kaska.

The Supreme Court has ruled that the use of race in college admissions is constitutional, so long as explicit «quotas» aren't used.

As Compton carefully explains, the court's rulings on moral reform did not lead directly to the New Deal decisions that dealt the final blow to constitutional limitations on federal power.

«The Greens do have such rights,» Heaton's ruling stated, «but are unlikely to prevail as to their constitutional claims because the preventive care coverage regulations... are neutral laws of general applicability which are rationally related to a legitimate governmental objective.»

A judge ruled that California's voter - approved ban on same - sex marriage, known as Proposition 8, violated the constitutional rights of same - sex couples.

Among these layers are a variety of tax rules, which encourage religions to reshape themselves so as to be eligible for tax benefits, and the recent legislative efforts, certainly constitutional but perhaps of dubious value to religion, to allow religious groups to share in the rather substantial largesse of the programmatic side of the welfare state.

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?

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

As a politician, when the country was again returning to constitutional rule in 1992, the former Presidential Guard and others formed the People's National Convention (PNC) with Dr Limann again as the presidential candidatAs a politician, when the country was again returning to constitutional rule in 1992, the former Presidential Guard and others formed the People's National Convention (PNC) with Dr Limann again as the presidential candidatas the presidential candidate.

While, as the court ruled, the federal government has no power to force someone to engage in commerce, due to the lack of an enumerated constitutional power allowing it to do so, this limitation applies only to the federal government.

@Stuart White: The Cabinet Office rule - book (draft of chapter 6, approved by the House of Commons Select Committee on Justice and drawn up in consultation, I understand, with the party leaders and with constitutional experts) lays it down that after an election the incumbent prime minister has a duty, as well as a right, to remain in office until there's clear and incontrovertible evidence that someone else is definitely in a position to command majority support in the house of commons.

SNP Westminster leader Angus Robertson said: «Today of all days we are reminded, notwithstanding our differences on political and constitutional issues, we are as one in our dedication to democracy, rule of law and harmony between people of all faiths and none.»

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.

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).

In building up his own Momentum organisation and trying to amend the constitutional rules of the Labour party to favour the Left, Corbyn has sought to «make the weather» as leader rather than accepting the structural context he inherited.

The Volta Region is widely known as the world bank of the ruling National Democratic Congress since inception of 1992 constitutional democracy.

But as that ratio begins to void other obligations of the government, some of which are likely grounded in constitutional terms as strong or stronger than Section 4, Article 14, it may result in a reinterpretation of Section 4, Article 14 moving away from the Perry vs United States ruling.

Donald Trump is taking his time in responding to Whole Woman's Health v. Hellerstedt, which constitutional scholars describe as the most significant U.S. Supreme Court abortion ruling in a decade.

As a result of a 2006 lawsuit known as the Campaign for Fiscal Equity, the Court of Appeals, New York's highest court, ruled the state education department was not adequately funding its schools, thus violating students» constitutional right to a sound, basic educatioAs a result of a 2006 lawsuit known as the Campaign for Fiscal Equity, the Court of Appeals, New York's highest court, ruled the state education department was not adequately funding its schools, thus violating students» constitutional right to a sound, basic educatioas the Campaign for Fiscal Equity, the Court of Appeals, New York's highest court, ruled the state education department was not adequately funding its schools, thus violating students» constitutional right to a sound, basic education.

«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

Under the constitutional rules governing protocol in the event of a hung parliament, Brown, as the sitting Prime Minister, would remain in office until a new government could be formed, a process which could continue without resolution until the State Opening of Parliament, which was scheduled for 25 May.

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.

The public relations firms» suit claims the rules violate the First Amendment as well as constitutional due - process protections «by unlawfully subjecting public relations firms like the plaintiffs to a disclosure and punishment regime designed for true lobbyists, when all they are doing is speaking to the press about public issues.

In his 2016 message, Cuomo expressed support for a constitutional convention because, as he said, «From ethics enforcement to the basic rules governing day - to - day business in Albany, the process of government in New York state is broken.»

It provided a wide - ranging, balanced analysis of the constitutional issues facing the state, a focused action program in such key areas as education, budgeting and home rule, and the basis for proposed legislation to modify the revision process itself.

(Justice Antonin Scalia and Justice Clarence Thomas filed a separate decision because they disagreed with the other six justices» refusal to rule out the existence of a constitutional right not to have the government reveal personal information, known as «informational privacy.»

In the 1977 Abood decision, the Supreme Court ruled that agency fees were constitutional — so long as those fees were not used by unions for political purposes.

However, he affirmed the district - court ruling that teachers and aides repeatedly bringing the child to a closed - door «timeout room,» as well as alleged instances of physical abuse at school, did not rise to constitutional violations because they did not «shock the conscience.»

But however the case is resolved, it serves as an important reminder of the importance of state - specific constitutional language and precedents, the considerable degree of variation in legal rules in our 50 - state federal system, and the continuing power of the local control idea in education law.

Congress exceeded its constitutional authority when it amended the federal Age Discrimination in Employment Act of 1967 to cover states and their political subdivisions, such as cities and school districts, the U.S. Supreme Court ruled last week.

According to their research, the rule of law as embodied in nations such as Canada, South Africa and the United States requires that all laws be subject to assessment for their compliance with constitutional norms.

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).

To use words of Alexy, «constitutional rights norms are considered as ruled that are applicable, in essence, without balancing.»

As The Wichita Eagle explains, the suit was filed by four school districts but the ruling applies to all of Kansas» public schools: «The districts claimed the state had failed in its constitutional duty to provide «suitable» funding for public education on two counts: Ensuring adequate state funding overall, and equitably distributing it among districts.»

Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs of a school district, including fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.

Sixty years after Brown v. Board of Education ruled that separate was inherently unequal and put an end to dejure segregation, many students of color — particularly black, Hispanic, and some Asian American and Pacific Islander students — still have to fight for their constitutional right to a high - quality public education in what has emerged as a system of de facto school segregation.

In 2014, the State Supreme Court of South Carolina ruled that the state was failing to provide the poorest districts — known as the state's «corridor of shame» — with enough funding to meet the constitutional standard of a «minimally adequate education.»

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.

To do otherwise would subject the board to constitutional claims, because people have the right to equal protection of the laws from governmental agencies, such as boards of education... A written policy can be invaluable in such situations to guide administrators and to inform parents as to what the rules are.»

As a result, the court of appeals» ruling stands, which found that the accounts are constitutional in Arizona.

We certainly need to make sure that we are on sound constitutional footing, and especially whether the reforms passed over the last several years will satisfy the constitutional tests as decided in this ruling.»

Now, technically, a negative liability to the Treasury would mean that the Treasury owes the Fed money, which would be, well, a fraudulent claim, and certainly not a budget item approved by Congress, but we've established in recent quarters that nobody cares about misleading balance sheets, Constitutional prerogative, or the rule of law as long as speculators can get a rally going, so I'll leave it at that.

Federal Judge Nina Gershon ruled in favor of the Brooklyn Museum, and wrote,» There is no federal constitutional issue more grave than the effort by government officials to censor works of expression and to threaten the vitality of a major cultural institution as punishment for failing to abide by governmental demands for orthodoxy.»

He saw democracy and Constitutional rule as the only way to preserve personal liberty, encourage prosperity and initiative and «afford the best means possible to elevate our race» — by which he meant, the human race.

He was paid by Peabody Energy «to provide an independent analysis of the proposed EPA rule as a scholar of constitutional law».

The tension between the Constitutional limitations and the broad RCW touches on what legal experts refer to as Dillon's Rule vs. Home rule, referring to the ongoing tug of war between city and state authorRule vs. Home rule, referring to the ongoing tug of war between city and state authorrule, referring to the ongoing tug of war between city and state authority.

«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.

The government lawyer's role as constitutional, as agents of the Attorney General, and guardians of the rule of law demonstrate how superb the role is.

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.»