In such circumstances, it is entirely appropriate that those powers should be time - limited in nature, such that subsequent legal surgery upon retained EU law will (absent the conferral of fresh delegated powers) need to be performed
by primary legislation.
Both can be modified
by primary legislation and by delegated legislation made under Henry VIII clauses — i.e. those clauses which enable delegated legislation to override primary legislation.
Many argued that the 10 % uplift in general damages should be dealt with
by primary legislation, but decisions were made to make these a common law development.
Recoverability was introduced
by primary legislation — the Access to Justice Act 1999.
Reducing scrutiny of delegated legislation might «encourage the Government to draft delegated powers [conferred
by primary legislation] as broadly as possible, so that secondary legislation could [then] be used to pass measures which might otherwise face greater opposition in the Lords as primary legislation».
A royal charter supported
by primary legislation seems the most likely outcome - but this one is far, far too close to call.
Indeed, its 2011 white paper proposed regulatory change supported
by primary legislation.
Not exact matches
Party member Hong said that they had based the bill on research conducted between his office and the Korea International Trade Association (KITA) and reiterated that last years» government concerns could be addressed
by more clarity: «The
primary goal (of the
legislation) is helping remove uncertainties facing blockchain - related businesses.»
One of their
primary goals is to upgrade the quality of foster parent care
by seeing that those who undertake the challenging, and sometimes emotionally painful, occupation of foster parenthood are adequately rewarded and that corporately they have enough political clout to help shape
legislation beneficial to both the children involved and the men and women who are willing to care for them.
We believe people with disabilities will be the
primary people affected
by this
legislation and we've got years of evidence to support that.»
The essential constitutional question raised
by the Bill concerns the extent to which the Government,
by causing the enactment of
primary legislation, should be able to shield its decisions from judicial scrutiny.
Proponents of the
legislation say it will save the state $ 50 million if enacted
by having
primary elections for Congress, U.S. Senate and state offices on the same day.
Instead, the government has made this kind of adjustment very difficult
by putting precise commitments and schedules on the face of
primary legislation.
UPDATE2: Several WFP types noted a few other wins over the past year that I overlooked, including the ouster of former Senate Majority Leader Pedro Espada Jr.
by Gustavo Rivera in a Democratic
primary and the passage of so - called «Green Jobs»
legislation.
The government's recently published response to the CJC report concluded that collective actions should be considered and introduced, through
primary legislation, on a sector
by sector basis.
The 1949, 1958 and 1979 Acts were repealed
by the Parliamentary Constituencies Act 1986, which remains the current
primary legislation governing allocation of constituencies.
I'm proud to introduce this common - sense
legislation that will empower New Yorkers to fulfill their civic duty
by making voting on
primary days easier and more accessible for our working families,» Treyger said in a statement.
Such changes would require
primary legislation however and with parliament blocked up
by Brexit the EHRC might have to bide its time, Isaac concedes.
It is well - known that the status of retained EU law post Brexit was originally left undefined
by the European Union (Withdrawal) Bill, save that it is classified as
primary legislation... Continue reading →
Ministers have given verbal assurances that the bill's powers, which would allow them to make orders to change
primary legislation in all but a few specific instances, would not be used to change major laws such as the right to trial
by jury.
«Our main conclusion is that constitutional change, particularly, should be made only
by parliament through
primary legislation, not ministers using delegated powers,» said Lord Holme, the chairman of the committee.
Also at 10 a.m., Tonko calls on the U.S. Senate to pass
legislation to save money
by exempting fire hydrants from EPA lead regulations in
primary sources of drinking water, Latham Water Garage, 347 Old Niskayuna Road, Latham.
The power could be speedily triggered
by a ministerial order after the study was completed without the need for any further
primary legislation.
De Blasio distinguished himself from his opponents in last year's Democratic mayoral
primary by highlighting his support for police reform, and in particular for
legislation that exposed police officers to state lawsuits for alleged bias - based stops, and created the office of NYPD inspector general.
State Assemblyman Michael Miller (D - Woodhaven) said an attack launched against him
by a supporter of his
primary opponent, Nick Comaianni, on a sex offender bill he sponsored was full of inaccuracies and denied claims that the
legislation was watered down due to concerns from special interest groups.
At a forum hosted
by the Greater Syracuse Labor Council, AFL - CIO in Syracuse Wednesday, the three candidates running in the Democratic
primary for New York's 24th Congressional District said the strength of labor unions have been decimated in recent decades and argued for tougher federal
legislation to protect them and other domestic jobs.
According to independent legal advice given to the Welsh Liberal Democrats, as neither the Welsh Ministers nor the Secretary of State has the power to change that formula, implementing the rate relief recommendations would require
primary legislation either
by way of an Act of the Assembly or an Act of Parliament.
So, churches could be safeguarded
by clear and unequivocal
primary legislation.
Hosts would have to report whether they are renting their entire home or just a room and whether it is their
primary residence, according to details shared with POLITICO
by several people with knowledge of the
legislation.
He spent eight years on the Senate Armed Services Committee and authored successful
legislation addressing threats posed
by Syria and Iran - points he makes regularly as he travels to early
primary states and meets with party activists.
(CNN)-- Even though his upstart Democratic
primary challenge to incumbent Sen. Blanche Lincoln has been powered
by union support, Arkansas Lt. Gov. Bill Halter was coy Sunday when asked about his union backing and the Employee Free Choice Act (or «card check» bill), a piece of
legislation backed
by some of the country's largest and most influential unions.
We call upon the Government to look at the conclusions on extradition already reached
by the Joint Committee on Human Rights, and to commit itself to
primary legislation in the Queen's Speech.
Whatever might be the deficiencies of the process
by which Parliament scrutinises
primary legislation, it is undeniable that the extent and depth of the scrutiny that such
legislation attracts vastly outstrips the scrutiny that secondary
legislation receives.
That's why we like the
legislation proposed
by Assemblyman Fred Thiele Jr. that would allow an open
primary system, so all New Yorkers can vote.
In the light of that, requiring the Government and the House of Commons to override the Lords
by means of enacting
primary legislation under the Parliament Acts seems entirely fitting and proportionate, not least because such a course of action would ensure that the disputed provisions would receive an appropriate degree of scrutiny
by means of their inclusion on the face of a Bill.
Whereas the Parliament Acts enable the Lords to hold up
primary legislation for one year, the Strathclyde Review proposes no fixed period of delay in relation to statutory instruments rejected
by the Lords.
The Committee concludes that the Strathclyde Review does not provide a «sufficient basis for changing how Parliament holds the Executive to account»; that «both Houses of Parliament... need to play an active role in considering how powers should be delegated appropriately in
primary legislation, how those powers should be exercised
by Government and the way in which both Houses scrutinise and approve delegated
legislation»; and that «[t] he use and scrutiny of delegated
legislation is at the heart of the delicate balance of power between Parliament and the Executive».
(In one respect, however, the Lords» powers in relation to statutory instruments will be even more limited than their powers in respect of
primary legislation: whereas the Parliament Acts enable the Lords to hold up
primary legislation for one year, Strathclyde proposes no fixed period of delay in relation to statutory instruments rejected
by the Lords.)
It is, for instance, possible to imagine circumstances in which a subsequent «review» proposed bringing the Lords» powers in relation to
primary legislation into line with their newly limited powers in respect of secondary
legislation,
by replacing the one - year delay power in the Parliament Acts with a power to object to Bills that could be immediately overridden
by the Commons.
Primary legislation (the statutes enacted
by sovereign legislatures, such as the British Parliament) provides a framework which is complemented
by secondary law, in the form of rules drafted
by government agencies and court rulings which establish legal precedents.
In subsequent even - numbered years, New York's non-presidential federal
primary date shall be the fourth Tuesday of June, unless and until New York enacts
legislation resetting the non-presidential federal
primary election for a date that complies fully with all UOCAVA requirements, and is approved
by this court.»
The Education (Scotland) Bill has been passed
by Scottish Government, including new
legislation for national testing in literacy and numeracy at
primary and secondary level.
Hence, there is a need to evaluate the existing educational scheme with special reference to
primary education developed through
legislations in Kolkata Metropolis and suggest schemes supported
by law for the benefit of students with disabilities.
The guidance is being updated after
legislation was passed
by Parliament earlier this year to make relationships education compulsory in all
primary schools and Relationships and Sex education compulsory in all secondary schools.
The justices of the Massachusetts Supreme Court opined that proposed
legislation that would provide tax deductions for certain educational expenses (tuition, textbooks and transportation) incurred
by taxpayers whose dependents attended public or nonprofit private
primary and secondary schools would violate Massachusetts» Blaine Amendment.
In the wake of District Judge John Dietz's ruling that the current system is in violation of the Texas Constitution, the scramble is once again underway to fix the problem politically, while awaiting the inevitable appeal of the decision
by the State to the Texas Supreme Court.The
primary issues remain those of «equity» and «adequacy», as those are vaguely defined
by the Constitution, amplified
by the Edgewood vs. Kirby decisions and subsequent
legislation.
«However, many contacts indicated that new
legislation passed
by Congress could discourage homeownership, as shrinking the cap on the mortgage interest deduction for
primary homes and the loss of most deductions for interest on home equity loans will increase costs for most property owners.»
«I believe it's unlikely we'll get it this year, but
by the end of next year, either Congress passes that
legislation, or it risks becoming irrelevant to this debate and having EPA become the
primary drafter of our climate policy,» he said.
«since the approximation of the
legislation of Member States in the field concerned has already been largely achieved
by Directive 98/84, the
primary objective of the Convention is not to improve the functioning of the internal market, but to extend legal protection of the relevant services beyond the territory of the European Union and thereby to promote international trade in those services.»
A number of such laws are enshrined in
primary legislation (acts of Parliament such as the Equality Act 2010) and secondary
legislation (additional laws implemented
by government ministers without the need to be passed
by Parliament).