Sentences with phrase «constitutional analysis of»

This renders Duarte of limited jurisprudential assistance, and an up - to - date constitutional analysis of section 365 may be required.

Now, the amendments introduced by Bill C - 36 are significant, and even go so far as to change the aims of the new prohibitions to discourage «the exploitation that is inherent in prostitution» — this with a view perhaps to affecting the constitutional analysis of the new prohibitions.

While similar publications have focused on a constitutional analysis of the Eurozone crisis itself, this book is more dedicated to the effects the crisis had on the existing structure of the Economic and Monetary Union (EMU) and the EU.

I would be particularly interested in the constitutional analysis of how a gentle reminder is anything but minimally impairing of any supposedly infringed rights.

Not exact matches

Matthew Levering's analysis suffers from a fundamental flaw but one that has its intellectual origins in longstanding American constitutional battles and thus has become so completely ingrained in the modern American psyche that it seems part of the natural order of things: Where there is a difference between two classes, there must, ipso facto, exist a hierarchy between them.

I'm not in the business of political analysis, but I really don't think the choice was between being a banana republic and a constitutional democracy.

He held that «the religious nature of the recipient should not matter to the constitutional analysis, so long as the recipient adequately furthers the government's secular purpose.»

Mahoney's analysis shows Solzhenitsyn to be a Burkean «style admirer of constitutional mon archy that gradually evolves toward ordered liberty while preserving his nation's distinctive traditions.

DiNapoli's office released its analysis of Cuomo's $ 154 billion spending plan that found New York's debt load is within $ 189 million of the constitutional debt cap.

Commenters on a first draft of this post have said that the foregoing analysis understates the instability of the status quo, and the relevance of this, the public or the Tories notwithstanding, for what the Political and Constitutional Committee has undertaken.

For an analysis of the defeat, including links to relevant news articles, see Snider, J.H., Post-Mortem: New York's Nov. 7, 2017 Referendum To Call A Constitutional Convention, November 8, 2017.

There will be further trouble ahead, too: analysis of our interview with constitutional reform minister Mark Harper showed that Lords reform looks as unlikely as ever.

These comments were based on his September 1, 2005, analysis of the budget reform constitutional amendments.

CONCLUSION In the final analyses, the Supreme Court reaffirmed the right to vote of the citizen (in the second order it made) and reaffirmed the constitutional independence of the EC (in the first order it made).

This book analyses the significance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing.

The body in question, the Political and Constitutional Reform Select Committee, had previously produced penetrating reports on English devolution, the need for a Constitutional Convention, Parliamentary boundaries, the future for Scotland, improving the legislative process, voter disengagement, the gagging bill, etc. — enough critical analysis for a domineering Conservative majority to want to get rid of it.

However, it is important to point out that on a careful analysis of the European Scrutiny Committee report, the line taken should be that the Reform Treaty «produces an effect which is substantially equivalent to the Constitutional Treaty.»

The NYPIRG analysis also found that the number of constitutional amendments has increased.

He takes us from the analysis of largely non-justiciable constitutional provisions on socio - economic rights, through the commendable array of legislation in the field, to Nigeria's acceptance and ratification of international and regional standards such as the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples» Rights.

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.

About Blog Through an analysis of some of our important constitutional cases, past and present, I seek to engage with the set of diverse political and philosophical values that underlies the text of the Constitution, and has informed its interpretation over the years.

The latter is summarized in an early analysis by Martin Luther King Jr. (David Oyelowo, giving a performance that encapsulates the spirit of that great man), tying together the lack of justice for African Americans in the courts with the Constitutional right to vote, hindered by Jim Crow laws.

Vote Against Both: Initiative 42 and Initiative 42A Analysis September 10, 2015 by Grant Callen This week, the State Board of Election Commissioners released the official ballot for the November general elections, including two proposed Constitutional amendments, Initiative 42 and Alternative 42A.

A Science - Based Analysis of H.R. 38 § 926D and S.B. 446 (115th Congress, 1st Session): Title I — Constitutional Concealed Carry Reciprocity Act of 2017 (NPSC Publication Link)

If the analysis of the supporters of SB 865 were correct, there would have been no legal basis for any of the breed - specific law victories in appellate courts; not one would have survived constitutional scrutiny.

Similarly, revoking the CPP was portrayed as a victory for constitutional actions on the basis of the Clean Air Act and accurate benefit - cost analysis, not anti-alarmism.

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

The nuanced complexity of video games has resulted in an inconsistent application of legal principles drawn from multiple fields, including Intellectual Property Law, Constitutional Law, and Business Law.Loading Law launched in October 2013 with the purpose of providing both current and practical analysis of developing legal issues in video games.»

I look forward to a serious analysis of constitutional law issues and intend to do my part correcting distortions as various critics and proponents tear into his record.»

The ECJ benefits from the assistance of internal legal services, dealing also with comparative constitutional analysis, thanks to which it should be able to assure that its rulings and their motives address convincingly and preventively potential reservations that different European legal systems may have.

Should not any serious autonomy analysis be based on the rule of law realities of the internal market rather than on constitutional rhetoric?First step would be to acknowledge that the Court or EU law can not wipe away the various rule of law problems?

Of course, none of them have actually provided the constitutional analysis demonstrating why this is so, or how it could not be saved by s. Of course, none of them have actually provided the constitutional analysis demonstrating why this is so, or how it could not be saved by s. of them have actually provided the constitutional analysis demonstrating why this is so, or how it could not be saved by s. 1.

The fourth chapter analyses the constitutional bench, i.e. such factors as appointment procedures, numbers of judges, eligibility requirements to become a constitutional judge or tenure.

Stated differently, the Supreme Court is not free to accept without analysis the conclusions that state courts and state law proclaim with respect to the boundaries of property rights or the limitations thereof when the decision on those questions implicates or undercuts important federal constitutional issues.

There are now a number of high quality academic blogs that offer case or issues analysis sometimes within days (or hours) of a major constitutional decision being handed down.

Unless comparative research techniques and comparative analysis achieve greater prominence in American legal education, advocates will lack the skills that are needed to make sophisticated and effective comparative constitutional arguments, and the role of comparative precedent will remain largely cosmetic.

With significant change in legal education, the forces of globalization and constitutional convergence, as well as the growing sophistication of foreign constitutional law, promise both greater and more effective use of comparative constitutional analysis in the future.

Fans of interpretation — especially constitutional construction — will enjoy the extended analysis in «The Recess Appointments Clause (Part 1)» by Neal Goldfarb on his blog LAWnLinguistics (Not about the linguistics of lawns).

His book, Engaging with Social Rights: Participation, Procedure and Democracy in South Africa's Second - Wave (forthcoming Cambridge 2016) provides a comprehensive analysis of the South African Constitutional Court's social rights decisions.

We have been retained by state and local legislative bodies to provide analysis of constitutional questions presented to them.

In his analysis of the ruling at SCOTUSblog, Lyle Denniston says the case «raises significant new questions about how sturdy the «exclusionary rule» is as a remedy for constitutional violations by police» and suggests «new doubt about the continuing validity of the «knock - and - announce» rule.»

Chris Bryden & Michael Salter salute a masterpiece of judicial analysis of the constitutional right of access to justice

For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

One huge and very practical flaw of originalism, one commentator I read many years ago said, is that it reduces judicial analysis and constitutional and stautory interpretation to an excercise in historical and philological exegesis.

Furthermore, the Court did not undertake the usual steps in a constitutional analysis, i.e. by reviewing whether section 43 breached any of Ernst's Charter rights, and if so, whether it could be upheld as a reasonable limit on those rights under section 1 of the Charter.

In R. v. Smith, [1987] 1 S.C.R. 1045 the Court had held that a challenge to the constitutional validity of a mandatory minimum sentence requires a twofold analysis: (a) the court must first determine what constitutes a proportionate sentence for the particular offence; and, (b) the court must then determine whether the mandatory minimum sentence requires that a sentence be imposed that is grossly disproportionate.

NEW: Law profs Steven Schwinn and Ruthann Robson provide same - day coverage and analysis of the most newsworthy constitutional law cases at the U.S. Supreme Court, U.S. Court of Appeals and state supreme court levels.

The case drew even more attention because of the role of history and historians in the litigation: elements of the pro-free trade argument entailed an originalist analysis, a technique which is often a tool of social conservatives seeking to squash rights for women, LGBT people, and others, and very uncommon in Canadian constitutional cases.

In the arrest and search contexts, the constitutional analysis may thus have a more direct impact on the outcome where the recording is made by a person who is not the originator or recipient of the communication.

Although the First Amendment analysis could resolve the overarching constitutional question under s. 2 (b) of the Charter that protects freedom of expression and media communication, specific provisions of wiretap law, governed in Canada by Part VI of the Criminal Code, would also have to be considered.