Sentences with phrase «constitutional authorities of»

The paper examines the notion of constitutional identity in Italy, with the aim to question whether the highest constitutional authorities of the Italian state have identified a core or fundamental elements of the Constitution...

The paper examines the notion of constitutional identity in Italy, with the aim to question whether the highest constitutional authorities of the Italian state have identified a core or fundamental elements of the Constitution which define its individuality.

The Democrats, who now derive their power from this formal situation and rely on officials chosen in elections conducted two and four years ago, will emphasize the constitutional authority of the offices.

That decision was constitutionally incorrect, they insisted, and amounted to a federal court's usurpation of the constitutional authority of the states.

Did the Justices not read into the due process clause of the Fourteenth Amendment a «right to freedom of contract» in whose name they frustrated the legislative will and usurped the constitutional authority of the elected representatives of the people?

The organization works with ALEC to write and promote education reform policies such as school grades, mandatory grad retention, high stakes testing, unmitigated charter growth, corporate tax scholarships, competency based education, personal learning accounts, virtual learning, tying student test scores to teacher evaluations, weakening teachers unions and attacking the constitutional authority of school boards.

«The Court of Appeals decision undermines the constitutional authority of the legislature to craft education policy.

Fast Track is a danger because it would delegate the constitutional authority of Congress to make trade policy to a U.S. Trade Representative who, by background and mindset, responds to financiers and corporate chieftains rather than ordinary people.

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

Not exact matches

Now, Warner says, «there's a newer group of scholars and lawyers advancing the principle that no American president — and particularly not this American president — has that constitutional authority to trigger a withdrawal from NAFTA.»

That said, the vast majority of British Columbians — including one - third who currently oppose the project — say a court ruling that its provincial government does not have the constitutional authority to block the project would be enough to give in and allow the pipeline to be twinned.

B.C. Environment Minister George Heyman announced Wednesday that his government would file a reference case with the B.C. Court of Appeal by the end of the month to test whether the province has the constitutional authority to limit imports of diluted bitumen from Alberta.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.

I opened this piece by suggesting that this was a much larger step outside of provincial constitutional authority than Premier Horgan's efforts to stop TransMountain.

The U.S. government officials are also accused of exceeding their constitutional authority.

As a matter of constitutional law, the federal government has ample authority in this area.

Hidden under the idea that we should choose to ignore some portions of the Constitution, is the other idea that there should be an informal Higher Constitutional Moral Authority that will tell the rest of us when we should ignore and when we should obey this or that provision of the Constitution.

This would certainly seem to be effective to confer an immunity on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings of a particular provision?

The higher post-constitutional authority would be an amorphous group whose members would include the New York Tim es Editorial Board, The primetime hosts of MSNBC and whatever list of academics the Democratic party could scrape together to sign petitions in favor of why we should contemptuously ignore / slavishly obey constitutional provision X.

In contrast, «cultural relativism,» which Professor Arkes equates with legal positivism, holds that there are «no moral truths which hold their validity across cultures... [So that statutes or constitutional provisions] have the standing of law only because they are «posited» or set down by the authorities in any country.»

Some of my Episcopal friends tell me that episcopacy is not a name for a particular kind of church constitution (as Presbyterians might suppose), but rather an understanding of representative authority and responsibility in ministry vested in a college of «sacramental persons» — an understanding compatible with a wide range of constitutional theories and structures.

Philadelphia minister David Jones finessed the apostles» admonition to submit to authority into commands to obey «the just, the good, the wholesome and constitutional laws of the land,» not tyrants.

In Roe v. Wade and related decisions, the Supreme Court has gambled its authority, and with it our constitutional order, by coming down on one side of this great conflict.

Few believers are likely to pledge their allegiance to a government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the Constitution» can systematically close off any form of political opposition by declaring it to betray the «inevitable inference» of animus.

If the aim of the Antichiist's forces is to displace constitutional authority, the theory goes, it must do so by stealth and subterfuge.

Therefore, they contended that a lower federal court in Little Rock had no constitutional authority to order the desegregation of public schools in Arkansas on the basis of the Brown decision.

Although the power of Congress to forbid slavery in federal territories was well - established, Sandford argued that slaves were private property of the sort protected by the Constitution against deprivation without due process of law, and that therefore Congress lacked any constitutional authority to ban slavery in the territories.

Either right - minded citizens will have to disobey orders or perhaps relinquish offices of public authority, or the new constitutional rulers will have to be challenged and reformed.

Responsibility, accountability, and clear statements of authority in decision - making are essential for integrity of constitutional and operational mandates.

the gradual weakening of the doctrine of Parliamentary sovereignty as the universally accepted agent of all constitutional authority.

Of course, this is an important national security case with immense legal or constitutional implications which, we believe, should have been allowed the three deported South African mercenaries to enjoy some form of habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authoritOf course, this is an important national security case with immense legal or constitutional implications which, we believe, should have been allowed the three deported South African mercenaries to enjoy some form of habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authoritof habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authoritof Investigations (BNI)'s proof of authoritof authority.

The most vocal challenge to BiH's constitutional and territorial integrity remains the President of Republika Srpska (RS), Milorad Dodik, who is calling a referendum to challenge the authority of the state judiciary and the OHR.

Or are you asking if the federal authorities can do it at all, from a constitutional point of view?

As neither Taylor nor Fillmore had taken the oath of office on March 4, some historians and Constitutional scholars have argued that neither of them had any legal authority as President in the interim until they did.

Under standard UK constitutional practice, the transfer of governing authority to a new prime minister is normally mercilessly swift and clear.

The six candidates were generally in agreement that the Republican - led Senate should try to block any nomination by Mr. Obama to replace Justice Scalia, although some of them acknowledged that if they were president, they would act on their constitutional authority to try to fill the vacancy.

The Court, in a judgment on a suit with reference number FHC / L / CS / 1098/07 filed by fishermen operating in Eti - Osa Local Government Area of the State, held that the National Inland Waterways Authority (NIWA) lacked the Constitutional power to regulate inland waterways within the State.

He carried this bad habit of usurping the Attorney - General's functions into his Presidency which I resisted as the Attorney - General with all the constitutional authority at my disposal and proved in the Supreme Court decisions in the Attorney - General, Waterville & Woyome case, and the Attorney - General, Isofoton & Forson case which the White Paper also tries again to bastardize.

The suit concludes that a «dispute exists» over the governor's constitutional authority to force the Legislature to pass non-revenue items in a revenue bill and this «requires a judicial determination of the score of non-apportionment or non-revenue lanuague in Article VII bills.»

Cuomo asserted he had the constitutional authority to do so, but nevertheless had met with lawyers who argued the Pataki v. Silver case on behalf of the governor.

Citizens insist on fidelity to the Constitution, which is the basis of every constitutional authority and power exercised.

There is truth in the contention that the celebration has the propensity of sending wrong signals to the youth of this country that the overthrow of the constitutional order by means of a coup d' etat is glorious, and incites and excites disorder to institutional settlement, and a disrespect to constitutional authority,»

The letter requested that Judge DiFiore use her constitutional authority to protect the civil rights of immigrants and uphold the sanctity of New York's courts.

While the governor of New York has the constitutional authority to veto legislation passed by the state legislature, this shows that power isn't absolute.

Under Supreme Court constitutional interpretation, since individual states never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth Amendment.

However, during the interview, Mr. Cuomo placed a heavy emphasis on the legislature's legal authority to draw the lines and stressed the need for a constitutional amendment that would likely not take effect until the next round of redistricting, in 2022.

«It is my view therefore that, it is the CHRAJ that is the institution vested with the exclusive constitutional authority to deal with all relevant matters relating to breach of code of conduct of public officers including this matter on the receipt of the Ford expedition vehicle.

A constitutional authority board (willofthepeople.agency) claims a people - initiated recall took place according to George Washington's process and can not include the states» process because that is a conflict of powers.

«The plain reading of the Constitutional text contemplates the authority of an «other body» which could submit a plan for legislative action.

Constitutional experts say it is possible for Brown to hang on even if Labour has failed to win the most seats, but it is likely that his lack of moral authority, media pressure and public opinion would make this difficult.