Sentences with phrase «constitutional authority as»

Not exact matches

Spain's constitutional crisis seems set to rumble on, as the central government looks to re-assert its authority over Catalonia.

But, Alberta does not have the constitutional authority, at least so far as I can tell, to regulate the point and method by which exports take place, nor does it necessarily have any authority to interrupt specific exports which would otherwise be permissible with respect to aggregate export restrictions.

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

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?

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.

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

When you're exercising power over others by enacting legislation, or ratifying treaties that have the same authority as Constitutional amendments, or the Justices who interpret the Constitution, we're not talking about your personal rights anymore.

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 diAs 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 dias President in the interim until they did.

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.

«As my office's legal guidance makes clear, President Trump lacks the constitutional authority to broadly cut off funding to states and cities just because they have lawfully acted to protect immigrant families,» Schneiderman said.

«The President lacks the constitutional authority to cut off funding to states and cities simply because they have lawfully acted to protect immigrant families — as described in the legal guidance my office issued last week,» Schneiderman said.

Indeed, as the legislature's own non-partisan staff has already warned, it may violate constitutional limits on the legislature's authority to delegate its powers and duties to others.

During her press conference outside PS 13, Ms. Malliotakis unveiled her Albany reform agenda, including: Requiring a two - thirds legislative majority to pass new taxes and fees; capping the rise in spending at the rate of inflation or 2 percent, whichever is less; requiring legislators to disclose outside sources of income; requiring public authorities like the MTA to undergo an independent financial audit, and calling for a constitutional convention to address items that have bedeviled the state recently, such as appointing a lieutenant governor and breaking a Senate tie.

The President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by the Congress in the exercise of its constitutional authority.

«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

And that is so notwithstanding the fact that, as the Constitution and Delegated Powers Committees point out, such legislation would effect a significant shift in the balance of constitutional authority not (only) between the Commons and the Lords, but also (and particularly) between Parliament and the Government.

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

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.

(There have always been a few exceptions, such as New York, where the state board has what amounts to separate constitutional authority.)

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 State Charter Schools Commission was created by a 2012 constitutional amendment as an alternative to local districts for would - be charter schools seeking authority — and public funding — to educate children.

The GSBA has a long standing legislative position supporting,» the constitutional authority vesting exclusive control over public schools to local boards of education as the level of government closest and most responsive to the taxpayers and parents of the children being educated.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

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 authority.

Accordingly, I appointed Mr. Carl Goldenberg, Q.C., Special Counsel on the Constitution and have attached to his office, as advisors, some of the most eminent constitutional authorities in the country.

The accusations came after a 2005 constitutional law class in which Peltz, a nationally known authority on the First Amendment and freedom of information, was described as having criticized affirmative action and having displayed a belittling satirical article from The Onion on Rosa Parks.

To my mind, on a proper interpretation of the basic constitutional structure of the compound comprising the Union and the Member States, which has been described as the «European Verfassungsverbund», (11) it is, as a rule, for the Member States themselves, in the context of their own constitutional order and the international obligations which they have entered into, to review acts of their public authorities.

However, it does provide political certainty as to the timeframe of Brexit, barring the notification being blocked by the outcome of the upcoming constitutional challenge to the government's authority to trigger Article 50 without the consent of Parliament.

Practice Directions are made under powers in the Constitutional Reform Act 2005 by the Lord Chancellor who can delegate his authority to the Lord Chief Justice, who can delegate to the President of the Family Division (family proceedings Practice Directions issued by the President are endorsed as being approved by the LCJ).

The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media — consistent with the Department's Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

For some, the hybrid option is unpalatable as being neither one thing, ie election being associated with constitutional legitimacy and authority, nor the other, ie appointment associated with independence and expertise.

«He is much more an Anti-federalist where state and national authority clash, more libertarian on issues such as gun control, and much tighter on some matters as the rights of the criminally accused than I... «We, however, agree on other important issues, such as finding no constitutional barrier to bans on late term abortions and requiring spousal and parental notification of impending abortions.»

«Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.»

316 (1819), so long as the exercise of that authority does not offend some other constitutional restriction.»

If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams.

Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction.

The Board refused to consider respondent's constitutional challenge on the ground that, as a quasi-judicial body, it had no authority to pass on the constitutionality of state law.

The authority for the establishment and maintenance of the Bar as an integrated bar association is a 1949 rule of the Supreme Court based on the Court's constitutional authority to regulate the practice of law in Florida.

When our constitutional provisions were written, the chief forces recognized as antagonists in the struggle between authority and liberty were the Government, on the one hand, and the individual citizen, on the other.

The following provisions shall apply to States Parties which have a federal or non-unitary constitutional system: (a) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States; (b) with regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent States, countries, provinces or cantons which are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.

Does the possibility accorded to Penn Central, under the landmark preservation regulation, of realizing some value at some time by transferring the Terminal development rights to other buildings, under a procedure that is conceded to be defective, severely limited, procedurally complex and speculative, and that requires ultimate discretionary approval by governmental authorities, meet the constitutional requirements of just compensation as applied to landmarks?

Having concluded that, as a matter of empirical fact (on which more below), the fees at issue deter substantial numbers of people from pursuing their claims, the Court asked itself whether «the text of» the statute pursuant to which the fees were imposed by the executive, «but also the constitutional principles which underlie the text, and the principles of statutory interpretation which give effect to those principles» [65] provided authority for setting the fees at their current level.

The defense, such as it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to triaas it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to triaAs officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to trial.

He is particularly experienced in local authority law, in areas such as consultation and equality duties, governance and constitutional issues and public procurement.

Their reaction can be a refusal to give effect to an act of the IO, following a finding that the act was outside the scope of authority of the IO -LSB-...] or incompatible with another set of norms, be it international norms (such as a jus cogens norm or a human rights norm) or a norm of the domestic legal order that has precedence over the act of the IO (such as the practice of the German constitutional court in the cases involving judgments of The ECJ and the EctHR).»

The hard cases involve grants of regulatory authority subject to further approval by a subpart of Congress like a committee, as opposed to a full fledged act of law (something called a «legislative veto») which has dubious constitutional status despite being common.

As Gary Trotter, Canada's leading authority on bail, observed at the time of the enactment of these provisions: «If a reverse - onus provision is constitutional with respect to drug trafficking, a provision focused on terrorism is surely to be upheld.

Constitutional discourse is at the centre of this trend, as judges have used constitutional jurisdiction to expand their reach Constitutional discourse is at the centre of this trend, as judges have used constitutional jurisdiction to expand their reach constitutional jurisdiction to expand their reach and authority.

For Canada, therefore, the Sovereign as a corporation sole not only ensures the perpetuity of the state and governing authority, but also provides the legal and constitutional logic behind the Canadian state's independence from the United Kingdom.

While the particular issue should not now recur since as from 1 October 2007 a National Framework for NHS Continuing Health Care And NHS - Funded Nursing Care (the NHS National Framework) requires local authorities and PCTs to agree a dispute resolution procedure which would not in the first instance require proceedings in court, the case nevertheless does provide some valuable insight into the scope of judicial review and the legal and constitutional standing of PCTs, in relation to local social services authorities.