Sentences with phrase «constitutional authority by»

The Tories accused O'Donnell of overstepping his constitutional authority by giving his blessing to a delay in the return of parliament to allow talks on a coalition in the event of a close poll result.

Attorneys representing teachers and school administrators said the governor overstepped his constitutional authority by delaying the payments on Dec. 15 without legislative approval.

Not exact matches

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.

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.

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.

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.»

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.

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.

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.

Presidents, by contrast, have a narrower base in constitutional authority.

He argued that sports gambling goes beyond the authority approved by voters in the constitutional referendum.

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.

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,»

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.

DiNapoli also suggested a separate constitutional amendment to ban public authorities and other entities from issuing state - funded debt, allow bond acts to be considered by voters in the same year and require all state - funded debt to be issued by the state comptroller after it's approved by voters.

By failing to vote for these amendments they will be making it harder for those who voted them into power to exercise their constitutional and legal right to hold government to account and challenge public authorities when they get it wrong.»

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.

Worse, debt contracts by «independent» authorities face fewer constitutional limits than borrowing by the state itself — which lets the slush - fund spending get even larger.

It's an opinion shared by state Attorney General Eric Schneiderman, who said in a statement that Trump does not have the «constitutional authority» to cut funding from cities that have lawfully acted to protect immigrants.

Instead, they endorse a concept of postnational (global) citizenship and seek to shift authority to an institutional network of international organizations and subnational political actors not bound by any clear democratic, constitutional framework.

Noting that the «parties devote a significant portion of their briefs discussing the question whether the constitutional provisions at issue in this case are so - called «Blaine amendments»» originally motivated by anti-Catholic nativist sentiment, the court found that «none of the parties has produced any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives.

The board would be created by a constitutional amendment and be charged with approving all administrative rules related to the DPI; design and issue a new state report card and audit the DPI's accountability measures to «ensure DPI is effectively using, but not abusing, its authority to help low - performing schools and teacher preparation programs improve.»

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.

K12 was a major supporter of the effort, donating at least $ 300,000 in 2012 to «Families for Better Public Schools,» a Georgia political action committee behind a constitutional amendment that would further the charter school industry by bypassing the legislature and state board of education to create a new, politically appointed commission that would have the authority to independently override state and local control and approve new charter schools and online virtual schools.

(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.

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.

We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).

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 National Prohibition Act, to the extent that its provisions rested upon the grant of authority to the Congress by the Eighteenth Amendment, immediately fell with the withdrawal by the people of the essential constitutional support.

«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.»

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.

Reforms to the Amparo Law that took place during 2013 made it possible to bring a constitutional challenge against private entities or individuals that perform activities equivalent to those performed by government authorities.

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).

I further agree with JUSTICE STEVENS that, in this area, large deference is owed by the Judiciary to «Congress» institutional competence and constitutional authority to overcome historic racial subjugation.»

Law dictionaries made by private corporations don't have authority over states or their courts, which ultimately derive their power from their constitutions and legislation made by their constitutional legislatures and the people's support of them.

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.

If the Supreme Court were to act thus it would be asserting an authority over Parliament that is flatly ruled out by our constitutional tradition: an assertion of judicial supremacy of this kind would be a coup not a judgment.

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?

That an interpretation of «telephonic» should take notice of the limits imposed on the federal government by virtue of our constitutional division of powers, that is that the Act can only apply to matters over which the federal government has legislative authority, is further supported by the specific reference in s. 13 (1) to communication «by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament».

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.

[87] Finally, an interpretation of «telephonically» that refers back to the underlying system of transmission also respects the legislative authority of the federal Parliament, and defines telephonic by reference to the limits of Parliament's constitutional authority.

The questions that have so far commanded so much attention — concerning, initially, where constitutional authority lies in respect of this matter, and, now, on what terms the Government should be invested with such authority by Parliament — are fundamental.

«Unlike the Congress of the United States, the General Assembly of Virginia functions under no grant of power»... The General Assembly, in «represent [ing] the sovereign authority of the people» is restricted only by the Constitution of Virginia «in express terms or by strong implication»... [I] t is a restraining instrument, and... the General Assembly... possesses all legislative power not prohibited by the Constitution»... In short, «[u] nless forbidden by some State or Federal constitutional provision,» the General Assembly's «powers are plenary.

And he referenced The Commission on Constitutional Revisions» proceedings to conclude that Article IX, § 2 language intentionally «elevated the Commission's authority over electric rates from a power merely delegated by the General Assembly to one with a direct constitutional foundation Constitutional Revisions» proceedings to conclude that Article IX, § 2 language intentionally «elevated the Commission's authority over electric rates from a power merely delegated by the General Assembly to one with a direct constitutional foundation constitutional foundation -LSB-.]»

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.