Sentences with phrase «constitutional authority for»

Second, they can argue that the officer was taking his sweet time and delayed the stop, ending his constitutional authority for the stop even though the safety - related checks were not complete.

«Which enumerated power covers this law» is a legitimate question, and since 2011 the rules of the House of Representatives actually require every introduced bill to come with a statement identifying where the constitutional authority for the bill comes from.

Council of State Science Supervisors (CSSS) is a professional science organization whose members have direct accountability to the government agencies given the constitutional authority for education.

Robert Jubb and Stuart White interview John McCormick about his 2011 book, Machiavellian Democracy, and ask what lessons can be drawn today about democratising power and embedding constitutional authority for the common citizen.

To illustrate, were the original U.S. Constitution to be destroyed, we would not lose the constitutional authority for our country, even if all we had were copies with flaws in them.

Not exact matches

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?

In the same documents, the museum argues that even if constitutional protections apply, «there is no legal authority for the proposition that a museum is prohibited from displaying an item with historical, cultural or artistic significance merely because that item also has religious significance.»

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.

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

The authorities in Scotland are already responsible for many environmental issues, so that constitutional change may seem to make little difference.

«I don't fault the majorities for keeping their options open to make clear that the governor is not exceeding his constitutional authority.»

Last year, the Department for Constitutional Affairs revealed requests for information were costing the government # 24.4 million a year and public authorities a further # 11.1 million.

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.

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

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.»

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.

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 constitutional sources of authority for the President to conclude international agreements include:

«This contortion of the Governor's long - recognized constitutional authority lacks a basis in law and must be recognized for what it truly is — a political maneuver to frustrate the Governor's efforts in convening the Legislature to address politically unpopular, yet critically important issues of public policy.»

«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

«It should be no surprise to New Yorkers that Gov. Cuomo intends to effectively amend the Human Rights Law without consulting the State Legislature; not long ago, the Governor overstepped the bounds of his executive authority in regard to the minimum wage to be paid to fast - food workers,» said Rev. Jason McGuire, Executive Director of New Yorkers for Constitutional Freedoms.

«Is this then not a President (with the Executive Authority including all policing powers) who is intimidating me simply for exercising my constitutional right to access to justice before the Supreme Court?»

In these circumstances, the Nigerian Army under its constitutional mandates for Military Aid to Civil Authority (MACA) and Military Aid to Civil Powers (MACP) has continued to act responsively in synergy with other security agencies to de-escalate the series of MASSOB / IPOB violent protests.

In 2007, then Prime Minister Gordon Brown stated, during a House of Commons debate on constitutional reform, that he believed that the House of Commons should have more authority over the selection of «public officials whose role it is to protect the public's rights and interests, and for whom there is not currently independent scrutiny.

National Democratic Congress (NDC) Member of Parliament for Ningo Prampram, Sam George, has accused the National Communications Authority (NCA), of contravening certain constitutional provisions with the sanctions imposed on 131 radio stations.

DiNapoli called for a host of reforms to curtail state borrowing, including a constitutional amendment to limit total debt to 5 % of New York's personal income and a ban on so - called back - door borrowing — the issuance of state - funded debt through public authorities and other entities.

Whatever adjustments might be warranted to ensure alignment of the SOL with the Common Core State Standards can be made within the process through which the Board of Education exercises its constitutional authority to establish standards for the commonwealth's public schools.

That appraisal resonates in Georgia, where black voters turned out in large numbers several years ago to help pass a constitutional amendment confirming state authority to grant charters, but played a crucial role in the November defeat of the constitutional amendment for an Opportunity School District.

Here's moderator John Merrow's reason for keeping away those who think that the federal government has neither the Constitutional authority, nor the ability, to run American education:

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.

Meet B.L. Cozad, Constitutional and Bill Of Rights authority, in exclusive footage provided for TheDogPlace.org.

While police can't deny contact with a lawyer, other cases have found that prison authorities have a good deal of power to regulate constitutional rights for legitimate penological interests (like security).

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).

In one blistering paragraph, Zywicki writes, «Leaving aside all of the intellectual arguments for whether the Court should or should not rely on international law for constitutional guidance, it is hard to escape the conclusion that the Court's periodic reliance on world legal opinion is purely strategic rather than sincere, perhaps to dress up the Court's personal predilections in the guise of legal authority.»

The proper remedy is not to abuse the LSUC's administrative authority to blackball TWU grads, but to lobby the BC government to end its statutory protection for TWU's conduct (assuming that doing so doesn't raise constitutional issues — which it might).

Yesterday, the Czech Constitutional Court ruled in favour of David Vratislav, a 24 - year - old young man suing the local authorities for failing to provide him with the social services he needed.

A constitutional amendment up for a vote in Arkansas would transfer some judicial rule - making authority to the legislature, and this would allow the legislature to overturn a 2013 state supreme court decision to strike down a tort reform law.

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.

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).

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.

Defendants argue that this court should strike the two sentencing allegations for three reasons: 1) The allegations are prejudicial surplusage; 2) The government does not have statutory authority to include sentencing allegations in an indictment; and 3) Presenting sentencing allegations to a jury for proof beyond a reasonable doubt to increase defendants» sentences violates the constitutional principles of separation of powers and the prohibition against the legislative branch delegating its powers to the executive branch.

Following the defeat of a proposed constitutional amendment that would have given the governor greater authority in appointing nominating commission members and more discretion in selecting judges, supporters of the measure vowed to «regroup and move forward with something more aggressive» for 2014.

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.

authority for the proposition that all statutes regulating commercial advertising are immune from constitutional challenge.

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.

Julian undertakes advisory and judicial review work in the field of public and constitutional law for central and local government, other public authorities, and individuals, and has been instructed for and against government on issues of major public importance.

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 legislation raises a plethora of issues and significantly alters the security landscape: It gives the Canadian Security Intelligence Service (CSIS) powers beyond intelligence gathering (to actively target threats and derail plots); creates new offences (criminalizing «terrorist propaganda» and the «promotion of terror»); lowers the legal threshold to trigger detention to those who may carry out an offence from the existing standard of will carry out to may carry out; extends preventive detention for «suspected» terrorists from three days to seven days (inconsistent with the constitutional presumption of innocence); legally entrenches a no fly list; and grants government agencies explicit authority to share private information with domestic and foreign entities.