Sentences with phrase «constitutional authority of the states»

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

Not exact matches

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.

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.

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.

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.

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.

«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.

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.

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.

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.

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.

It's important to think hard about states, which have constitutional authority over K - 12 and provide most of the money, but historically have done little to drive reform efforts.

Accordingly, the People of the State of California declare that to secure the constitutional guarantee of students and staff to be safe and secure in their persons at public primary, elementary, junior high and senior high school campuses, school districts must have the appropriate statutory authority to expeditiously remove and permanently dismiss perpetrators of egregious misconduct without facing lengthy and costly litigation or creating incentives to transfer the school employee to another assignment, school or school district.

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.

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.

Exercising its constitutional authority to advise the President on treaties, the Senate resolved that the U.S. should not sign any international agreement to set mandatory limits on greenhouse gas emissions that: (1) did not also set emissions limits on developing countries; and (2) that «would result in serious harm to the economy of the United States.»

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.

However, I would argue that the most desirable way in which the Luxembourg Court could exercise this authority would be to decide that the question of revoking notification falls under the constitutional requirements of the Member State.

This seventh and final installment looks at efforts to change state constitutional grants of rulemaking authority to courts of last resort, typically called the «supreme court», or judicial councils.

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.

«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.»

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.

Sovereign immunity does not give a state the authority to violate the constitutional rights of its residents.

It is widely expected that investor - State arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly on restrictions in the relations between public and private actors.

The reason there is no federal law about private driver licensing or private vehicle registration is that Congress lacks the constitutional authority to interfere with the internal police power of the states.

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.

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.

«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.

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...

Section 3 (b) of Executive Order 13132 recognizes that national action limiting the policymaking discretion of states will be imposed «* * * only where there is constitutional and statutory authority for the action and the national activity is appropriate in light of the presence of a problem of national significance.»

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.

If any act of Congress or of the legislature of a state violates those constitutional provisions, it is unquestionably void, though I admit that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority but in a clear and urgent case.

Smlouvyo 4, paragraph 2 of the European Union and Article 3, paragraph 1 of Council Regulation (EC) No 1408/71 (or Article 4 of the European Parliament and Council Regulation (EC) No 883/2004), the fact that the Czech authorities could zaokolností what vprojednávané things, provide preferential treatment (kdávce compensatory allowance at the age where the amount of benefits granted under Article 20 of the Treaty concluded 29th 10th 1992 between the Czech and the Slovak Republic on Social Security and Council Regulation (EC) No 1408 to 1471 (Regulation č.883 / 2004) lower than the dose that would be received, if the pension calculated under the laws of the Czech Republic), only citizens of the Czech Republic, if ktakovému treatment creates a fundamental right to security in old age unloaded by the Constitutional Court of the Czech Republic specifically in relation kdobám pension acquired vzaniklé CSFR and perceived as part of the national identity, and, if such treatment is stonarušit right of free movement of workers as a fundamental right of the Union, a situation kdybyposkytnutí reciprocal treatment accorded to nationals of EU Member States kteřítakézískali vzaniklé CSFR equivalent of pension security led kvýznamnému threat from the financial stability of the pension fund of the Czech Republic?

Constitutional law framed the legal authority of states — understood as mutually exclusive sites of sovereign power — while international law was engaged in the relentless and relentlessly precarious business of framing legal authority between states (who were in many respect in unequal or even imperial relations inter se).

In other terms, the Court of Justice («ECJ») can not take obedience to its judgments by Member States and the respective authorities as granted or constitutionally - mandated since, in Weiler's words, this is a voluntary obedience which goes hand in hand with the exercise of constitutional tolerance in the Member States.

It is fairly evident that the Committee tried to instrumentalize its FR in order to provide the other constitutional authorities (the Government and — most certainly — the Judiciary) with somewhat of a saving (or escaping) clause in order to overcome the stagnation caused by the Margellos doctrine and the ICJ's authoritative distinction between procedural conditions, such as the jurisdictional immunity of the defendant State, and the merits of the case, even if the contested affair involves grave violations of jus cogens norms.

Adults have the constitutional right to travel as they wish, but the courts maintain the authority to permit or forbid a divorced parent from taking the child out - of - state.