Sentences with phrase «constitutional authority which»

Not exact matches

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.

The Post's Sari Horwitz and Ellen Nakashima: «Attorney General Jeff Sessions told a Senate panel Wednesday that he believes... Trump has the constitutional authority to pardon anyone and does not need to confer with the Justice Department, which traditionally has assisted presidents in such decisions.

John Hart Ely writes that the Supreme Court «is under an obligation to trace its premises to the charter from which it derives its authority» before it may make any constitutional pronouncement.

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.»

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.

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 authority.

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.

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

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

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.

The association contends that under the federal 1995 District of Columbia School Reform Act (SRA), which was passed under Congress's constitutional authority over the district, charter schools are entitled to equal per - pupil spending.

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.

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.

Aside from desegregation — which it has Constitutional authority to compel — the federal government has done no meaningful good in education.

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).

The divisional court's finding on constitutional statutes relied on authorities not put to counsel, which raises the question of whether or not it is binding.

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.

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.

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).

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.

«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.

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.

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.

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.

Four of the seven SCC judges reached the decision which was released July 31, while the other three declined to deal with the issue, ruling the constitutional argument shouldn't be considered because Julie Guindon, the lawyer who launched the appeal, failed to give proper notice to federal and provincial authorities.

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.

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 trial.

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.

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.

Although we have authority to deflect cases to the Court of Appeals, which relieves much of the load, the more difficult and complex cases, plus all cases involving constitutional questions, death penalty, first impressions, newly developing law and a whole litany of special subjects (election contests, utility rates, annexations, bar and judicial discipline matters, etc.) are assigned to our Court.

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.