Sentences with phrase «constitutional issue is raised»

The Supreme Court is subject to that obligation, as is every court before which the constitutional issue is raised.»

Not exact matches

[105] On January 8, 2008, to address ongoing structural budget issues, Governor Corzine proposed a four - part proposal including an overall reduction in spending, a constitutional amendment to require more voter approval for state borrowing, an executive order prohibiting the use of one - time revenues to balance the budget and a controversial plan to raise some $ 38 billion by leasing the Garden State Parkway, the New Jersey Turnpike, and other toll roads for at least 75 years to a new public benefit corporation that could sell bonds secured by future tolls, which it would be allowed to raise by 50 % plus inflation every four years beginning in 2010.

That permanent injunction will allow the judge more time to consider the constitutional issues raised by State Question 755, which was approved by voters earlier this month.

The day after the referendum, Cameron raised the issue of «English votes for English laws», with Miliband criticising the move as a simplistic solution to a complex problem, eventually coming out in favour for a constitutional convention to be held after the general election.

The whole affair has raised major concerns about the way political parties are funded, and the constitutional affairs committee is one of a number of bodies looking at the issue.

Chancellor George Osborne says tax credits defeat «raises constitutional issues that need to be dealt with» https://t.co/fIOOMZKZ5S

And that «if payments have been made to the 2nd and 3rd Defendants under agreements other the two * dated 26th April 2006 *, which were terminated, issues relating to those payments would have to be determined in a forum other than this Court (Supreme Court) and in a different action, since they do not come within the issue of constitutional interpretation raised by the Plaintiff's writ».

Haruna Iddrisu also raised what he termed constitutional issues and strongly registered his disapproval to portions of the agreement which demand that disputes relating to the agreement shall not be referred to local or international court.

In the opinion of some critics, vouchers raise the constitutional issues of separation of church and state when public funds are given to parochial and other religious schools.

State Superintendent Tony Evers said Tuesday night before Gov. Scott Walker's state of the state address that the Senate version of the school accountability bill was «on the right trajectory» in dealing with the constitutional issues raised by the Assembly version.

From the start of the NSA eavesdropping scandal, I began writing every day about what I believed were the profoundly important legal, political, and constitutional issues raised by the Bush administration's secret surveillance program.

Though Baby Girl didn't reach constitutional issues, the majority said that if ICWA can disrupt an otherwise settled adoption «solely because an ancestor — even a remote one — was an Indian,» that «would raise equal protection concerns.»

The case raises two important constitutional issues: firstly, whether the horizontal effect of EU fundamental rights must be direct; and, secondly, how the balance between conflicting fundamental rights should be reached in a private dispute.

The case was specifically chosen because it raised important constitutional issues that are set to define the output of the UKSC.

The application of constitutional law is complex, and certainly, the application of a reasonableness standard to how committee accounts for Charter values raises the difficult issue of different regulators reaching different conclusions about the extent to which the Charter protects freedoms or rights in similar situations.

For he said he would «prefer to resolve this case on administrative law grounds and find that it is unnecessary to address the broader constitutional issues raised by the appellants» (para. 70).

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

I myself have nothing to add to what I said there (except to note that the issues raised have nothing to do with the Charter, though they are constitutional in focus.)

I have already said that agreement on a process whereby a Bill of Rights would be entrenched in the constitution will raise other basic constitutional issues.

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).

If that occurs, one hopes that the Supreme Court will recognize that Courts are guardians of the constitution and should not lightly decline to hear a case that raises constitutional issues.

The concept also raises a quirky and often neglected constitutional issue: are minimum harmonising Directives compatible with the re-regulatory aim of Article 114 TFEU, despite the fact that they allow for varying national standards that go beyond the common floor of the Directive, hence failing to eliminate all obstacles to trade?

Even then it raises the issue of how enthusiastic a government will be to immerse itself in the constitutional quagmire that is the reform of the House of Lords — an issue that has dogged parliamentarians since 1911.

My half - hearted invocation of my First Amendment rights fell on deaf ears (I figured that one month into my first job was not the best time to raise a constitutional challenge) and we dropped the issue.

There are three requirements for Younger abstention to apply: (1) pending or on - going state proceedings which are judicial in nature; (2) the state proceedings must implicate an important state interest; and (3) the state proceedings must afford an adequate opportunity to raise any constitutional issues.

All governments in Canada have specialists in constitutional law and if a policy proposal is seen to raise consstitutional issues (and we're all pretty sensitive to them), their opinions are sought.

We, of course, have no occasion to comment here on whatever constitutional issue, if any, may be raised with respect to these statutes.

For now I'll leave aside the constitutional questions raised by the law until I actually take constitutional law and the thornier patent issues until Intellectual Property, but as an internet professional and a rational human being, I feel fully qualified to address its more obvious deficiencies.

Further, the constitutional issues were not raised on the original application (ATA, para 14), nor were they before the adjudicator in the first place (ATA, para 17).

Prof. Smith's concerns about renewable terms point to the central constitutional issue raised by our expert witnesses: whether Bill S - 4 can be enacted exclusively by Parliament, or also requires agreement by at least seven provincial legislatures representing at least 50 % of the population of all the provinces.

2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: - as for the JHA, I must say that whilst I agree with you on the merits, I can see the issue raised by the CJEU, since it is quite the same raised by some national Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR on the interpretation of such standards within the context of the Convention does not bind the national Constitutional Court in interpreting the national Constitution standards: e.g..

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the «Great Repeal Bill».

For one thing, he finds, the respondents made the deliberate decision not to raise the issue at trial, and must now live with the consequences of their choices; although they say their financial situation prevented them from arguing the constitutional point at first instance, there is no reason to believe that it has now changed.

These hearings focussed on the issues raised by Bill S - 4 and the Murray / Austin motion, rather than revisiting the much broader range of Senate reform and related constitutional issues that have been considered, in some cases repeatedly, over the years.

The generality of the language contained in the Birmingham parade ordinance upon which the injunction was based would unquestionably raise substantial constitutional issues concerning some of its provisions.

Justice Cromwell found that a comprehensive declaration is a more reasonable and effective means of obtaining final resolution on the issues than having individual litigants raising constitutional challenges, especially since summary convictions are not always the best place to raise a complex constitutional challenge.

It was not judicial hyperbole when the judge described the issues he wished to address as raising issues of «constitutional principle» and the rule of law.

Such may be the case where the matter involves a public body trying to elucidate the law or where a party has raised a constitutional issue or one otherwise of broader interest.

Defenders of judicial review like to point to the numerous occasions on which the «political branches» of government — that is, the legislature and the executive — act in ways that can not sensibly be supposed to be constitutional, and indeed with very little thought to the constitutional issues that their actions may raise.

The suit will almost surely raise constitutional issues concerning state power and patents but, for now, businesses will welcome a big new ally in the fight against patent trolls; others include Google (s goog) and patent scholars like Mark Lemley and Brian Love.