Sentences with phrase «constitutional issue raised»

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.

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.

It fundamentally affects his judgement on the constitutional issues raised by independence.

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.

None of these proposals will resolve the adequacy and equity constitutional issues raised in CCJEF v. Rell.

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.

In any event, during this period of uncertainty, we may see an increase in WSIA premiums, and we may see legislators attempt to amend the WSIA to address the constitutional issues raised by WSIAT.

This case doesn't provide any final resolution of the constitutional issues raised by Mr. Barr and Mr. Kirkland.

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).

I have written a short piece for Prospect magazine about the constitutional issues raised by the European Union (Withdrawal) Bill:

Client charged with possession for the purpose of trafficking cocaine who had possession of 90 grams of cocaine pled guilty to simple possession of cocaine for having possession of 1 gram due to constitutional issues raised by the defence prior to trial.

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.

Attempts to curtail the sale of liquor also diverged from traditional means of regulating vice in ways that raised troubling constitutional issues.

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.

Reddit could either comply or it could raise a constitutional 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».

Sewel's alleged behaviour has not raised any issue of great constitutional importance but reminds the public of its distaste for the unelected upper house.

President Muhammadu Buhari has withdrawn assent to the amended Electoral raising constitutional issues.

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.

The lawmakers also resolved to separate the contentious sections of the bill, particularly those on which Buhari had raised constitutional issues.

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.

The amendments include a new process for giving notice when an appeal raises a constitutional issue, as well as new deadlines for serving and filing appeal documents.

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.»

But creating such divisions will raise, among other issues, difficult constitutional issues as to mandatory provincial representation by designated numbers of justices on the Supreme Court of Canada.

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 district court's decision runs contrary to decisions in other parts of the country, and raises serious constitutional issues.

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.

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?

THE COURT: So you have filed a motion to amend your answer to raise a whole host of constitutional issues.

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.

The State Bar of California has looked to Jim for over 15 years to handle its most challenging cases, including those raising serious constitutional issues.

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.

An accused has a constitutional right to a fair trial and may raise concerns about race and discrimination if they identify it as an issue in their case.

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.

In future posts, I will explore some of the constitutional and non-constitutional issues raised in these cases and also speculate about how particular Justices might view these cases.

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

The defence raised constitutional issues with respect to the warrant to search the home as well as the improper arrest and search of the car and the Crown chose to withdraw all of the charges rather than proceed.

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).

Informed by consultations with experts in political science and constitutional law, the report expands on the important issues raised by the Charter First campaign and presents detailed policy recommendations that we believe would increase transparency and accountability surrounding Charter issues, and raise the standard of Charter compliance of laws passed by Parliament.