Not exact matches
The success of the concurrent delegations was an excellent example of how Canada can capitalize on some of its
constitutional similarities with India — in this case, the devolution of power
over issues such as education and national - resource management to the provinces — in order to improve relations for Canada as a whole.
Two centuries of judicial interpretation of the United States Constitution have demonstrated that when the Supreme Court veers off course in a particular case or series of cases, continued
constitutional litigation
over the
issue involved serves to correct their heading.
But with the
issues so comparatively mundane (extending a program, the first passage of a
constitutional amendment), lawmakers and Cuomo are in effect fighting
over a shrinking pie.
It is notable that the most important
issue of the moment - economic stability - features lowest in the ranking of contested bills, while the most irrelevant
issue in terms of voters» priorities,
constitutional reform, is expected to be the most heavily fought -
over.
Evan Davis, a former counsel to Gov. Mario Cuomo who had been pursuing legal action against the state Board of Elections
over placement of a referendum for a
constitutional convention, has withdrawn his suit following the boards agreement to take steps to highlight the
issue on the fall ballot.
I appreciate it is an important
issue for some, but more needs to be done If one contrasts the amount of civic campaigning activity and public support behind the Scottish
Constitutional Convention in the early 1990s (building on a range of efforts
over a longer period), then it is clear that there has been no campaign in England of similar.
On an
issue of such
constitutional importance, it is only right that it isn't rushed through, and a long and thoughtful period of consultation is undertaken ensuring that the measure is balanced, fair, and comes into force slightly after hell freezes
over.
Civil servants were looking into the
constitutional issues should the vote
over the war go against the government.
More than a third of U.S. states have created school voucher programs that bypass thorny
constitutional and political
issues by turning them
over to nonprofits that rely primarily on businesses to fund them.
Over the weekend, Senate Republican counsel David Lewis
issued a memo asserting the payments are legal,
constitutional and consistent with past practices.
We asked former legislative council and labor lawyer Kenneth Dau - Schmitt to look
over a law which limits collective bargaining rights for teachers, and he indicated there may be
constitutional issues with a clause in the legislation which cuts teachers unions out of forming grievance procedures.
You have in your packet a blue sheet that gives you the order of the day, so I won't belabor that too much, but I will just remind you that we're going to start out with a session on history this morning; then go to a lunchtime segment that will focus on some of the relevant federal
constitutional issues, including evaluations of the federal attacks on and defenses of the Blaine amendments; then we will finish off the day with a session that will focus on litigation strategy related to these amendments and some of the arguments being made for and against them in that litigation, as well as a focus on how debates
over faith - based initiatives and school vouchers are affected by these particular state
constitutional restrictions.
But those who follow the
issue, and I know that that's most of you in this room, knew that that decision, while it closed one battleground — and that was a battleground
over the federal Establishment Clause in the United States Constitution — it also threw the spotlight on a remaining battleground, and that is the battleground
over state
constitutional restrictions on government aid for religious institutions.
As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of
constitutional law «based on fundamental principles, consistently applied
over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the
issue based upon «her or his own worldview?»
During her time in judicial office Judge Macken presided
over or was a member of the formation in many seminal cases involving a wide range of legal
issue, at European and national level, including in the areas of the environment (waste, water, special areas of conservation), free movement, intellectual property, regulatory control, telecommunications, privacy and data protection, the European Arrest Warrant, and in a broad range of
constitutional and EU Treaty matters.
Yet,
over the past several months, the Queen's Law professor has commented in the lay media on
constitutional law
issues.
Sovereign Immunity (listed because it includes cases regarding it and exceptions) generally means that the federal government can really only sue the states
over constitutional issues.
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.
The more courts find a
constitutional right here, the more they inspire the movement to amend constitutions and carve a ban in stone... This is an
issue that needs to be worked through the political system
over time to reach a stable conclusion.
I am pleased to see that some folks
over at The Volokh Conspiracy are exploring the Miers» nomination through the lens of criminal justice
issues: Orin Kerr speculates here on how Miers might handle death penalty cases, and Juan Non-Volokh notes here how much of the High Court's
constitutional work is in the arena of criminal procedure.
Other legal
issues trickled in
over time, with
constitutional law cases at the end.
The key
constitutional issue in this regard was therefore always going to concern the degree of oversight and control exercisable by Parliament
over the exercise of these powers.
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.
Over the past year I've written about the Emoluments Clause; the No Religious Tests clause; limits on presidential power as defined in the steel seizure case; the meaning of the oath of office; how the Appropriations Clause constrains lawsuit settlements involving the federal government; how and whether gerrymandering by race and for partisan advantage affects
constitutional rights; judicial independence; the decline and fall of the Contracts Clause; the application of Obergefell to
issues of public employees and birth certificates; Article V procedure for calling a new
constitutional convention; and too many First, Second, Fourth, and Fifth Amendment controversies to list.