Sentences with phrase «constitutional obligation to»

In response to this, explains Botha, the court was clear: «while a municpality has the constitutional obligation to collect revenue and pursue debtors, it can only claim the money from the actual debtor, rather than claim the historical debt from the new owners.»

The Crown's submission is in effect an invitation to delegate the courts» constitutional obligation to the prosecutors employed by the state, leaving the threat of a grossly disproportionate sentence hanging over an accused's head.

WHY THERE SHOULD BE NO CONSTITUTIONAL OBLIGATION TO PERMIT CONTACT WITH COUNSEL FROM A POLICE CAR

In accordance with its constitutional obligation to create rules governing court practice and procedure, the Court has adopted a variety of rules, including a Code of Judicial Conduct, Rules for Admission to the Practice of Law, Rules of Professional Conduct, Rules of Judicial Disciplinary Procedure and Rules of Lawyer Disciplinary Procedure.

«The United States has a strong interest in ensuring that all jurisdictions — federal, state, and local — fulfill their constitutional obligation to provide counsel to criminal defendants and juveniles facing incarceration who can not afford an attorney,» the motion read.»

In R v Bartle and R v Suberu the Supreme Court stressed that the need for this duty begins immediately The majority at the Court of Appeal found that the trial judge erred in concluding that there was no reasonable opportunity to provide Taylor access to counsel prior to taking the first set of samples.at the time of arrest, and the police have a constitutional obligation to provide access to counsel «without delay.»

Yesterday was the 46th anniversary of Gideon v. Wainwright, the Supreme Court's 1963 decision holding that states have a constitutional obligation to provide court - appointed lawyers for indigent criminal defendants.

The Board of Professional Conduct assists the Ohio Supreme Court in its constitutional obligation to regulate the practice of law.

The arresting officer is therefore under a constitutional obligation to facilitate the requested access to counsel at the first reasonably available opportunity.

He declared that the government has a constitutional obligation to bring itself into compliance with the Charter within a «reasonable time period, such as 15 months.»

In its decision no 138/2010 (English translation) Oliari and others were told that Parliament could freely decide whether or not to open up marriage, but that Parliament had a constitutional obligation to introduce a form of legal recognition of their union.

Despite an illustrious tradition of great criminal defense attorneys — perhaps even because of it, I suppose — Houston has seen fit to rely on court appointments to satisfy its constitutional obligation to provide legal representation to the poor.

The SCC, however — in a unanimous decision written by Justice Michael Moldaver — made clear the constitutional obligation to weigh proportionality rests with the court, not the prosecutor:

But the court has made it clear that we don't need to wait for legislation that will likely never come: «[T] he State has a constitutional obligation to protect the public's interest in natural resources held in trust for the common benefit of the people of the State.»

«Your failure to comply with the Committee's subpoena has delayed the Committee's investigation and thwarted the Committee's constitutional obligation to conduct oversight of the Executive Branch.

Once upon a time, when Governor Dannel Malloy was Mayor Dan Malloy of Stamford, he not only supported the CCJEF v. Rell lawsuit but was an original plaintiff in the historic battle to force the State of Connecticut to fulfill its constitutional obligation to the children of Connecticut.

For the first time, the formula established a minimum threshold for state funding under a constitutional obligation to furnish an «adequate» public education.

«We have a really strong constitutional obligation to local control and not many state takeovers.

Ten years ago, Study Group XI offered a response to the state supreme court's seminal ruling in Leandro v. State, which defined the state's constitutional obligation to provide every North Carolina child with an «opportunity to obtain a sound basic education.»

While Connecticut's public schools continue to suffer from inadequate state funding and Governor Dannel Malloy and his administration strive to undermine, dismiss and destroy the CCJEF school funding lawsuit that would finally ensure that Connecticut meets its State Constitutional obligation to provide all students with a quality education, Malloy's corporate education reform initiative has fueled an unprecedented growth of charter schools in Connecticut.

Could anyone truly imagine that those 2012 reforms, together with whatever initiatives and meager funding may come out of the 2013 legislature, are sufficient for affixing the «Mission Accomplished» banner outside the Capitol complex, proclaiming that the state at long last is meeting its constitutional obligation to schoolchildren?

Judge Bullock recognized that although those obstacles often exist outside the school walls, overcoming them is part of the state's constitutional obligation to provide a free public education.

, which defined the state's constitutional obligation to provide every North Carolina child with an «opportunity to obtain a sound basic education.»

When knowledge of that history becomes commonplace, we will conclude that racially segregated school districts and metropolitan areas not only have permission, but a constitutional obligation to integrate.

These decades of trials, for all of their legal distinctions, ultimately come down to the same idea: Although Connecticut has a constitutional obligation to educate its students, it's doing a bad job for many of them.

This is the proposal aggressively pushed by a governor who is billions of dollars behind the state's constitutional obligation to fund public schools equitably, who continues to use accounting tricks to cheat school districts out of millions of dollars owed under the already inadequate funding in the state budget, who has restricted districts from increasing revenue locally without a super-majority, and then has the nerve to blame strangled school districts for not raising test scores.

So she teamed up with other education advocates to sue the state, arguing that Florida is violating its Constitutional obligation to provide «a uniform, efficient, safe, secure, and high quality system of free public schools.»

The notices are a product of the class action Williams v. California, filed in 2000 by the American Civil Liberties Union and other advocacy groups, charging the state with reneging on its constitutional obligation to provide students with the essentials for an education.

«The court concludes that the plaintiffs have failed to establish their claim that the state has not met its constitutional obligation to provide the students in the eight small city school districts with the opportunity for a sound, basic education,» O'Connor wrote in her ruling.

The Court of Appeals, New York's highest court, ruled in 2006 in the Campaign for Fiscal Equity case that the state had failed to meet its constitutional obligation to provide adequate education to New York City students.

For State Senate Majority Conference Leader John Sampson, «There is nothing more important than our constitutional obligation to providing all of New York's children with a quality education.»

NYSUT, meanwhile, again urged the state to fully fund schools under the terms of a 2007 settlement in the high - profile Campaign for Fiscal Equity case, which required the state to fix its school funding formula and fulfill its constitutional obligation to provide a «sound, basic education» to all children.

clauses (2) and (3) of the 1992 Constitution, the Judicial Council had a constitutional obligation to specifically advise the President as to which specific person (s) is / are suitable for appointment to serve as Justice (s) of the Superior Courts of Judicature, in accordance with which advice the President is mandatorily required to exercise his powers of appointment.

The Connecticut Supreme Court in January overturned a lower court judge's wide - ranging decision that the state had failed in its constitutional obligation to adequately fund public education.

«Congress has a constitutional obligation to make a budget,» he said.

«The Census Adjustment Act is the law of New York State, and we will fulfill our constitutional obligation to defend state law as we do in all cases,» says AG Eric Schneiderman's office.

The archbishop criticised the state for not fulfilling its constitutional obligation to ensure «equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions».

«The bottom line is that while the state is trying to get out of its constitutional obligations to our children, it is the kids that are suffering.

Smith said it was necessary because, under Obama, «federal agencies often stonewalled the committee's constitutional obligations to conduct oversight.»

We work closely with our clients to ensure that governments fulfill their constitutional obligations to consult and accommodate.

'» Governments have failed to explain their ethical and constitutional obligations to provide legal aid, says Anand.

By insisting on meaningful consultation with First Nations as a condition of the Energy East Pipeline proceeding, Quebec Premier Couillard and Ontario Premier Wynne are not, as Newman accuses them, «playing a dangerous game» — they are signalling their governments» intention to fulfil their constitutional obligations to Aboriginal peoples.

In Grassy Narrows the Supreme Court confirmed that the provinces are fully responsible for ensuring that Treaty rights are respected and constitutional obligations to Aboriginal peoples, including the duty to consult, are fulfilled.

Like it or not, governments increasingly rely on environmental assessments to fulfill their constitutional obligations to consult and accommodate Aboriginal people.

While environmental assessments are important in their own right, we always focus on the ultimate goal of ensuring that government's constitutional obligations to our clients are fulfilled.

Not exact matches

Be it Constitutional rights, contractual obligations, or its own self - imposed rules, when push comes to shove the government officials have proven they will side with their own judgment - no matter what the rule is.

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.

Remove that foundation and we remove the deepest obligation binding the American people to this constitutional order.

Could the church and the secular society recover some sense of their constitutional obligations and care for unwanted children, or at least care for weary and harried mothers and fathers until they can renew the capacity to care?

«However, we have an obligation to stand up for the constitutional rights of separate school divisions, so we are giving serious consideration to an appeal.