Sentences with phrase «constitutional prerogatives»

Such a delegation of legislative power is unknown to our law, and is utterly inconsistent with the constitutional prerogatives and duties of Congress.

By opening a legal door to physician - assisted dying, is Quebec overstepping its constitutional prerogatives?

«President Obama's alternative strategy of using the EPA and other agencies to wage a backdoor war on carbon energy through misdirection and pretext, robs the people and their elected representatives, who would not support these restrictions voluntarily, of their constitutional prerogatives.

His replacement, Emmet Flood, who assisted in President Bill Clinton's impeachment defense and President George W. Bush's response to politically charged congressional inquiries, brings experience asserting constitutional prerogatives to fend off investigative demands.

Now, technically, a negative liability to the Treasury would mean that the Treasury owes the Fed money, which would be, well, a fraudulent claim, and certainly not a budget item approved by Congress, but we've established in recent quarters that nobody cares about misleading balance sheets, Constitutional prerogative, or the rule of law as long as speculators can get a rally going, so I'll leave it at that.

Not exact matches

As such, he led efforts in the 1780s for British constitutional reforms which eventually limited the prerogative of the Crown, thereby consolidating parliamentary sovereignty.

15:40 - Lots of laughter in the chamber as Nick Clegg works his way through some rather odd constitutional stuff about the Queen submitting her royal prerogative to the will of the House.

«This executive decision made using the Queen's prerogative powers has significant constitutional implications and is an abuse of power,» said shadow leader of the House Rosie Winterton.

Under Gordon Brown's plans for constitutional reform, parliament would also gain the final right to declare war, wresting the royal prerogative from the government.

The Court has taken a fresh plunge into the constitutional thicket, wherein it is the prerogative of judges to write and rewrite the maps.

Angered legislators have sometimes proposed constitutional amendments in defense of their prerogatives.

Amici Curiae point to the widespread ability of sister states to enforce children's constitutional rights to an adequate education without violating the prerogatives of the legislative and executive branches of government.

The first and most important thing to reiterate is that the CJEU could not act as the final constitutional arbiter of the question in the case of whether the UK government may use the royal prerogative to give notice under Article 50 TEU.

To my knowledge, the British Government has never suggested any legal changes to the prerogative of the Crown on the Monarch's constitutional or personal prerogatives.

Ministers in their role as Union legislators are legitimated to act both in accordance with the constitutional requirements of their own domestic legal order (in the UK the Royal prerogative to conduct international relations) in addition to being legitimated to act from the perspective of the Union legal order by the constitutional Treaty, specifically Article 16 (2) TEU's stipulation that «The Council shall consist of a representative of each member state at ministerial level, who may commit the government of the Member State in question and cast its vote.»

Advice on public powers, including statutory interpretation and prerogative powers, constitutional and public law requirements, and advising on adopting new policies and ways to deliver public services within existing statutory frameworks.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

While the Constitutional Reform and Governance Act 2010 requires that treaties are laid before the Houses of Parliament for a period of 21 days before they are ratified, the ability of the Government to ratify treaties remains a prerogative power, as does the power to amend or withdraw from treaties.

The argument on the other side is that there is a wider constitutional principle which is that it is not open to the Government to take such a fundamental and irreversible constitutional step by exercise of the prerogative powers.

Proceedings for judicial review have been brought in the High Court of Justice in London before The Lord Chief Justice, The Master of the Rolls and Lord Justice Sales in order to obtain a declaration from the Court on whether, under UK constitutional laws, the Government can lawfully use prerogative powers to give notification to the EU under art. 50 of the Lisbon Treaty without the Parliament's formal authorisation.

In R (on the application of Gina Miller and Ors) v The Secretary of State for the European Union, the High Court, in a masterly exposition of the principles of constitutional law and statutory interpretation, held that the Secretary of State did not have the power under the Crown's prerogative to give notice under Article 50 and thereby begin the process under which the United Kingdom will leave the European Union.

For clarity, the royal prerogative is a collection of executive powers held by the Crown, since the Middle - Ages, and by the Government to enable them to perform their constitutional functions.

Heard by all 11 Justices of the Supreme Court, it considered prerogative powers, Parliamentary sovereignty, the status of EU law, the devolution legislation and the role of constitutional conventions (instructed by the Government Legal Department)

The courts should be particularly slow to find that the Royal Prerogative may be relied on in a manner cutting across primary legislation that had particular constitutional significance and status.

If the claim is justiciable and within the proper bounds of the court's role, the exercise by the Crown of its prerogative power is consistent with domestic constitutional law.

This is a decision of great constitutional importance — the reiteration that Parliament is sovereign and has the power to decide upon changes in UK law, as opposed to the government using the historic royal prerogative power.

More broadly, this ruling will be studied closely by constitutional lawyers as it addresses a number of central issues, including the interplay between the Government's executive powers in international law and legislative sovereignty, the powers of the Court to supervise the exercise of prerogative powers particularly where existing law or rights are affected, and the fundamentally political, not legal, nature of the Sewel Convention on consultation of devolved legislatures.

The government's submissions on s 2 (1) of ECA 1972 «gave no value to the usual constitutional principle that, unless Parliament legislates to the contrary, the Crown should not have power to vary the law of the land by the exercise of its prerogative powers» (at [84]-RRB-.

«Article II Vests Executive Power, Not the Royal Prerogative,» Yale - Duke Constitutional Law Forum, Yale Law School (September 2014)(presenter)