Sentences with phrase «constitutional provision»

The Committee is concerned that in the absence of a constitutional Bill of Rights, or a constitutional provision giving effect to the Covenant, there remain lacunae in the protection of Covenant rights in the Australian legal system.

Most U.S. states have a constitutional provision that either expressly or by interpretation allows an individual to represent one's own cause in the courts of that state.

[52] To effectuate the above constitutional provision, the Elections Act provides that where a person has applied to be registered as a voter but his name has not been included in the register of voters, he may submit a claim to the registration officer in the prescribed form, manner and time for his name to be included in the register.

I submit, with deference, that in now condemning this practice, long followed in the courts below, this Court is departing from, instead of applying, the principles of the common law, and is extending, rather than enforcing, the constitutional provision.

'' [The FAA] rests upon the constitutional provision by which Congress is authorized to establish and control inferior Federal courts.

For each topic I would compile (a) the relevant federal constitutional provision, statute or regulation; (b) a sampling of state / local regulations; (c) a leading case and (d) a secondary source (newspaper article or law review article) to provide context.

«Unlike the Congress of the United States, the General Assembly of Virginia functions under no grant of power»... The General Assembly, in «represent [ing] the sovereign authority of the people» is restricted only by the Constitution of Virginia «in express terms or by strong implication»... [I] t is a restraining instrument, and... the General Assembly... possesses all legislative power not prohibited by the Constitution»... In short, «[u] nless forbidden by some State or Federal constitutional provision,» the General Assembly's «powers are plenary.

In prohibiting interstate shipment of goods produced under the forbidden substandard labor conditions, the Act is within the authority of Congress, if no Constitutional provision forbids.

Third, the definition of «state law» has been changed by substituting the words «statute, constitutional provision» for the word «law,» the words «common law» for the word «decision,» and adding the words «force and» before the word «effect» in the proposed definition.

Oklahoma's current constitutional provision only allows for the impeachment of «the Governor and other elective state officers, including the Justices of the Supreme Court... [and]... Judges of the Court of Criminal Appeals.»

We are not aware of any criminal statue or constitutional provision that says Legislators are immune from the Criminal Code.

In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been applied by the courts, or has not been applied in a very long time.

Massachusetts is The Good Humor State — not just a statute, but an actual constitutional provision (Part The second, Chapter V, section II), says:

However, no violation of any Constitutional provision.

The verdict in effect states that the accused is guilty or innocent of violating the constitutional provision.

Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

[15] Thus, «in addition to case law dealing with the same issue of law, an interpretation or application of a statute, a procedural rule, or a constitutional provision may be the basis for granting certiorari review.»

There may be a constitutional provision against «excessive bail,» but the definition for this varies considerably with each person that the line can often be difficult to draw.

Under State v. Kirk, the court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.

Moreover, it would remove the exiting constitutional provision that «disqualifies» (suspends) a judge from office after the Judicial Inquiry Commission files charges until a final determination of the case against the judge.

When Justice Abella blessed, as a priest would, the constitutional right to strike, she undermined the rule of law and the separation of powers by going well beyond the original meaning of the constitutional provision at issue.

Judicial restraint is a self - imposed limitation, whereby a judge is less willing to give effect to a constitutional provision out of deference to democratic lawmakers.

«The only effect of a positive vote will be to make same - sex couples, and their families, unequal to everyone else; this is discrimination in its rawest form... There is no Massachusetts precedent discussing, or deciding, whether the initiative procedure may be used to add a constitutional provision that purposefully discriminates against an oppressed and disfavored minority of our citizens in direct contravention of theprinciples of liberty and equality protection by Art. 1 of the Massachusetts Declaration of Rights.»

The contention ignores the fact that the writ calls for books, and not for oral testimony; and, aside from this, neither the constitutional provision nor the statute accords the right to be apprised of the names of the witnesses who appeared before the grand jury.

SJR 4 Repeals constitutional provision allowing for the establishment of a mandatory retirement age.

I am unable to concur with my brethren, and if the application of a constitutional provision, indeed a constitutional provision whose purpose is the protection of personal liberty, were not involved, I might not even signify opposition.

There are two state courts of last resort that require supermajorities to strike down laws, but both are because of a constitutional provision, not a mere statute.

This constitutional provision also implied that also such person with merits to the State of Lithuania who was a citizen of another state could be accepted as a Lithuanian citizen.

Nearly every state has a constitutional provision related to judicial salaries and compensation, however they vary widely in terms of whether or not such items can be reduced or increased (as was the case in Arkansas for decades) and if so under what conditions.

In a thoughtful answer to a reader's question related to Roper v. Simmons — namely, why the Missouri Supreme Court invoked the Eighth Amendment, rather than using Missouri's own state constitutional provision of the same language — professor Eugene Volokh weighs in on the effect of 51 bills of rights:

Absent a constitutional provision of an applicable statute, the BC courts are bound by decisions of the Supreme Court of Canada on the issues before them.

The «weigh stations» found on major highways for large trucks, which are mostly used to gather data used to allocate registration fees for trucks among the states based upon economic reality, are the main practical residuary impact of this constitutional provision.

Interestingly, and unlike a similar salary commission on the ballot in Arkansas in 2014, the Kentucky version retains the constitutional provision that protects a diminishment of judicial compensation («The compensation of a justice or judge shall not be reduced during his term.»)

In exercising restraint, a judge may even fail to give effect to a constitutional provision.

Something as simple as an innocent typo could change the entire meaning of a court decision, constitutional provision, or statute.

Fast forward a quarter - century and this news about a new Canadian court ruling shows our neighbor jurists to the north have a much different conception of what kind of mandatory drug sentence violates a constitutional provision precluding cruel and unusual punishments.

However, this was a special case, as the constitutional provision (the 18th Amendment) that allowed the act in the first place had just been repealed (by the 21st Amendment).

The constitutional provision for federal control of bankruptcy law, of course, did not go into effect before 1789.

As an example of a constitutional provision creating an independent judiciary, Article III of the US Constitution:

Under SJR 4 as approved by the legislature in late June the constitutional provision allowing the legislature to set a retirement age would be stricken.

In these cases the SCC has arrived at fairly pro-EU results: the SCC decided that preliminary references from Spanish courts to the CJEU take precedence over constitutional questions submitted to the SCC, and that a non-transposed, directly - effective EU Directive can be taken as a factor in the interpretation of a constitutional provision.

«Photographer Seneca Ray Stoddard toured New York State with a slide lecture,» she explains, «showing the devastation of the Adirondacks by lumber companies and was instrumental in the passage of the state constitutional provision protecting the Adirondack Park.»

The Fund for Women's Equality is a charitable organization, working to raise awareness on gaps in the law that leave women without legal recourse from sex discrimination, and developing educational resources on the need for a constitutional provision to protect and promote equal rights for women.

Now the Supremes have to weigh that against the constitutional provision regarding right to bear arms and what it really means.

But the department denied a request from Trinity Lutheran Church, a licensed preschool and daycare, for these funds, citing a Missouri state constitutional provision that prohibits distributing public funds to religious organizations.

An obscure and often misunderstood corner of state government, the local mandate program derives from a Constitutional provision that prevents the Legislature from imposing requirements on cities, counties, school districts and other local jurisdictions without also providing the funds needed to cover the costs.

Though Blaine's effort was unsuccessful at the federal level, most states adopted some version of his proposed amendment, often in addition to an earlier constitutional provision prohibiting the «compelled support» of religion.

This is because the North Carolina Constitution does not have a «Blaine Amendment,» a constitutional provision prohibiting states from appropriating money to sectarian schools.

The court also sent a case back to the Supreme Court of New Mexico, which had upheld the exclusion of religious and private schools from a state textbook - lending program based on a similar constitutional provision.

The statewide teachers union, the Florida PTA, the Florida School Boards Association and other groups filed the lawsuit in August, arguing the tax credit scholarship program unconstitutionally created a «parallel» system of publicly supported schools and violated a state constitutional provision barring state aid for religious institutions.