Sentences with phrase «constitutional purpose of»

Not exact matches

What then is the purpose of constitutional review?

That is the purpose of a «constitutional shield.»

He held that «the religious nature of the recipient should not matter to the constitutional analysis, so long as the recipient adequately furthers the government's secular purpose.»

Skepticism is important sometimes, but this sort of constitutional power play is rarely employed even in those cases, such as nonestablishment cases, where the purpose of a policy is important to its constitutionality.

A group of adoptees and «birth parents», opposed to the new law, promised upon the bill's passage to mount a constitutional challenge to it, and retained noted Toronto lawyer Clayton Ruby for this purpose.

An inkling of the movement for constitutional reform at the practical level of electoral politics may be traced to the Joint Commission on the Constitution set up in 1981 by the Alliance, with the purpose to «examine the policies for reform of the British constitution, in particular of the electoral system... that our parties should present together at the next election for implementation» (Joint Liberal / SDP Alliance Commission on Constitutional Reconstitutional reform at the practical level of electoral politics may be traced to the Joint Commission on the Constitution set up in 1981 by the Alliance, with the purpose to «examine the policies for reform of the British constitution, in particular of the electoral system... that our parties should present together at the next election for implementation» (Joint Liberal / SDP Alliance Commission on Constitutional ReConstitutional Reform 1983: 1).

They argue that 18 - year - olds are considered adults «for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights».

But, neither age has constitutional stature for purposes other than voting and prior to 1971, in the midst of the Vietnam War, when the 26th Amendment was adopted, the age 18 had no formal significance in the constitution.

Since the US Constitutional Quorum for most purposes is a majority of each house of Congress, can bills pass that house with a majority of the quorum or do they need a majority of the total seats of that house to pass?

The unique democratic purpose of New York's periodic constitutional convention referendum is to implement New Yorkers» inalienable right to alter their constitution in cases where the interests of the legislature and people conflict.

If Labour, the Liberal Democrats, the Greens or the SNP were pushed to define the nature and purpose of a UK constitutional convention, it is almost certain that any consensus would fall apart very quickly.

«Further attestation to the existence of the two forces of opposite direction under the Buhari's dictatorial presidency is the recent launch of online signature project spearheaded by a risen constitutional lawyer and Georgetown University law scholar, Ms Carol Ajie; for the purpose of compelling President Buhari to obey court orders and other judicial consequential pronouncements or resign or be impeached.

Constitutional reform and governance bill The purpose of the bill is to rebalance the relationship between parliament, the government and the public and to reinforce transparency and accountability across government.

The NRA immediately filed a lawsuit against the state on Second Amendment grounds, arguing that 18 - year - olds are considered adults «for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights,» and therefore should not be prohibited from purchasing rifles.

A constitutional convention is not the only means of achieving these purposes.

If approved by voters those propositions will: 1) Create a redistricting commission to draw the new state legislative and House of Representatives» district lines every 10 years, with the commission members appointed by the state legislative leaders, 2) amend the current constitutional requirement of distributing paper versions of proposed bills to state legislators to allow for electronic distribution and 3) authorize New York State to borrow up to $ 2 billion for school funding, with a stated purpose of «improving learning and opportunity for public and nonpublic school students», including the purchase of equipment, expanding school broadband access, building classrooms for pre-K and replacing trailers and installing «high - tech security features.»

Through a constitutional convention, we can demand transparency to backroom dealings in Albany by mandating public oversight of budgetary decisions and requiring narrow, set purposes for all money funneled into the budget.

Lerner says Common Cause has analyzed the details of the bill authorizing the constitutional change, and has found a number of technical loopholes that she says keeps the power to manipulate the lines well within the hands of the legislature, including the ability to continue to add additional Senate seats for political purposes.

The NRA argues people who are 18 years old are considered adults «for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights.»

The intended purpose of a quorum call is to establish the presence of a constitutional quorum, but senators routinely use them to waste time while waiting for the next speaker to come to the floor or for leaders to negotiate off the floor.

There are three ballot propositions on the November ballot: 1) Creation of a redistricting commission to draw the new state legislative and House of Representatives» district lines every 10 years, with the commission members appointed by the state legislative leaders, 2) amend the current constitutional requirement of distributing paper versions of proposed bills to state legislators to allow for electronic distribution and 3) authorize New York State to borrow up to $ 2 billion for school funding, with a stated purpose of «improving learning and opportunity for public and nonpublic school students», including the purchase of equipment, expanding school broadband access, building classrooms for pre-K and replacing trailers and installing «high - tech security features.»

Augusta, Maine — Members of the Maine Green Independent Party represented the majority of the six signers on the citizens initiative to order the Legislature to call on a Constitutional Convention, with the purpose to overturn the Supreme Court's «Citizens United» decision and end corporate personhood.

The mission and purpose of HOME is to support homeschooling families in their God - given and constitutional right and responsibility to oversee the education of their children.

Because the program is neutral with regards to religion and, as the trial court found, has the secular purpose of expanding educational opportunity, there is no constitutional violation.

They do so today for countless purposes, typically to claim a right to free and edgy speech on T - shirts or banners under the First Amendment, to assert rights to education of the handicapped under the federal Individuals with Disabilities Education Act, and to ask for more school spending under state constitutional provisions that are said to guarantee an equitable or an adequate education.

Two Illinois courts of appeals held that Illinois» tax credit for educational expenses is constitutional because it has a clearly secular legislative purpose of ensuring a well - educated citizenry and relieving public expense, has the primary effect of effectuating those purposes, and involves no more government entanglement with religion than many other state tax laws.

There is a constitutional amendment proposed in Florida to define the purpose of education the development of the intellect and preparation for the workforce.

The U.S. Supreme Court, in Zelman vs Simmons - Harris, has previously ruled that vouchers are constitutional because the primary purpose of the funds are to fund a child's education, not support a religious school.

«The Education Code expressly allows a school district to deviate from... seniority for... purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws,» said the ruling from Judge William F. Highberger.

A Las Vegas judge on Wednesday ruled Nevada's controversial new school choice bill does not violate a constitutional ban against the use of taxpayer money for religious purposes.

The plaintiffs in Duncan v. State of Nevada (see Legal Clips for background on suit) asserted a constitutional challenge to SB 302, alleging that it diverts public funds to private schools, many of which are religious, in violation of Article 11, Section 10 (which prohibits public funds from being used for sectarian purpose).

In deciding these cases, courts have exposed the claims of charter schools as being at odds with the nature and purpose of the constitutional right to an adequate education.

The NRA argues people who are 18 years old are considered adults «for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights.»

Just last month, citing a part of the education code that says that a district may deviate from seniority (f) or purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws, Superior Judge William Highberger ruled in favor of the plaintiffs.

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

The mission and purpose of HOME is to support homeschooling families in their God - given and constitutional right and responsibility to oversee the education of their children.

The mission and purpose of HOME is to support homeschooling families in their God - given and constitutional right and responsibility to oversee the education of their children.

I am a huge fan and supporter of CMD, but like too many other groups, they are throwing around the inaccurate term «constitutional convention» for partisan purposes.

The nuanced complexity of video games has resulted in an inconsistent application of legal principles drawn from multiple fields, including Intellectual Property Law, Constitutional Law, and Business Law.Loading Law launched in October 2013 with the purpose of providing both current and practical analysis of developing legal issues in video games.»

The purpose of the ministerial exception is to prevent constitutional problems of interference with church affairs.

Four purposes of such adjudication can be distinguished: ensuring that the legislature does not overstep constitutional boundaries; protecting the rights of individuals in specific situations; resolving inter-institutional disputes; and ensuring the integrity of the political office and process.

must be interpreted so as not to violate the Charter, wherein a seizure and dissection of the individual's body contradicts the purpose of the constitutional exemption, which is aimed to protect the dignity of the individual.

«In Gonzales v. Raich, the Supreme Court rejected a constitutional challenge to the Controlled Substance Act, as applied to the cultivation, possession and use of cannabis for medical purposes as recommended by a physician and authorized by state law.

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

However, even if this position were changed and the government argued that notice was revocable, for the purposes of UK constitutional law the consequences remain binary: if notice is not revoked then the salient consequences determining the question as outlined by the High Court will proceed; if notification were revoked then such consequences would not occur.

Does this way of working fit in with the purpose of the ECJ as almost a «constitutional» court in a way?

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

For instance, the Venice Commission, an organ of the Council of Europe whose purpose is to provide legal advice in the field on constitutional law, issued an Opinion no. 523/2009 on the retroactivity of statutes of limitations, making clear that other approaches were possible.

It held that hung juries on counts should be ignored for constitutional purposes as if that the trial of that count never happened.

Although the imposition of the penalties on Mr Fransson is based on the VAT directive, he does not consider this «sufficient for the purposes of transferring the review of any constitutional guarantees applicable to the exercise of that power from the sphere of responsibility of the Member States to that of the Union.»