Sentences with phrase «constitutional requirements»

If the Regulators» actions do not pass any of the above constitutional requirements, then the court would declare the actions of the Regulators unconstitutional.

As Article 50 requires that withdrawal be in accordance with the withdrawing country's constitutional requirements, one could then say that at the end of the two year period, the UK would still need to be considered an EU member state unless and until Parliament granted its approval.

I think the Court of Appeal was right to say in Schindler that «constitutional requirements» is entirely up to UK law (and courts) to define.

Until that Act has been passed, the UK can not have fulfilled its constitutional requirements, and therefore can not have left the EU.

If UKSC were to accept the above analysis and consider that the «constitutional requirements» here are not acte clair, it would be bound - irrespective of parties» submissions on the point - to make a reference anyway.

A factually guilty man was acquitted of all charges because your police officers failed to follow even the most basic constitutional requirements.

But the Enbridge cases remind us that we also need a legislative scheme that ensures that Canadians have the ability to resort to the courts to seek judicial review of environmental assessment outcomes as a safeguard to ensure that statutory and constitutional requirements are being met.

Had he complied with the applicable constitutional requirements, the evidence would necessarily have been discovered.

First, the UK must comply with Art 50 of the Lisbon treaty of 2009, which says that «any member state may decide to withdraw from the union in accordance with its own constitutional requirements».

It states: «Art 50 can not have the effect of ejecting a member state from the EU contrary to its own constitutional requirements», including Parliament's final decision.

They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law, and in the context of all relevant circumstances.

It accuses Prime Minister Theresa May, David Davis, Secretary of State for Exiting the EU, and other senior ministers of deliberately misconstruing the advisory nature of the Referendum and disregarding the constitutional requirements for Article 50.

Does the possibility accorded to Penn Central, under the landmark preservation regulation, of realizing some value at some time by transferring the Terminal development rights to other buildings, under a procedure that is conceded to be defective, severely limited, procedurally complex and speculative, and that requires ultimate discretionary approval by governmental authorities, meet the constitutional requirements of just compensation as applied to landmarks?

For the second time in three years the Pennsylvania legislature has proven itself entirely unable to carry out its most basic function, which is to pass a budget — any budget — which is balanced and otherwise meets constitutional requirements.

These amendments shall not enter into force until they are approved by the Member States in accordance with their respective constitutional requirements.

The Council shall, acting unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its component members, lay down the appropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements.

The ABA resolution has four parts: a statement of the principle of civil public discourse, a call to action for the legal profession, an appeal to those who work with government and the political process, and an authorization for ABA participation in the development of legal standards and practices that promote civil public discourse that are consistent with federal and state constitutional requirements.

We craft strategies and draft legislation that achieve municipal objectives while ensuring compliance with statutory and constitutional requirements.

Our attorneys will ensure all constitutional requirements were fully met if there was a search of your property.

(d) establish conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.

On this basis, and without prejudice to the other provisions of this Treaty, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt provisions to strengthen or to add to the rights laid down in this Part, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.

If the proceeding is civil in nature, the constitutional requirements applicable in such a case must also be observed.

Article 50 (1) stipulates that a Member State may decide to withdraw from the Union in accordance with its own constitutional requirements whereas Article 50 (2) provides that the relevant Member State must notify its intention to the European Council.

However, the police must follow constitutional requirements when conducting searches and seizures.

Article 50 provides that it is for the United Kingdom to decide to withdraw from the European Union according to its own «constitutional requirements».

«Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements» [emphasisadded].

Article 50 provides that «Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.»

The United Kingdom has no codified constitution however, and there are competing theories as to what our constitutional requirements actually are.

This is not a time to tinker around the edges of reform or rush to adopt measures designed to just meet, or worse, avoid, constitutional requirements....

The Court left it open to the BC government to impose a new fee structure that meets the constitutional requirements.

It did not abandon the instrument's territorial limitations and other constitutional requirements.

I believe it is time for a thorough study of the processing of cases in courts of first resort to identify the changes we need to make to guarantee our citizens speedy resolutions of their cases while meeting constitutional requirements of due process.

In «After Brexit: The road ahead» Oliver Garner presciently discusses the post-Brexit constitutional requirements for triggering Article 50 TFEU in the UK.

Recognizing that they have an obligation to keep the information of their subscribers confidential Telus and Rogers both sought the Court to tailor the production order to respect the privacy interests of subscribers and constitutional requirements.

The substance of this will be incorporated into the Treaties at the time of their next revision in accordance with the relevant provisions of the Treaties and the respective constitutional requirements of the Member States, so as to make it clear that the references to ever closer union do not apply to the United Kingdom.»

States are required to pay for attorneys for indigent offenders, and federal agencies provide oversight to state prisons to ensure compliance with these constitutional requirements.

It is, of course, quite true that the responsibility for public education is primarily the concern of the States, but it is equally true that such responsibilities, like all other state activity, must be exercised consistently with federal constitutional requirements as they apply to state action.

«It is our responsibility to comply with Federal Constitutional Requirements, and we intend to do so when the Supreme Court of the United States outlines the method to be followed.»

However, the Union does not have any competence to compel a Member State to start proceedings even if the constitutional requirements have been fulfilled, and will only adopt a role once negotiations have begun.

Article 49 is concerned with Application; Article 50 states: «Any member state may decide to withdraw from the EU in accordance with its own constitutional requirements».

In conclusion, it is unclear exactly what the «constitutional requirements» of the United Kingdom regarding withdrawal are because such a situation has never occurred before.

What the «constitutional requirements» are is also not clear.

In addition, SB4 is already under attack by the City of Houston and other jurisdictions on numerous constitutional grounds, which focus on the constitutional requirements for arrests, searches, seizures, due process, and equal protection.

However, I would argue that the most desirable way in which the Luxembourg Court could exercise this authority would be to decide that the question of revoking notification falls under the constitutional requirements of the Member State.

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.»

This could be argued to endorse the view expressed by the author on this blog in November that the «constitutional requirements» clause in Article 50 (1) functions as the bridge between the domestic legal order and the Union legal order, and thus the giving and potential revocation of notice under Article 50 (2) is purely a matter of domestic law.

However, on this purely legal question, I would argue contra Sanchez - Graells that the UK Supreme Court does not need to interpret whether Article 50 enables or does not enable revocation of a notification in order to reach a decision on the specific question in the case of whether the United Kingdom's constitutional requirements for withdrawing from the European Union have been fulfilled.

Indeed, the fact that the «adjudication of this case» concerns such questions of the internal constitutional requirements of the United Kingdom shows that the question does not yet fall within the scope of the Court of Justice's interpretative authority because the relevant EU law — Article 50 — has not yet been activated.

If this situation were to arise, my personal opinion is that it would be desirable for the Court of Justice to determine effectively that revocation of notification is permissible in EU law if such revocation is in accordance with the constitutional requirements of the withdrawing Member State.

(Indeed, elsewhere I have argued that every Member State should clarify their «constitutional requirements» for withdrawal).