Sentences with phrase «constitutional validity»

He presents the interesting dillema of the Constitutional Chamber of the Supreme Court of Justice of Costa Rica, and the «judicial impossiblity» in their ability to assess their own constitutional validity.

Syncrude, a crude oil producer operating in Alberta, challenged the constitutional validity of a provision of the federal Renewable Fuels Regulations requiring that all diesel fuel produced, imported, or sold in Canada contain at least two per cent renewable fuel.

And, in many cases, it makes the constitutional validity of government policies depend on judicial speculation about legislators» motives.

The former Lord Chief Justice said last year: «I simply can not accept the constitutional validity of a referendum, which is offered to the public only because political parties of one side or another are not too happy about whether they will give a show of party unity in the House of Commons if the issue is debated.»

Lord Judge, left, has said he «can not accept the constitutional validity of a referendum» while Lord MacGregor told the Lords the referendum vote should not be regarded as final

«To that extent, the decision of the Ekiti state government to ban Dr Kayode Fayemi from politics can not stand the test of constitutional validity.

There seems to be little question of the constitutional validity of large parts of CASL.

To counter the negative impact, the Saskatchewan government proposed legislative changes to the provincial Marriage Act and requested the Appeal Court's opinion on the constitutional validity of two possible amendments:

After the trial judge made a finding that it was beyond a reasonable doubt that respondent was in possession of a narcotic, respondent brought a motion challenging the constitutional validity of s. 8 of the Narcotic Control Act.

The Immigration Judge held that he had no authority to rule on the constitutional validity of § 244 (c)(2).

In R. v. Smith, [1987] 1 S.C.R. 1045 the Court had held that a challenge to the constitutional validity of a mandatory minimum sentence requires a twofold analysis: (a) the court must first determine what constitutes a proportionate sentence for the particular offence; and, (b) the court must then determine whether the mandatory minimum sentence requires that a sentence be imposed that is grossly disproportionate.

If the constitutional validity of s. 241 of the Criminal Code is to be reviewed notwithstanding Rodriguez, it is for the Supreme Court of Canada to do so,» wrote Justice Mary Newbury in the majority decision, with Justice Mary Saunders concurring, in Carter v. Canada (Attorney General).

So much so that it went to court to challenge the constitutional validity of the City's ability to pass the by - law.

The Federal Court, established to administer federal law, and drawing on implied powers it and its predecessors have had for almost a century - and - a-half to determine the constitutional validity, operability and applicability of laws before it, can apply the doctrines of paramountcy and interjurisdictional immunity.

(4) The Attorney General of Canada shall be notified and is entitled to make submissions to the court if the question relates to the constitutional validity or constitutional applicability of an Act, or of a regulation or by - law made under an Act, of the Parliament of Canada or the Legislature.

The Supreme Court of India has recently been asked to consider the constitutional validity of a triple talaq — the oral divorce found in the practice of Islam.

The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by - law made under such an Act or of a rule of common law is in question.

Today, November 30, 2011, at 10:30 a.m. the British Columbia Supreme Court released its decision concerning certain challenges to the constitutional validity of the Immediate Roadside Prohibition (IRP) legislation.

Many of the key court decisions were the results of the hard - working lawyers at Acumen Law including court decisions on the constitutional validity of the IRP law.

More recently, however, the Australian High Court unequivocally affirmed the constitutional validity of their International Arbitration Act and in doing so established the independence of arbitral authority from review for legal error.

Working in a an academic law library that is open to the public I've found that it is often on Friday, and more specifically, Friday afternoon that the individual who wants to challenge the constitutional validity of income tax arrives at the library looking... [more]

One which recognizes that public interest litigation assists everyone, including the government, by ensuring the constitutional validity of their decisions.

Douglas upheld the constitutional validity of Canada's public nudity laws stating,...

Booked for criminal defamation, personalities such as BJP leader Subramanium Swamy, Congress vice-president Rahul Gandhi and Delhi Chief Minister Arvind Kejriwal had moved the Supreme Court, challenging the constitutional validity of the law on criminal defamation, as defined in the IPC.

As a litigator he argued the Lavigne case in the Supreme Court of Canada, which upheld the constitutional validity of the Rand (agency) formula and (contrary to U.S. jurisprudence) confirmed the right of unions to use union dues for political causes.

Dahlia Lithwick wrote about the litigation of the Joe Arpaio pardon, with the district judge hearing from numerous amici about the constitutional validity and effect of the pardon.

Working in a an academic law library that is open to the public I've found that it is often on Friday, and more specifically, Friday afternoon that the individual who wants to challenge the constitutional validity of income tax arrives at the library looking for an orientation to our legal system and advice on the best way to prove that income tax is illegal, or substitute whichever conspiracy theory you like in here.

This will go several appeals to higher courts and may eventually end up in the supreme court for a ruling on the constitutional validity of such requests regardless of who are making them.

Douglas upheld the constitutional validity of Canada's public nudity laws stating, «requiring people to wear some modicum of clothing when in public is a reasonable limit.»

It was ruled that although the former sex worker and the lobby group lack private interest standing, they do meet the criteria for public interest standing to challenge the constitutional validity of the provisions in issue, stating:

of the constitution and therefore such direction has to pass the twofold test of legislative competence and constitutional validity.

The direction of the RBI seeks to paint all the entities in the trade of crypto with the same brush, which can not sustain the test of constitutional validity.

The said move taken by RBI is the direct infringement of the fundamental right to carry on trade guaranteed to the crypto exchanges in India under Article 19 (1)(g) of the constitution and therefore such direction has to pass the twofold test of legislative competence and constitutional validity.

Notwithstanding the laws» constitutional validity, or otherwise, these laws can be repealed today without prolonged judicial deliberation.

I summarise Wurridjal v Commonwealth (Wurridjal)[2] in which the High Court examined the constitutional validity of compulsory acquisition under the Northern Territory intervention.

The High Court also ruled against the WA government's challenge to the constitutional validity of the NTA arguing it was outside of the Commonwealth's power and exceeded the federal nature of the Constitution.