Sentences with phrase «court constitutional authority»

Not exact matches

The Polish government is in talks with the authorities in Brussels to ensure its changes to the constitutional court would not affect democracy.

That said, the vast majority of British Columbians — including one - third who currently oppose the project — say a court ruling that its provincial government does not have the constitutional authority to block the project would be enough to give in and allow the pipeline to be twinned.

B.C. Environment Minister George Heyman announced Wednesday that his government would file a reference case with the B.C. Court of Appeal by the end of the month to test whether the province has the constitutional authority to limit imports of diluted bitumen from Alberta.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.

John Hart Ely writes that the Supreme Court «is under an obligation to trace its premises to the charter from which it derives its authority» before it may make any constitutional pronouncement.

In Roe v. Wade and related decisions, the Supreme Court has gambled its authority, and with it our constitutional order, by coming down on one side of this great conflict.

Few believers are likely to pledge their allegiance to a government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the Constitution» can systematically close off any form of political opposition by declaring it to betray the «inevitable inference» of animus.

That decision was constitutionally incorrect, they insisted, and amounted to a federal court's usurpation of the constitutional authority of the states.

Therefore, they contended that a lower federal court in Little Rock had no constitutional authority to order the desegregation of public schools in Arkansas on the basis of the Brown decision.

The Court, in a judgment on a suit with reference number FHC / L / CS / 1098/07 filed by fishermen operating in Eti - Osa Local Government Area of the State, held that the National Inland Waterways Authority (NIWA) lacked the Constitutional power to regulate inland waterways within the State.

He carried this bad habit of usurping the Attorney - General's functions into his Presidency which I resisted as the Attorney - General with all the constitutional authority at my disposal and proved in the Supreme Court decisions in the Attorney - General, Waterville & Woyome case, and the Attorney - General, Isofoton & Forson case which the White Paper also tries again to bastardize.

The letter requested that Judge DiFiore use her constitutional authority to protect the civil rights of immigrants and uphold the sanctity of New York's courts.

Under Supreme Court constitutional interpretation, since individual states never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth Amendment.

«Is this then not a President (with the Executive Authority including all policing powers) who is intimidating me simply for exercising my constitutional right to access to justice before the Supreme Court?»

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

Congress exceeded its constitutional authority when it amended the federal Age Discrimination in Employment Act of 1967 to cover states and their political subdivisions, such as cities and school districts, the U.S. Supreme Court ruled last week.

Lawmakers also turned aside an effort to pass a constitutional amendment that would have stripped the court of its authority over school finance and left all school funding decisions to the Legislature and governor.

Noting that the «parties devote a significant portion of their briefs discussing the question whether the constitutional provisions at issue in this case are so - called «Blaine amendments»» originally motivated by anti-Catholic nativist sentiment, the court found that «none of the parties has produced any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives.

«The Court of Appeals decision undermines the constitutional authority of the legislature to craft education policy.

Reacting to Wednesday's decision, School Board Vice Chairman Frank Barbieri said he would urge fellow board members to appeal the decision in court, arguing that the school board «lawfully exercized its constitutional authority in denying this charter.»

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

The federal announcement was in regards to the reference question NDP Premier John Horgan's government filed with the BC Court of Appeal under the provincial BC Constitutional Question Act to determine whether the province has the authority to seek permits from companies wanting to ship more bitumen through the province.

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes.

We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).

In one blistering paragraph, Zywicki writes, «Leaving aside all of the intellectual arguments for whether the Court should or should not rely on international law for constitutional guidance, it is hard to escape the conclusion that the Court's periodic reliance on world legal opinion is purely strategic rather than sincere, perhaps to dress up the Court's personal predilections in the guise of legal authority.»

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.

The divisional court's finding on constitutional statutes relied on authorities not put to counsel, which raises the question of whether or not it is binding.

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.

This seventh and final installment looks at efforts to change state constitutional grants of rulemaking authority to courts of last resort, typically called the «supreme court», or judicial councils.

Yesterday, the Czech Constitutional Court ruled in favour of David Vratislav, a 24 - year - old young man suing the local authorities for failing to provide him with the social services he needed.

A constitutional amendment up for a vote in Arkansas would transfer some judicial rule - making authority to the legislature, and this would allow the legislature to overturn a 2013 state supreme court decision to strike down a tort reform law.

For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

The Morrison court then rejected the claim that there is such constitutional authority.

«Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.»

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origiCourt, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origicourt, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

Defendants argue that this court should strike the two sentencing allegations for three reasons: 1) The allegations are prejudicial surplusage; 2) The government does not have statutory authority to include sentencing allegations in an indictment; and 3) Presenting sentencing allegations to a jury for proof beyond a reasonable doubt to increase defendants» sentences violates the constitutional principles of separation of powers and the prohibition against the legislative branch delegating its powers to the executive branch.

Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction.

The authority for the establishment and maintenance of the Bar as an integrated bar association is a 1949 rule of the Supreme Court based on the Court's constitutional authority to regulate the practice of law in Florida.

Law dictionaries made by private corporations don't have authority over states or their courts, which ultimately derive their power from their constitutions and legislation made by their constitutional legislatures and the people's support of them.

If the Supreme Court were to act thus it would be asserting an authority over Parliament that is flatly ruled out by our constitutional tradition: an assertion of judicial supremacy of this kind would be a coup not a judgment.

Having concluded that, as a matter of empirical fact (on which more below), the fees at issue deter substantial numbers of people from pursuing their claims, the Court asked itself whether «the text of» the statute pursuant to which the fees were imposed by the executive, «but also the constitutional principles which underlie the text, and the principles of statutory interpretation which give effect to those principles» [65] provided authority for setting the fees at their current level.

Supreme Court Rules on Bankruptcy Courts» Constitutional Authority, Leaves Key Question Unanswered - Business Restructuring, Creditors» Rights & Bankruptcy Update

The defense, such as it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to trial.

Their reaction can be a refusal to give effect to an act of the IO, following a finding that the act was outside the scope of authority of the IO -LSB-...] or incompatible with another set of norms, be it international norms (such as a jus cogens norm or a human rights norm) or a norm of the domestic legal order that has precedence over the act of the IO (such as the practice of the German constitutional court in the cases involving judgments of The ECJ and the EctHR).»

Historically, constitutional authority appointing Supreme Court judges rests with the federal Cabinet by way of Order in Council.

Commenting on the symposium in a post Monday at SCOTUSBlog, University of Minnesota law professor David Stras questioned whether Congress has the constitutional authority to force the Supreme Court to allow cameras.

While the particular issue should not now recur since as from 1 October 2007 a National Framework for NHS Continuing Health Care And NHS - Funded Nursing Care (the NHS National Framework) requires local authorities and PCTs to agree a dispute resolution procedure which would not in the first instance require proceedings in court, the case nevertheless does provide some valuable insight into the scope of judicial review and the legal and constitutional standing of PCTs, in relation to local social services authorities.

Although we have authority to deflect cases to the Court of Appeals, which relieves much of the load, the more difficult and complex cases, plus all cases involving constitutional questions, death penalty, first impressions, newly developing law and a whole litany of special subjects (election contests, utility rates, annexations, bar and judicial discipline matters, etc.) are assigned to our Court.

If any act of Congress or of the legislature of a state violates those constitutional provisions, it is unquestionably void, though I admit that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority but in a clear and urgent case.

Smlouvyo 4, paragraph 2 of the European Union and Article 3, paragraph 1 of Council Regulation (EC) No 1408/71 (or Article 4 of the European Parliament and Council Regulation (EC) No 883/2004), the fact that the Czech authorities could zaokolností what vprojednávané things, provide preferential treatment (kdávce compensatory allowance at the age where the amount of benefits granted under Article 20 of the Treaty concluded 29th 10th 1992 between the Czech and the Slovak Republic on Social Security and Council Regulation (EC) No 1408 to 1471 (Regulation č.883 / 2004) lower than the dose that would be received, if the pension calculated under the laws of the Czech Republic), only citizens of the Czech Republic, if ktakovému treatment creates a fundamental right to security in old age unloaded by the Constitutional Court of the Czech Republic specifically in relation kdobám pension acquired vzaniklé CSFR and perceived as part of the national identity, and, if such treatment is stonarušit right of free movement of workers as a fundamental right of the Union, a situation kdybyposkytnutí reciprocal treatment accorded to nationals of EU Member States kteřítakézískali vzaniklé CSFR equivalent of pension security led kvýznamnému threat from the financial stability of the pension fund of the Czech Republic?