Sentences with phrase «division of power»

Canada's privacy law is already hobbled by the constitutional division of power.

[r] ules about who makes law and how (e.g., bicameralism in Congress, the division of power between the federal and state governments) are examples of secondary rules; so are rules about whether and to what extent the government can regulate areas of conduct like speech and religion.

Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times Blog as saying: «This decision is a potential constitutional game changer, going forward, we could see more division of power and jurisdiction - based cases being challenged in the courts.»

There are societies with division of labor but not division of power.

Depending on road conditions, a multiple - plate clutch operated by an electric motor and controlled electronically is able to vary the division of power as required, if necessary feeding up to 100 percent of the engine's power and torque either to the front or to the rear wheels.

Rather than maintaining a constant division of power between the front and rear axles, the CX - 5's AWD monitors wheel speed and vehicle traction so it can automatically vary how much grunt it sends front and rear.

Many teachers do not question the fact that they have a shared responsibility with parents for educating children, despite anecdotal evidence that this division of power can be problematic for both parties.

The governor explained that Nigeria's present political structure was seriously affecting the efficiency of both State and Local governments, submitting that for States to give optimal service to their citizens, the principle of inclusion as being practiced in Lagos where anybody irrespective of race or creed can rise to the pinnacle of their chosen career, first needs to be applied to the division of power between the Federal and State governments.

The USA was designed as a Constitutional Republic, with checks - and - balances between the branches of the federal government, and also division of power between federal state and local governments.

The status quo is usually a quite top - down division of power, so those can be considered right - wing.

In Romania's division of power, it's the president who is in charge of foreign visits and any foreign trips by the premier have to be authorized by the president.

Hard though it must have been to say it, the Great Isaiah, facing Zoroastrianism's division of power between Ahura Mazda and Angra Mainyu, insisted that the one God alone was the responsible creator of the world, with its light and its darkness, its good and its evil.

Or will an even division of power obtain?

Still less does being ethical mean never permitting any agency to bring injury to anyone; for not permitting this might be possible — owing to the division of power — only at the cost of greater injury through interference with other powers.

There may be an increasing division of power between national governments and international ones of this sort.

Amazon is, as Brian Ferguson writes in The Atlantic, exploiting an «advantage of the American system,» the division of power between states and the federal government.

Our premiers and governors have essential roles in this process, given the constitutional divisions of power in our federal systems.

Federalism is based on shared principles including respect for the constitution and the division of powers, while being aware that Quebec has not agreed to the Constitution Act, 1982, and accepting that there are differences among the provinces and territories and that governments may have different policy priorities and preferences.

The short answer is that it can't, and that's why the Constitution sets out a division of powers between the federal and provincial governments.

In the 18th century Baron Montesquieu admired the English constitution whose durability and protection of liberty he ascribed to its division of powers, including a balanced relationship between King, Lords, and Commons; an independent judiciary; and the jury system.

My fellow dissidents attach great hopes to democracy, but it is simply a better method of public management and division of powers — the least worst, as Churchill said.

The No side is now developing a more or less shared vision of the division of powers between the UK and the Scottish Parliament if Scotland votes no which would give new powers to the Scottish Parliament in the fields of tax and welfare.

Because of division of powers, in the US, this is more complex than in a parliamentary setting.

It is so Canadian to have a Privy Council division of powers decision on this issue.

The prime minister appears to have a weak grasp of the contitution and associated documents, and the historical development of the division of powers.

Rather, it was the result of a specific division of powers between the national courts and the Commission.

The course as I remember it, did not include any mention of trade or civil rights but was limited to the division of powers between the Federal Government and the provinces.

The Opinion is of exceptional length (570 paragraphs, to my knowledge the longest Opinion ever written), and contains an elaborate discussion on the nature of the division of powers between the EU and the Member States and detailed reasoning on specific aspects of the EUSFTA such as transport services, investment protection, procurement, sustainable development, and dispute settlement.

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).

The compelling logic of Delgamuukw on division of powers is now dismissed as leading to a number of «difficulties» (at para 133) and the startling conclusion that the doctrine of interjurisdictional immunity is not just out of fashion (we know that from cases like Canadian Western Bank v Alberta, 2007 SCC 22, although see paras 60 — 61 of that case on the application of the doctrine to the «Indian Cases»), but it has no role whatsoever to play in relation to aboriginal title lands (at para 151) and perhaps even more generally in relation to the entire head of power (see paras 140, 150).

It is considerably less helpful on traditional division of powers issues.

He argued that a division of powers between federal and provincial governments had already been established and that, in essence, the Council of Ministers would have authority over matters of provincial jurisdiction.

The decision addressed constitutional law matters: sections 2 (b) and 15 of the Charter and the division of powers.

According to the CJEU, this is «liable «to interfere with the division of powers between the EU and the Member States and thus inadmissible (para 225).

Landmark Charter decisions have become rarer and references to the living tree have declined in recent years.39 In one recent decision, Consolidated Fastfrate v. Western Canada Council of Teamsters, a 6 - 3 majority of the Court employed a traditional division of powers analysis and found that the appellant's business was subject to provincial jurisdiction based on the «nature of its operation» — meaning that it conducted its business entirely within the province — and the long - accepted rule that works and undertakings are generally to be regulated by the provinces.

Galati's challenge led to widespread public debate on both the judicial appointment process and areas of the constitution and division of powers.

At my law school, in addition to the common first year subjects — torts, property, contracts, criminal law, legal systems and judicial process and legal writing — we were required to take administrative law, evidence, civil procedure, insurance, constitutional law (division of powers, that is — the Charter was not yet... [more]

And, I suppose there's some reason to consider there's some basis for believing the fact that the Ontario Court of Appeal and the British Columbia Court of Appeal seem to have different views on the law regarding causation could be some basis for believing there's something about the law regarding causation that's a wee bit controversial (even accepting that the division of powers structure in the Constitution Act means that that conflict IS constitutional).

The legislation which is considered to be our founding document was an Act of the British Parliament — the British North America Act (now, The Constitution Act, 1867)-- and it described the division of powers between the national Parliament and the provincial legislatures.

It is clear that the legislative, executive and judicial division of powers which is largely followed in most municipal systems does not apply to the international setting nor, more specifically, to the setting of an international organization such as the United Nations.

Topics will include: • Genetic testing for medical reasons versus DIY genetic testing • Unexpected consequences of genetic testing and medical research • Division of powers and constitutional implications • Insurance impacts • Privacy impacts • Employment impacts

The right of provincial governments to enforce regulations to protect the environment within their borders is clearly permitted within the division of powers in the Canadian Constitution and by subsequent jurisprudence.

The country was founded on the division of powers.

Constitutionality on the basis of the division of powers does not depend on whether a given province refuses to adhere to valid and applicable federal law.

At issue was a letter now housed in Library and Archives Canada written by then - Justice (later Chief Justice) Lyman Poore Duff in 1924 to the British judge Lord Haldane, known in some circles as the «wicked stepfather of the Canadian constitution» because of his role in neutering federal economic regulatory authority in division of powers cases.

It is beyond the federal government's legislative authority, and it is also beyond any implied or inherent authority, because these powers must be exercised in conformity with the division of powers.

Constitutional law in Canada, as taught in Canadian law schools, divides neatly into two major areas of focus: federalism, including the division of powers; and the Canadian Charter of Rights and Freedoms.

The division of powers in Canada has received sustained attention from the Courts since the creation of the Canadian federation in 1867.

The approach to be taken under s. 35 in preserving existing Aboriginal and treaty rights is different from the division of powers analysis required in respect of lands reserved for Indians within the meaning of s. 91 (24).

The paper, which was also published on this website, argues that the presumption of constitutionality has entered a paradoxical state, in that it simultaneously applies to one part of the Constitution (the division of powers...