The arguments in the Brexit litigation over Article 50 TEU were effective because, as incorporated, the EU Treaties had given rise to domestic rights that could not simply be abrogated by the executive
exercising prerogative powers.
Probably the best case that the President can make is that he was
exercising his prerogative by clearing the deck for his own appointees.
Now, the executive branch has effectively preempted one house of the Legislature from
exercising its prerogative to say no.
We do it to help you build airports and highways for your use, of course (but also so that we may the more easily
exercise our prerogatives of adjacency).
Radio presenter Salifu Maase, aka, «Mugabe» and two radio panellists: Alistair Nelson and Godwin Ako Gunn, who have all been jailed by the Supreme Court for four months for contempt, have, through their lawyers, sent a petition to President John Mahama to
exercise his prerogative of mercy on them.
After their incarceration, a group calling itself Research and Advocacy Platform (RAP), opened a petition to collect signatures in the bid to persuade the president to
exercise his prerogative of mercy to pardon the trio.
The clearest route would be to abolish the monarchy and replace it with an elected presidency, which would
exercise the prerogative power over dissolution.
Former Attorney General and Minister for Justice, Martin Amidu, has said there is nothing wrong with calls for the President to
exercise his prerogative power of mercy, in the case of the Montie FM trio, jailed four - months by the Supreme Court for contempt.
Speaking to Class News, Edudzi Tameklo, one of the lawyers for the convicts said: «It is much ado about nothing and I make this point because... the president is opportune to
exercise his prerogative of mercy [and will] not do that on the basis of how many petitions or signatures have been [collected].
Article 72 of the country's constitution gives the President, in consultation of the Council of State, the power to
exercise a prerogative of mercy to convicts, but the Policy Advisor for the PPP, Kofi Asamoah Siaw, told Citi News any decision by the President to revoke the sentencing will «be a slap in the face of the judiciary».
And since I get to name my own workout, I will
exercise my prerogative to blatantly plagiarize song names and turn them into my workout names...
The PM may merely need to
exercise his prerogative power.
As the realisation of the systemic weakness of fiat currencies becomes apparent contrasted with the groundswell of cryptocurrency, the executive committee of central banks, including governors, presidents and chairpersons - will call emergency meetings to
exercise their prerogative to deviate from the current investment policy for reserves management.
The one limit to the pass is that they are not allowed to
exercise a prerogative if it forces you to do something that you feel uncomfortable doing.
Not exact matches
By
exercising the divinely mandated
prerogative to take the life of convicted murderers, the state neither makes itself into an idol nor cancels the possibility for individual repentance.
In redefining marriage and the family, the state not only embarks on an unprecedented expansion of its powers into realms heretofore considered prior to or outside its reach, and not only does it usurp functions and
prerogatives once performed by intermediary associations within civil society, it also
exercises these powers by tacitly redefining what the human being is and committing the nation to a decidedly post-Christian (and ultimately post-human) anthropology and philosophy of nature.
Christians who believed that Jesus was divine
exercised the widespread Hellenistic
prerogative of having their hero also born exceptionally.
While the Reformation declared continually that all Christians hold the «keys» in common (not a
prerogative of priest or bishop), nevertheless these keys were to be
exercised only when authorized by the community.
In view of all that inheres in the first four «words» and in the light of what is there already affirmed both explicitly and by inference; in consideration of ancient Eastern modes of thought and the characteristic psychological identification one always made of his own life with the life of immediate and also more distant progenitors; in recognition of the meaning of Covenant, together with Israel's faith in God's creation and his continuing
exercise of the powers and
prerogatives of Creator and Sustainer - in acknowledgment of all this it is apparent that the intention of the fifth commandment is to establish and perpetuate not merely the parental but by and through the parental the divine claim upon every life in Israel.
This arrangement now makes it possible to bring a third party into the
exercise of parental authority without thereby removing the actual parent's
prerogatives.
Our clients have directed us in the circumstances to petition His Excellency the President of the Republic to
exercise his powers of
prerogative of mercy under Article 72 of the Constitution of Ghana».
Government Ministers
exercise the majority of the
prerogative powers either in their own right or through the advice they provide to the Queen which she is bound constitutionally to follow.
Most of the Monarch's legal powers were lost by the start of the century — the
prerogatives of the Crown were and still are
exercised by those accountable to the Parliaments of the United Kingdom — but the Monarch's political influence has also declined.
In the UK the power to make (and unmake) Treaties has long been a Royal
Prerogative exercised by the Prime Minister.
The most important
prerogative still personally
exercised by the monarch is the choice of whom to appoint Prime Minister.
We have
exercised that
prerogative here.»
Brown himself has floated the idea that parliament should decide the calling of elections, as if this is a great advance from a Prime Minister's
exercise of royal
prerogative.
Conservative leader David Cameron has also stated that «the time has come to look at those [
prerogative] powers
exercised by ministers.Giving parliament a greater role in the
exercise of these powers would be an important and tangible way of making government more accountable».
«Individual legislators rarely if ever even attempted to
exercise the traditional
prerogatives that we expect of congressional legislators: voicing serious dissent, pushing an individual legislative agenda, conducting open hearings on contentious issues of public policy,» he wrote.
Prior to this, the power to dissolve Parliament was a royal
prerogative,
exercised by the sovereign on the advice of the prime minister.
JOINT PETITION TO YOUR EXCELLENCY, JOHN DRAMANI MAHAMA, PRESIDENT OF THE REPUBLIC OF GHANA, FOR THE
EXERCISE OF YOUR
PREROGATIVE OF MERCY UNDER ARTICLE 72 OF THE 1992 CONSTITUTION
However, Parliament and the Government
exercise their powers under «Royal
Prerogative»: on behalf of the Monarch and through powers still formally possessed by the Monarch.
If the Thruway Authority does not rescind its proposed 45 percent toll hike, the State Legislature should
exercise its oversight
prerogative and cut the Thruway Authority's 2013 operating budget by the same amount of revenue expected from the toll hike.
In such circumstances Corbyn would in effect have the ability to embark on disarmament on his first day in office because the prime minister is the sole person who
exercises the royal
prerogative — the monarch's power to wage war and sign treaties.
Opponents, which include the California Teachers Association, have argued the bill could result in requiring districts to bargain aspects of the system, evaluation criteria - for instance - which could intrude on the school districts rights to
exercise managerial
prerogatives, according to staff analysis.
As an aspect of the sovereignty of Parliament it has been established (during the original English Civil War) that the Government of the day can not by
exercise of
prerogative powers override legislation enacted by Parliament.
I do think there may be a good argument that a grant of a title by letters patent under the
prerogative can be revoked by the
exercise of the same
prerogative.
Its
exercise in the context of a clearly provincial power — the regulation of a profession within the province — is not likely to be overridden by some federal
prerogative.
I do not believe that the conduct of the holder of letters patent issued under the Royal
prerogative can cause the
exercise of that
prerogative to become retrospectively invalid, on Charter grounds or otherwise.
While the
exercise of the
prerogative is probably subject to the Charter to some degree (so a policy of not giving QCs to members of a group protected by section 15 would be problematic), it is not clear what remedy would be appropriate, beyond a declaration by a court that the policy was invalid.
The Federal Government has been entrusted with the legal right to
exercise Her Majesty's
Prerogative Powers which, under common law, still remain absolute.
It may be of some interest to know that at the same time the Executive Power
exercised the Royal
Prerogative Powers, in Foreign Affairs, in their case against Mr. Khadr I was trying to have either the provincial or federal government
exercise these same powers to protect and defend Her Majesty's Letters Patent.
If the United Kingdom, having already triggered Article 50 TEU, make a unilateral attempt to revoke this notice, and this
exercise of
prerogative power were submitted to judicial review before the UK courts, then a substantive interpretation of EU law would be necessary to determine the question in the case.
Some even suggest an Act of Parliament will be necessary, based on the argument that there is existing legislation within this area (the European Communities Act 1972), and therefore the
prerogative power should not be
exercised.
Ultimately the Court in Khadr offered a declaratory remedy to properly respect the
prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when
exercising its common law powers under royal
prerogative.
Thus, although acknowledging the existence of the jury's
prerogative and its beneficial role in acting as a safety valve, the courts do not encourage
exercise of the right.
«Jury nullification is a curious paradox: it is the jury's
prerogative to disregard the law without actually committing an unlawful offense in doing so; its
exercise is literally illegitimate (contrary to law) but practically legitimate (allowed by law).
The rare questions accepted to be non-justiciable in Canada are mostly related to
exercises of Crown
prerogative.
The 2007 green paper reiterated that «the role, governance and values of the Civil Service» had not yet been set out in statutory form and that the minister for the Civil Service (the prime minister)
exercises powers concerning civil servants under the aegis of the common law royal
prerogative.
Guergis» action against Harper and his ministers for conspiracy, defamation, misfeasance in public office, intentional infliction of mental suffering, and negligence was dismissed on the basis that the former prime minister's decisions were protected by the
exercise of Crown privilege and parliamentary
prerogative.