«To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such
extent as the legislature may provide.»
Not exact matches
Tea Parties and State
Legislatures is a research project facilitated by Ballotpedia's staff to investigate the
extent to which political engagement in 2010 that can generally be defined
as part of the «Tea Party» movement is making itself felt at the level of state legislative elections in 2010.
77 Second, it is important to point out that provisions on conferring powers of public authority on border guards — such
as the powers conferred in the contested decision, which include stopping persons apprehended, seizing vessels and conducting persons apprehended to a specific location — mean that the fundamental rights of the persons concerned may be interfered with to such an
extent that the involvement of the European Union
legislature is required.
Applying the ECtHR's Marper judgment by analogy, it noted that factors such
as the importance of personal data protection for privacy and the
extent and seriousness of the interference meant the
legislature's discretion to interfere with fundamental rights was limited [47 - 48].
To the
extent the law
as written does not fairly capture the legislative intent, the
legislature is at liberty to amend it.
This reformulation would explain why (
as the Court held) a binding guidelines system violates the Constitution, but an advisory guidelines system does not: A binding guideline system (such
as the prior federal sentencing system) would violate Apprendi because — and to the
extent that — it allows the judiciary to increase the sentence beyond the maximum sentence established by the
legislature or Commission, pursuant to facts the
legislature or Commission has prescribed
as important.
But
as inarticulate
as that paper is, it touches on a legitimate issue - to what
extent should an international human rights court overrule national courts and
legislatures?