Sentences with phrase «legislative competence»

The complexity results not only from the profound moral and ethical dimensions of the question, but also from the overlapping federal and provincial legislative competence in relation to it.

This joint character, provided for by the distribution of legislative competence between the federation and the Länder, is the first drastic restriction for an effective reform.

That bill called the services to which it applied its similar rules «Contracts Involving Sequential Performance for Services Provided at a Distance», perhaps (as the commentary cited here suggests) to avoid infringing on federal legislative competence over telecommunications.

This Bill will be introduced to the Scottish Parliament once an order under the Scotland Act (1998) has been approved by the Westminster and Scottish Parliaments to devolve the necessary legislative competence.

Under this model the National Assembly for Wales (Cynulliad Cenedlaethol Cymru) only has legislative competence where this is specifically conferred by statute, with the UK Parliament having responsibility for the remainder.

The 2006 granted the Assembly legislative competence to make laws (known as Assembly Measures) in clearly defined «matters».

It became the basis for differentiating, for division of powers purposes, between the permissible scope of provincial and federal legislative competence as well as meeting the minimum fault requirements for crimes under the Canadian Charter of Rights and Freedoms (O'Grady v. Sparling, [1960] S.C.R. 804; Mann v.

The National Assembly is limited in the extent to which it can defend Welsh interests as it has legislative competence only where specifically conferred by Westminster statute.

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

The whole point of an article 218 (11) reference, moreover, was «to forestall the legal complications caused by situations in which the Member States enter into international commitments without the requisite authorisation when, under EU law, they no longer have the necessary legislative competence to put those commitments into effect» (para 47).

In this post I will focus on the competence issue by discussing the particularities of EU constitutional law and the (modest) challenge a ban on the sale of exotic imports such as seal products poses for EU legislative competence.

The court cited the Supreme Court of Canada decision in the Reference re Securities Act case of 2011 on this point stating that «a federal head of power» can't «eviscerate provincial legislative competence».

Consulting in redevelopment projects we register quite often the problems of foreign investors with the German private construction law on the one hand and the urban planning / public construction and environmental law which is stamped by the federal legislative competence (f. e. we have 16 different monuments protection laws).

That is why the cabinet member responsible for housing in Wales, Plaid Cymru's Jocelyn Davies, has introduced a Legislative Competence Order (LCO) with the aim of devolving powers to protecting social housing and the rights of tenants.

Then, the law further provides that such shall only be exercised by the National Assembly for the purpose of making laws «within its legislative competence»; amending laws; and exposing «corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated for it.»

Upon examination of the Agricultural Sector (Wales) Bill, the Attorney General considers that it raises important questions about the breadth of the National Assembly for Wales» legislative competence and that the Supreme Court is the right forum for resolving those questions.

Scotland's most senior law officer, the Lord Advocate James Wolffe, has just given a statement to the Scottish parliament saying that the Scottish government's alternative to the EU withdrawal bill will be within the legislative competence of the Scottish Parliament.

98 Even if the Act - making powers of the Welsh Assembly under Part 4 of the Government of Wales Act 2006 should be implemented, registration of marriages would remain excepted from its legislative competence (sch 7, para 12).

The judgment read in part, «The crucial question that follows is this: when the 1st defendant (House of Representatives) sent the letter of 20/3/2002 to the Plaintiff (el - Rufai) to appear before its Ethics and Privileges Committee, was it engaged in the making of a law within its legislative competence or to expose corruption and inefficiency in a public department?

Following the devolution of legislative competence to the Welsh Assembly in some area of responsibility, it is unlikely that the UK Parliament would draw up legislation in that area without a Legislative Consent Motion being passed by the Welsh Assembly to allow them to do so (Assembly Standing Order 26).

In order to draft laws that are part of its area of responsibility, but where the powers of legislative competence have not been devolved to it, the Welsh Assembly could request these powers using a Legislative Competency Order or they can receive the transfer of power and the right to make laws through parliamentary bills.

Mr Melding had proposed a Legislative Competence Order (LCO) calling for the establishment of a Languages Commissioner and the affording of official language status to both Welsh and English.

Out came the books and articles on referendums, on prerogative powers, on parliamentary sovereignty and legislative competence.

(ii) to alter that legislative competence or the executive competence of the Scottish Ministers;

In this Chapter, a «relevant Bill» is a Bill under consideration in the UK Parliament which makes provision («relevant provision») applying to Scotland for any purpose within the legislative competence of the Parliament, or which alters that legislative competence or the executive competence of the Scottish Ministers.

As it can not plausibly be said to fall into any federal field of legislative competence, the federal government has no power to enact s. 29.

As to the former, the scale of the legal preparations required in advance of Brexit, together with the constricted nature of the time period available, create a political imperative that makes inevitable what the Committee calls a «massive transfer of legislative competence» from Parliament to Government.

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.