Sentences with phrase «legislative powers»

Section 116 restricts only the legislative powers of the Commonwealth and falls far short of providing positive protection to the rights of the individual to freedom of religion and belief.

So long as the capacity of the Commonwealth Parliament to legislate contrary to the requirements of international law is fully recognised and conceded, the High Court should continue to expect (that is, unless disallowed by explicit contrary words) that the Commonwealth has exercised its legislative powers in accordance with that law.

This is important because legislative powers and policy development in the areas of early years services, child health and education - areas key to supporting children with social, emotional and behavioural difficulties - are devolved.

Furthermore, section 51 (xxvi) expressly denied the Commonwealth legislative powers in respect of Aboriginal people.

They seek to address the perception that the tribunal had insufficient legislative powers of compulsion to effectively conduct mediation.

Protection of Indigenous heritage is a national responsibility that the Commonwealth has wide legislative powers to achieve.

However, when asked if the SEC might require additional legislative powers to regulate cryptocurrency markets, Clayton said simply, «I think we may.»

As a result, the authorities have used the new legislative powers to make wide sweeping changes across the entire industry.

It is based on the discredited «watertight compartments» theory of federalism where the federal and provincial governments exercise their legislative powers without regard for each other's interests.

I have always thought that the division of legislative powers made lots of sense, myself, and certainly by comparison.

Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 41 Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

[18] As Lord Denning explained in The Queen v The Secretary of State for Foreign and Commonwealth Affairs, the Constitution Act, 1867 (formerly the British North America Act 1867) «set out detailed provisions, in sections 91 and 92, distributing legislative powers between the Dominion Parliament and the provincial legislatures.»

In other words, the Fathers and framers intended to make trade liberalization a sweeping constitutional force that would limit the legislative powers of Ottawa and the provinces that are set out in sections 91 and 92 of the BNA Act.

The piece also correctly notes how this takedown was conducted without any new legislative powers, such as those in the failed US SOPA bill.

However, it did not consider it possible to lay down any formula capable of satisfactorily distinguishing between retained direct EU law that should be treated for this purpose as primary legislation and that which should be treated as secondary legislation: «We therefore conclude that on balance, and applying a constitutional precautionary principle, it is preferable to treat all retained direct EU law as primary legislation... Henry VIII powers which might be used to amend or repeal this law are a considerably narrower category than the more general and far broader category of secondary legislative powers to which retained direct EU law would otherwise be vulnerable were it designated as secondary legislation.»

Therefore the provincial legislative powers of The Constitution Act, 1867, s. 92 (13) «the administration of justice in the province»; and, s. 92 (16) «generally all matters of a merely local or private nature in the province»; do not provide a sufficient foundation for effective action.

Moreover, the effect of most existing human rights legislation in Canada is rendered uncertain by the present division of legislative powers.

In my opinion, this judgment can be seen as an attempt by the Court to address one of the «democratic deficit» problems of the EU, namely excessive regulation at comitology level, by putting clear limits on delegation of legislative powers by the EU institutions.

In this case, the court held that the RCD did indeed apply to insulate the marketing agreement between the LCBO and The Beer Store based on the LCBO's legislative powers under the Liquor Control Act to authorize The Beer Store to operate its stores, control the sale and delivery of beer and establish specific terms and conditions relating to the sale of beer.

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).

Judge Ralph Smith of the circuit court in Tallahassee ruled Jan. 31 that the constitutional separation of judicial and legislative powers prevented him from evaluating the legislature's spending priorities.

The RSPB calls upon the Scottish Office and the government to seek legislative powers to control deer numbers in the Scottish uplands where they threaten conservation.

In Attorney - General, Abia State v. Attorney - General of the Federation (2002) 1 WRN 1 at 45, Kutigi CJN (as he then was) held that «where the provision in the Act is within the legislative powers of the National Assembly but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and / or inconsistency and therefore inoperative.

«On the contrary, the Federal High Court made it categorically clear that the National Assembly lacks the legislative powers to prepare «budget estimates» for the President or «disregard the budget proposals laid before it and substitute it with its own estimates».»

But State Senate Majority Leader John Flanagan (R - East Northport) called it a «unilateral dictate» amounting to a circumvention of legislative powers.

State Senate Majority Leader John Flanagan criticized the governor's move as a «unilateral dictate» amounting to a circumvention of legislative powers.

«How the House of Commons might deal with legislation which affects only part of the United Kingdom, following the devolution of certain legislative powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales.»

The former deputy prime minister's revelation in the Guardian again raises concerns about the extent to which the security services felt they were entitled to use broadly drawn legislative powers to carry out intrusive surveillance and keep this information from democratically elected politicians.

Mrs Gillan said she would be seeking to meet Carwyn Jones as «soon as possible» to discuss the Welsh economy and a referendum for further legislative powers for Wales.

To consider how the House of Commons might deal with legislation which affects only part of the United Kingdom, following the devolution of certain legislative powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales.

But the younger Mr. Skelos chided his father when he found out Mr. Klein would retain the title of co-leader and some small legislative powers.

«The House of Representatives constitutional role to «make laws for the peace, order and good governance of the Federation», also suggests that the proposed amnesty bill for suspected looters is not properly within the ambit of the House's legislative powers.»

The result of the Welsh Assembly referendum will not only decide whether the assembly gains significant legislative powers; it will also be a verdict on the success or failure of devolution.

Since 1997, by contrast, we have seen successive governments use a simple parliamentary majority to radically overhaul the structure of the judicial system; strip the office of Lord Chancellor of most of its historic authority; introduce fixed - term parliaments and devolve substantial legislative powers to selected parts of the United Kingdom.

July 1st 1999 Full legislative powers are given to the new Scottish parliament which is officially opened by The Queen.

The petition copied to Mr Zeid Ra'ad Al Hussein UN High Commissioner for Human Rights and the Conference of States Parties to the UN Convention against Corruption reads in part: «SERAP considers these amendments to be in bad faith, patently an abuse of legislative powers, politically biased, and demonstrably unjustified in a democratic and representative society governed by the rule of law, and incompatible with the country's international human rights obligations and commitments particularly the UN Convention against Corruption, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.»

In their judgement (http://www.austlii.edu.au/au/cases/cth/HCA/2013/20.html) they say that the law does not «create a duty» to disclose these changes in circumstance effective 2000, and then apparently decline to address «is section 66A of the Administration Act invalid, insofar as it has retrospective effect, because it infringes the separation of judicial and legislative powers mandated by the Constitution?»

«SERAP argues that limitations to the legislative powers of the Senate can be implied not only from the chapters two and four of the 1999 Nigerian constitution (as amended) relating to the obligations of all organs of government to promote transparency, accountability and combat corruption and recognition of citizens» fundamental human rights but also by voluntary acceptance of international human rights obligations by Nigeria.»

SERAP also urged the Special Rapporteurs to «prevail on the Acting President Professor Yemi Osinbajo to decline to sign the bill into law; and on the House of Representatives and the Senate to exercise their legislative powers for good governance, and ensure a safe and enabling environment for civil society organizations both in practice and rhetoric, in line with the 1999 Constitution of Nigeria (as amended) and the government's international human rights obligations and commitments.»

Meanwhile, the commission contended that the word «legislature» ought to be interpreted to mean «the legislative powers of the state,» including voter initiatives and referenda.

In recent years expert commissions have been successfully used to chart the way ahead for further devolution, with the Calman Commission in Scotland leading to the Scotland Act 2012, and a series of commissions leading to the grant of further legislative powers to Wales.

But prosecutors argued that the tapes tell the story and provide evidence that Stevenson made a decision to sell his legislative powers for cash bribes.

In 2011, Wales votes to confer legislative powers upon said assembly elected by said electoral system.

Even if, however, it had endorsed devolution, that would not have resolved the West Lothian Question since no one is suggesting that the English regions should enjoy legislative powers.

Yet the granting of more powers would produce a profound change in the range of mechanisms available to address environmental issues; the country's authorities could then take an integrated approach to governmental and legislative powers.

Unlike Westminster select committees, ECON has legislative powers meaning Bowles can wield huge influence on the Brussels laws that affect Britain.

But SERAP in a statement today by its deputy director Timothy Adewale said, «Rather than using their executive and legislative powers to promote good governance and abolish laws granting double emoluments and large severance benefits to former governors, the Abia State government is denigrating the judiciary and displaying contempt for the rule of law.»

You can make arguments that it has elections, and arguments that it does not - the actual process is caucuses selecting representatives, and Sultan appointing them; and the parliamentary body has no true legislative powers either.

Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should «make no law respecting an establishment of religion, or prohibiting the free exercise thereof,» thus building a wall of separation between church and State.