Sentences with phrase «many other constitutional provisions»

In order to determine if the performance of the function conferred on it under article 45 (a) is subject to any other constitutional provision, we have to read the constitution in its entirety paying particular attention to the various provisions in order to find out if there are any exceptions to its independence.

The Kentucky Court of Appeals, which was then the state's highest court, held that a statute authorizing public aid to private schools for exceptional children did not violate, among other Constitutional Provisions on Education, Kentucky's Blaine Amendment because the funds were for children's «welfare» rather than «education.»

Religious clauses are the highest - profile threats to voucher programs, but vouchers are vulnerable to many other constitutional provisions as well.

The other constitutional provisions cited are either similar in substance, requiring only that no person be removed from his or her «natural judge» established by law, or are irrelevant to Appellant's argument.

[Footnote 2/1] For, as stated by the Court, that Amendment did not supersede all other constitutional provisions «in the area of liquor regulations.»

Intimate association is basically limited to family relationships, which are generally protected anyway under other constitutional provisions.

That process is guided by many of the same considerations relevant to analysis of other constitutional provisions that set forth broad principles rather than specific requirements.

Any problems raised by excessive discrimination can be addressed through conflict preemption or other constitutional provisions, such as the Privileges and Immunities Clause.

Other constitutional provisions with vague contours are available as instruments for the judiciary to protect business from legislative regulation.

Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the states of destination, and is not prohibited unless by other Constitutional provisions.

Not exact matches

Hidden under the idea that we should choose to ignore some portions of the Constitution, is the other idea that there should be an informal Higher Constitutional Moral Authority that will tell the rest of us when we should ignore and when we should obey this or that provision of the Constitution.

In fact in 1836 Calvin Colton, erstwhile Presbyterian minister and journalist who had recently been converted to the Episcopal Church, argued with convincing cogency that in the government of the Church of his present choice constitutional provisions provided for more lay power than in the other denominations.

SERAP is urging the court to declare that Malami's refusal to file a criminal charge against Patience was in conflict with his constitutional mandate as well as the provisions of the Corrupt Practices and Other Related Offences Act 2000.

This clarification is a good thing if the bill is ambiguous or potentially conflicts with some other law or Constitutional provision.

The statement reads in part: «The allegations against Mr Dogara and other principal officials of the House of Representatives also suggest a subversion of the budget process, which in itself is a crime but also a fundamental breach of constitutional provisions and an affront to internationally recognized human rights.»

«Whether the 1st defendant (Buhari) after compliance with the 1999 constitutional provision, the Electoral Act and the guidelines to the extent of winning the 2015 presidential election as the president of the Federal Republic of Nigeria, need other further qualification to contest the 2019 presidential election.

State constitutional provisions guaranteeing an adequate education are not a novel basis for litigation, but other cases have largely focused on deficiencies in school financing.

Similar constitutional provisions bar taxpayer money from supporting churches or other «sectarian» institutions, including religious schools, in more than 30 other states.

The other amendment would repeal a Florida state constitutional provision that prohibits public funding of religious organizations.

The statewide teachers union, the Florida PTA, the Florida School Boards Association and other groups filed the lawsuit in August, arguing the tax credit scholarship program unconstitutionally created a «parallel» system of publicly supported schools and violated a state constitutional provision barring state aid for religious institutions.

These provisions pose a significant constitutional obstacle to voucher plans and other faith - based initiatives.

And would education reformers of a conservative stripe be wise to try this strategy in other states, many of which have constitutional provisions that can be construed like California's?

An obscure and often misunderstood corner of state government, the local mandate program derives from a Constitutional provision that prevents the Legislature from imposing requirements on cities, counties, school districts and other local jurisdictions without also providing the funds needed to cover the costs.

Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person.

Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records pursuant to the requirements of this section and other provisions of law.35

When judges refer a constitutional question to the SCC, among other requirements, they must explain why their ruling depends on the constitutionality of the provision.

In other news, the Constitutional Law Prof Blog considers whether the South African Sexual Orientation Equality Provision is at risk.

The bases from which this principle was derived clearly had no constitutional dimension; there was not the slightest suggestion that the First Amendment or any other provision of the Constitution was relevant to the decision in that case.

-- the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of the Law on Citizenship, to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, and who are residing in other states, is not in conflict with Article 29 and Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principles of justice and a state under the rule of law;

Having held that the provision «provided that these persons, their children, grandchildren or great - grandchildren have not repatriated» of Item 1 (wording of 17 September 2002) of Paragraph 1 of Article 17 of the Law on Citizenship is in conflict with Article 29 of the Constitution and with the constitutional principle of a state under the rule of law, the Constitutional Court will not further investigate whether the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of this law to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren who reside in other states, provided that these persons, their children, grandchildren or great - grandchildren have repatriated, is not in conflict with Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principconstitutional principle of a state under the rule of law, the Constitutional Court will not further investigate whether the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of this law to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren who reside in other states, provided that these persons, their children, grandchildren or great - grandchildren have repatriated, is not in conflict with Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principConstitutional Court will not further investigate whether the provision «the following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of this law to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the right to citizenship of the Republic of Lithuania shall not be retained to persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren who reside in other states, provided that these persons, their children, grandchildren or great - grandchildren have repatriated, is not in conflict with Paragraphs 1 and 3 of Article 12 of the Constitution and with the constitutional principconstitutional principle of justice.

For example, Julius Gray, a constitutional lawyer, wants to join the movement but believes that other provisions of the law should also be challenged and will file a second motion if need be.

When our constitutional provisions were written, the chief forces recognized as antagonists in the struggle between authority and liberty were the Government, on the one hand, and the individual citizen, on the other.

On this basis, and without prejudice to the other provisions of this Treaty, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt provisions to strengthen or to add to the rights laid down in this Part, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.

In other words, these provisions should be considered to be permanent features of the Canadian constitutional landscape.

«If that were so, the Supreme Court would not have decided other cases involving constitutional provisions containing similar consent - of - Congress provisions,» he wrote.

But I know I have seen a few interesting and thoughtful post-Graham rulings concerning limits on adult sentences imposed by the Eighth Amendment (and / or similar state constitutional provisions) from state supreme courts in Ohio and South Dakota and others states.

In some cases, courts look to the meaning of constitutional provisions at the time of their enactment; in others to the intentions of their framers; and in a few, perhaps even to the exact way in which the framers would have expected these provisions to operate.

Oklahoma's current constitutional provision only allows for the impeachment of «the Governor and other elective state officers, including the Justices of the Supreme Court... [and]... Judges of the Court of Criminal Appeals.»

Other commenters suggested that the proposed rules authorized the compelled disclosure of individually identifiable health information in violation of State constitutional provisions, such as those in California and Florida.

Think of the quotidian «underenforcement» of constitutional provisions (or adminsitartive or criminal provisions) on the one hand and the breakdown of civil order and civil war on the other.