Sentences with phrase «obligation under the state constitution»

Not exact matches

Kentucky must equalize spending among school districts, revise its tax system, and significantly boost its share of school revenues if it is to fulfill its obligation to children under the state constitution, an advisory committee appointed by a state trial judge has concluded.

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

Urgenda argued that the Dutch state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constitution.

Where an international obligation does exist, whether under a treaty or a rule of customary international law, a State is barred from invoking its internal law including its constitution.

The ECJ's decision that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Arts. 2 and 3 Const., and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 Const.)

While, for instance, responsibilities for education and health are shared between the Commonwealth, States and Territories, responsibility for record - keeping and access resides separately with each jurisdiction; that for juvenile justice and welfare lies with the States and Territories, and the Commonwealth has «special» responsibility for Indigenous people under s 51 (26) of the Constitution (the races power), as well as for Australia's international human rights obligations by way of its Executive power to ratify treaties and its power to «incorporate» them into domestic law under s 51 (29) of the Constitution.

Under section 51 (xxix) of the Constitution, the external affairs power, the Commonwealth has undoubted power to implement its international treaty obligations, including the ICCPR, and is accountable for failures of the states and territories to comply with these obligations.

The failure of the Commonwealth government to ensure compliance of the states and territories with the obligations under the Convention, including by utilising its powers under section 51 (xxix) of the Constitution in relation to external affairs or section 122 in relation to territories (para 7);