Sentences with phrase «of constitutional language»

The plainest interpretation of constitutional language simply requires that charter schools not charge tuition, which they do not.

Not exact matches

Powell a Christian, points out in The Moral Tradition of American Constitutionalism that constitutional rhetoric «is a language of permanence, of settled decision, of absolute political value».

The language of the constitutional debates was, like that of the Almighty, in Madison's view, «rendered dim and doubtful, by the cloudy medium through which it is communicated.»

The chances that choice will pass the test in these cases will vary according to the particular constitutional language, the local judicial precedents, and the composition of the state court at the time; but in every case there will be two commonalities of theory that are worth noting.

The lawyers, led by an official at the Prime Minister's office, tried to turn natural resource provision upside down in favour of the vessel owners, but to its credit the parliamentary committee in charge restored the original language of the clause proposed by the Constitutional Council.

In addition to calling for an inclusion of marriage equality in the Democratic Party platform, the language also backs overturning the Defense of Marriage Act and passing DOMA repeal legislation known as the Respect for Marriage Act in addition to opposing state constitutional amendments aimed at blocking gay couples from marriage rights.

I will also ask the legislature to consider passing language authorizing a Constitutional Amendment to allow casino gaming in the State of New York.

«That's a bigger question that involves the potential constitutional overreach including policy language in the budget,» Gianaris said in an interview on State of Politics Live this morning.

As a result of the episode, lawmakers have called for reforms in how ballot language is written for constitutional amendments.

* The governor has called for a constitutional amendment to strip public pensions from legislators convicted of crimes, and yet this bill supports making the proposed language available only on obscure websites few voters will ever see.

The language: «The proposed amendment to Section 14 of Article 3 of the State Constitution would allow electronic distribution of a state legislative bill to satisfy the constitutional requirement that a bill be printed and on the desks of state legislators at least three days before the Legislature votes on it.

Protestants, secularists, and public - school advocates proposed (and sometimes enacted) regulations that charged children with truancy if they attended Catholic schools; taxes on Catholic school property; bans on private schools that taught children in a language other than English; and constitutional amendments forbidding the use of public dollars to support even the secular instruction provided by a Catholic school.

Florida is one of only five states with a constitutional protection for collective bargaining rights, though the language is strangely ambiguous.

But however the case is resolved, it serves as an important reminder of the importance of state - specific constitutional language and precedents, the considerable degree of variation in legal rules in our 50 - state federal system, and the continuing power of the local control idea in education law.

To avoid this outcome, a new wave of school - finance litigation has instead endorsed an «adequacy» claim based on state constitutional clauses that exhort the legislature to provide for a «thorough and efficient» (or similar language) system of education.

Larson brings readers into innards of the Constitutional Convention: the formation of committees to tackle issues such as presidential selection and executive power, debates on the power to tax and the length of the president's term and the crafting of language to meet the desires of both nationalists and their opponents.

The language of the bill in general tramples on many constitutional rights in many different ways, as well as allows dogs to be taken and killed off - hand under certain circumstances, regardless as to the actual breed or type of the dog.

HSI is celebrating the far reaching animal protection language found in Mexico City's formally enacted new constitution, noting that it is one of the most animal - friendly constitutional texts in the Americas.

We then cross one main road to take us through Hillbrow — still an area riddled with crime and gang warfare, a reminder, says our guide Lucky, of the bad old days — and on to the impressive Constitutional Court with its gestures both to the past — some of the bricks are from the old prison — and to the future with its lettering in 11 languages and its fabulous collection of African art.

In order to uphold the principal and constitutional idea of «perception», the visual language used by LeWitt was reduced to a fundamental basis, creating varying sequential structures with basic geometric shapes, thus radically eliminating the uncontrolled variable, namely his personal feelings, from the artistic practice.

The US could also adopt a constitutional amendment, similar to section 3 of the Spanish constitution («Castilian is the official Spanish language of the State.

Even if there were a constitutional amendment saying that English is the official language, we we still have to await myriad SCOTUS interpretations of that clause, to determine whether that prohibited immigration agents from using a language other than English when addressing a customer.

The dearth of research and theory concerning the politics of constitutionalization is due in part to practical difficulties (e.g. language and accessibility, appropriate acquaintance with foreign constitutional systems and legal materials, and the like).

For the Advocate General, the fact that the Treaty of Lisbon did not incorporate the same language with regard to the systemisation and hierarchisation of EU acts as the Constitutional Treaty is of no consequence (the Treaty of Lisbon returned to the old language of directives and regulations).

This would be a means of recognizing in our most fundamental law that Quebec existed in our country as a distinctive part of it with unique needs in such matters as language and culture and that courts would need to take the existence of this «distinct society» into account when analyzing provisions under constitutional challenge.

In Kazakewich v. Kazakewich, [1936] A.J. No. 10 (C.A.), the Alberta Court of Appeal summed up the ratios in Lambe, Severn and Edwards in this way at paragraph 86: I take it then that in approaching the interpretation of the pertinent sections of The B.N.A. Act with respect to the administration of justice, a Court should keep in mind that these sections are embodied in an Imperial statute to which the ordinary rules for the interpretation of statutes apply, that therefore the intention of the framers of this Imperial statute must be ascertained as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous, and that having regard however to the nature of the statute, a great constitutional charter, the widest and most liberal construction of the words used should be adopted with a view to giving effect to the whole scheme of Canadian union [Emphasis Added].

In the course of this matter, we have developed First Amendment arguments regarding the Constitutional principal that civil courts can not delve into the religious thicket of internal church governance and that the courts must adhere to express trust language in a church's governing documents.

A book like the one you describe will be useful throughout the common law world, not just in Canada; and whilst Canadian constitutional pieties might just about justify not translating the relevant passages for a Canadian audience, it makes the book potentially far less useful in the rest of the Common law world where such pieties do not obtain, and it can not be assumed that the readers will have any second language, let alone that any such second lanaguage would French.

To be constitutional, the practice must allow the possibility of hiring a person not in the racial group, thus they can not require a person to be of a certain ethnicity, which is the situation you describe (but check the language of the ad since it probably states a preference, not a requirement).

In a thoughtful answer to a reader's question related to Roper v. Simmons — namely, why the Missouri Supreme Court invoked the Eighth Amendment, rather than using Missouri's own state constitutional provision of the same language — professor Eugene Volokh weighs in on the effect of 51 bills of rights:

If it can be said to have a center of gravity, the major element is the Charter and the secondary element is constitutional language issues — this offsetting the fact that the all but invariant focus of the reference cases has been federalism questions.

In the choice of the language of the «common constitutional traditions» (Art. 6.3 TEU), the CJEU resorts to a more pluralistic and less identitarian tradition of dialogue, which rather than being read in light of a single legal order, should take into account the pluralism of the constitutional traditions of the various Member States, and be balanced with the ultimate goal of the EU, the achievement of an ever closer Union.

It is possible to argue that the CJEU has chosen, in its judgment, a «language of realism», which reflects the traditional neo-functionalist approach that is at the basis of the dialogue with the ICC as well with others national constitutional Courts.

It does not make sense, either as a matter of language or as a matter of constitutional principle.»

(3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Justice.

(2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and subsection 126 (5)(language of proceedings) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.

Through an interdisciplinary treatment this book opens new perspectives on the history of Canada's official language communities, the structure of linguistic conflict, legal regulation, constitutional rights, minority language education and linguistic politics.

International Constitutional Law - Provides constitutional background on many countries as well as an English translation of the constitution and often the constitution in its origConstitutional Law - Provides constitutional background on many countries as well as an English translation of the constitution and often the constitution in its origconstitutional background on many countries as well as an English translation of the constitution and often the constitution in its original language.

Carrying more legal weight as a constitutional document than its predecessor, the Charter provides the guaranteed protection of important rights such as freedom of conscience, religion, expression, and association; the democratic right to vote; mobility rights to enter and leave Canada as well as reside anywhere within Canada; legal rights in criminal matters; equality rights against discrimination; and language rights.

Upon reconsideration, we concluded that, since a constitutional question had been presented in the lower State court, the language of the Order of the Supreme Court of Ohio should be construed as a decision upon the constitutional question.

The lawyer should be aware of relevant statutory and constitutional law relating to language rights including the Canadian Charter of Rights and Freedoms, s. 19 (1) and Part XVII of the Criminal Code regarding language rights in courts under federal jurisdiction and in criminal proceedings.

Such an interpretation is belied by the provision's plain language, case law, and elementary tenets of criminal and constitutional law.

Moreover, as the Hungarian case is showing very well, the language of constitutional identity is very easy to be manipulated by non-independent constitutional courts.Then, the ECJ should not take the slippery slope suggested by Bot and consequently disregard any Article 4 (2) TUE - based argument, as proposed also by Roberto Mastroianni,.

Accordingly, we hold that, in the absence of a specific appropriation, or a statutory, constitutional, or federal mandate as discussed below, the unambiguous language of Section 230 prohibits the withdrawal of funds from the state treasury.»

The relevant constitutional language, purposes, history, traditions, context, and case law, taken together, make it likely that, where confinement of the noncitizens before us is prolonged (presumptively longer than six months), bail proceedings are constitutionally required.

The generality of the language contained in the Birmingham parade ordinance upon which the injunction was based would unquestionably raise substantial constitutional issues concerning some of its provisions.

This week's summaries concern: Municipal property tax / Admissibility of evidence / Judicial review of administrative board / Constitutional language rights:

The program provided funding for court cases of national significance that had the potential to advance constitutional language or equality rights.

By analogy, when a state legislature fails to adopt a redistricting plan that complies with the constitution, which is normally a political question, this failure to act allows a federal court to craft a redistricting plan as a remedy for the failure of the legislature to act, in order to protect the constitutional rights of voters and candidates in future elections, even though no express language of the constitution or statute addresses the remedy when a state legislature fails to pass a redistricting plan.

R. v. Caron (G.) et al. 2014 ABCA 71 Constitutional Law — Language rights — General principles — Source of language rights The accused's mother tongue was French.