Sentences with phrase «of legislative supremacy»

Justice Slatter also recognizes the importance of legislative supremacy but is bewildered by the privileging of implied intent over explicit intent.

He holds these ideas up against an arrangement of legislative supremacy, whereby representative powers are vested entirely in Parliament or Congress.

Wills's contention that Madison was a proponent of legislative supremacy among the branches is unconvincing given that it was the overweening power granted legislatures by the state constitutions that Madison and other Federalists sought to avoid at the federal level in the Constitution.

Not exact matches

A standard argument advanced by partisans of judicial supremacy is that the only alternative to tolerating the unrestrained judicial usurpation of democratic legislative authority is «legal anarchy.»

What we object to is, first, the judicial manufacture of constitutional law to displace without constitutional warrant the duly enacted judgments of the people and their elected representatives, and, second, the idea of judicial supremacy that treats the executive and legislative branches of the federal government as impotent to do anything but bow down before unconstitutional exercises of judicial power, however blatant and destructive of the constitutional order.

The greatest single insult to parliamentary or legislative supremacy over the Executive in our system of government was the supposed introduction of the 2003 budget by Mike Harris's Minister of Finance (aka «Provincial Treasurer») at a Magna plant.

The Constitutional Court has also held that the duty of the legislature and other lawmaking subjects to revise all legal acts adopted by them before the entry into effect of the Constitution and which still remain in force, also the legal acts adopted by no longer existing institutions after the entry into effect of the Constitution and still remaining in force, which regulate the relations which are assigned to the sphere of regulation of a corresponding law - making subject, as well as legal acts, which had been adopted before the restoration of the independent State of Lithuania and remained in force after restoration of the independent State of Lithuania and, after the entry into effect of the Constitution, regulate the relationships, which are assigned to the sphere of regulation of an appropriate legislative subject, and assess their conformity with the Constitution within a reasonably short period, stems from the principle of the supremacy of the Constitution, and the constitutional principle of a state under the rule of law (the Constitutional Court's ruling of 29 October 2003).

Tagged with: Aboriginal Law Courtoreille Appeal Crown duty to consult Intervention Justiciable legislative sovereignty legislative supremacy parliamentary sovereignty parliamentary supremacy separation of powers

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

He also seeks a reaffirmation of «legislative supremacy» and a greater focus on «intensity of review.»

For a doctrine that is supposed to reconcile the rule of law with legislative supremacy, this result is puzzling.

To describe such cases as being only about judicial and popular or legislative supremacy is to miss this clash of two popular wills.

Legislative leaders have exploited their supremacy on gun regulations and their control of the committee process to bury almost any proposal to impose limits.