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