Sentences with phrase «of unconstitutional legislation»

The 5 - 2 ruling in Nur represents another rebuke of the Conservative government which has developed a unenviable track record of unconstitutional legislation.

Not exact matches

This story stunned me: It is SOP for legislators to put a «severability clause» into legislation, so that if part of a law is found unconstitutional, the rest of it can remain in effect.

We are not radical democrats who believe that judicial review of legislation is in principle unconstitutional and illegitimate.

Finance: in this area, two articles referring to the levelling of incomes — taking into account similarity of fiscal effort and legislation on local taxes — were declared unconstitutional.

Specifically, these modern tribunes would be entitled to veto one piece of congressional legislation, one executive order and one Supreme Court decision; to call one national referendum, over any issue they wish (only two - thirds votes of both the U.S. Senate and House of Representatives may render the statute unconstitutional); and to initiate impeachment proceedings against one Federal official from each of the three branches of government during their term of office.

Trump signed legislation imposing sanctions on Russia and limiting his own authority to lift them, but asserted that the measure included «a number of clearly unconstitutional provisions» and left open the possibility that he might choose not to enforce them as lawmakers intended.

Cuomo said there are a number of strong arguments the legislation is unconstitutional, pointing to states» rights to tax, citizens» rights not to be double taxed, and the Equal Protection Clause.

The AG is again threatening to sue the federal government if the health care legislation being considered in the U.S. Senate becomes law, warning of unconstitutional provisions that remain in the latest draft.

In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions» — such as restrictions on executive branch ′ s authority that limited its flexibility in foreign policy.

Despite GOP warnings that the bill would be ruled unconstitutional, the Democratic House majority pushed the legislation through on a straight party line vote after nearly five hours of debate.

«Now when this piece of legislation was in our books, my friend and colleague, Martin Kpebu took this matter up to the Supreme Court... and the Supreme Court said that piece of legislation is unconstitutional.

Backers of the legislation, including City Council Speaker Melissa Mark - Viverito, lauded it as a way to end warrantless detention of immigrants that they argued are unconstitutional, and as a way to keep city families together and reform broken immigration policies.

«I believe it is unconstitutional and we're seriously considering a lawsuit on behalf of the people of the state of New York to prove what a scam and a fraud this delegation is trying to perpetrate on the people of this state,» Cuomo said of the proposal, which House leaders included in the Republican legislation that would repeal and replace Obamacare.

Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional.

Well over 90 % of constitution law scholars and legal professionals, including not only the Japan Federation of Bar Association, but also former Cabinet Legislation Bureau Chiefs and judges, consider the bills to be unconstitutional.

Breed Specific Legislation (BSL) has been proven unconstitutional in many courts and has even been addressed by the US Federal Department of Justice as unallowable as it robs people with disabilities their right to choosing a pet that meets their specific service and therapy needs.

GRCA opposes mandatory spay / neuter legislation because: 1) there is no evidence to suggest that it is effective in achieving its stated goal; 2) it causes well - documented health and developmental problems in some pets, especially when performed before sexual maturity; 3) it pushes responsible breeders out of the licensing system; 4) it reduces the availability of well - bred healthy, home bred and raised puppies; 5) it encourages the importation of puppies and dogs from less acceptable sources, including foreign countries; and 6) because laws that force owners to perform surgery on their pets without a rational basis for doing so may be unconstitutional.

This is not unconstitutional, the constitution clearly gives any powers not expressly given to the federal government to the state, and so long as the state does not have legislation forbidding localities from restricting the sale of certain animals, then this is perfectly legal.

While Congress members like Fred Upton (Republican, Michigan) yowl about the EPA's efforts to regulate carbon emissions as «an unconstitutional power grab» and attach the term «job - killing» to every piece of environmental legislation with a political pulse, national security officials have been offering dire warnings about the perils of climate disruption and its offshoots like food shortage, water depletion and massive migration.

By taking a unified stand and claiming the individual mandate was unconstitutional, the Republican Party, conservative think tanks, right - wing media and Republican activists helped create a climate of controversy about the legislation, which then pressured the mainstream media to report on the controversy, which then created a cloud of doubt among the public, which ultimately created an environment in which the right - leaning members of the Supreme Court could make a judgement that may have looked radical or outrageous if not for the contextual cover provide by permission structure.

An Ontario court has dismissed a set of appeals from four families that sought to have provincial legislation related to the approvals of large - scale wind farms declared unconstitutional.

«This furthers a clear pattern of politicization of the judiciary,» Bass» statement says, «starting with the disregard of judgments of the Constitutional Tribunal striking down legislation as unconstitutional and failing to seat judges properly appointed to it.

In our blog post of February 18, 2014, «British Columbia Supreme Court Awards $ 2 Million in Damages for Freedom of Association Violation,» we reported that the B.C. Supreme Court declared Bill 22, legislation relating to teachers» collective bargaining rights, unconstitutional.

This time around, Tessmer claimed the purpose of the GST legislation was unconstitutional because of the inconsistency between the government's dual roles as prosecutor and tax collector on the services required to defend that prosecution.

In addition to the purpose of the legislation, Tessmer argued its effect was also unconstitutional.

It is true that, unlike their virtually unanimous attitude on the issue of religious freedom, state courts have not always sustained Sunday legislation against the charge of unconstitutional discrimination.

The legislation builds on a bill introduced in March and looks to amend or repeal a number of provisions in the Criminal Code the government has determined are out of date or likely unconstitutional.

I suspect that both the Quebec and Federal governments are well aware of the possibly unconstitutional nature of these pieces of legislation.

The Supreme Court of Canada agreed with the trial judge and the Court of Appeal that the amendments that were introduced in this piece of legislation were not unconstitutional.

This, in turn, suggests Kinder Morgan's lawyers have a clearer grasp of what B.C.'s constitutional chances are with its still - vague plan to enact environmental legislation to mitigate potential damage from the expanded pipeline than do most political commentators in Alberta, who have declared the idea unconstitutional without actually knowing what it is.

The Supreme Court of Canada ruled that the Harper government's legislation making retroactive changes to parole eligibility breaches the Charter of Rights and is thus unconstitutional.

* Passed legislation in 1995 baring the application of joint and several liability in the recovery of all damages, which was struck down as unconstitutional by Illinois State Supreme Court.

[26] Ultimately, this is the legislature's decision to make once one of its provisions or pieces of legislation has been found unconstitutional.

The Court released a decision that the original IRP legislation was unconstitutional and no longer in effect as of June 30, 2012.

And the sad reality is — even after the announcement of Bill C - 39 — unconstitutional and historical zombies still walk our legislation and the government seems content to sit on its hands feeding on low - hanging fruit — until the next legal disaster.

In 2011, the Supreme Court of British Columbia found the legislation unconstitutional because it infringed s. 2 (d) of the Charter, and the infringement was not justified under s. 1 of the Charter.

Though the heart of s. 4 has been found unconstitutional, it remains in the legislation; I suspect however that Delisle will be charged under another section.

The British Columbia Teachers» Federation (BCTF) challenged the legislation as unconstitutional on the basis that it deprived them of collective bargaining rights, thereby infringing their freedom to associate guaranteed under s. 2 of the Charter.

If the provincial legislation effected a transfer of ownership other than according to the terms of the federal Copyright Act, then this would seem to be a potentially unconstitutional interference with federal jurisdiction over copyrights.

This decision does not conclude that all essential services legislation that imposes limits on strike action will be unconstitutional; however, it will have an impact on the future of labour relations across Canada... [more]

The majority of the Court found the legislation unconstitutional because it violated s. 2 (d) freedom of association, but found it unnecessary to decide whether it violated s. 15 (1).

«It doesn't go so far as to create a licence for wage - restraint legislation — it just doesn't; this is a unique circumstance — but I think governments are at least going to have some comfort that certain forms of wage - restraint legislation is not automatically unconstitutional.»

There's at least one case saying this type of legislation is unenforceable and to some extent unconstitutional: http://www.canlii.org/en/mb/mbqb/doc/2014/2014mbqb155/2014mbqb155.html

We would be better off with a default rule stating that unconstitutional parts of a statute ARE severable unless Congress says the opposite, which would then provide a clear backdrop for legislation.

(Indianapolis, Ind.)-- Planned Parenthood of Indiana and Kentucky (PPINK) today filed suit against the Indiana State Department of Health in U.S. District Court, arguing that Senate Enrolled Act 371 (SEA 371), legislation that singles out one health center in Lafayette for unnecessary new restrictions, is discriminatory and unconstitutional.

WASHINGTON — Planned Parenthood Federation of America denounced today's House Judiciary Committee passage of dangerous and unconstitutional legislation that would ban abortion at 20 weeks nationwide — interfering in a woman's ability to make personal decisions about her pregnancy in consultation with her doctor.