Sentences with phrase «on constitutional»

In addition, SB4 is already under attack by the City of Houston and other jurisdictions on numerous constitutional grounds, which focus on the constitutional requirements for arrests, searches, seizures, due process, and equal protection.
It was a challenge on constitutional grounds to a school's use of two books that included portrayals of gay marriage.
I agree with Simon C on the constitutional issue — but there are provinces, including Ontario, with big enough populations that if there was a solution to the issue, they could do it on their own, or with informal or even formal collaboration with others.
and professor Jonathan H. Adler on «The Effect of 9/11 on Constitutional Law, Business Law & Regulation.»
While similar publications have focused on a constitutional analysis of the Eurozone crisis itself, this book is more dedicated to the effects the crisis had on the existing structure of the Economic and Monetary Union (EMU) and the EU.
[2] This case demonstrates the tension that exists around the moral, social and historical perspectives on the issue of prostitution and the effect of certain criminal law provisions on the constitutional rights of those affected.
This book focuses on constitutional and administrative law decisions rendered in the first decade of the McLachlin Court.
I can think of no better occasion for seeking to find a solution to the problem of developing an Canadian constitution in Canada — of finally «patriating» our constitution — than when we have reached agreement on constitutional protection of the basic rights of the citizen.
Posts are written by staff of the center as well as editor - in - chief Scott Bomboy and Lyle Denniston, the center's adviser on constitutional literacy and a contributor to SCOTUSblog.
Therefore, through the recognition of the primacy of EU law norms, but with the crucial qualification that such primacy is conditional on the constitutional authorisation of the domestic legal order in accordance with Parliamentary Sovereignty, the majority of the Supreme Court justices justify their claim that «we would not accept that the so - called fundamental rule of recognition (ie the fundamental rule by reference to which all other rules are validated) underlying UK laws has been varied by the 1972 Act or would be varied by its repeal» [Paragraph 60].
Thus, from the perspective of the United Kingdom's domestic legal order, the Treaties are an overriding source of domestic law which are conditional on constitutional approval; from the European Union's own perspective the Treaties are the fundamental «constitutional charter» of the new and autonomous European legal order, and from the perspective of international law the Treaties are the source of obligations in the international plane between the contracting Member States.
The divisional court's finding on constitutional statutes relied on authorities not put to counsel, which raises the question of whether or not it is binding.
The attorney general of Saskatchewan intervened on the constitutional matter, losing at the Saskatchewan Court of Appeal.
Denniston is also the National Constitution Center's adviser on constitutional literacy and contributes to Constitution Daily.
An interview of Allison Margolin, «L.A.'s Dopest Attorney,» on the constitutional right to alter our consciousness.
There is some thought that CASL could be struck down on constitutional grounds.
Regulation 472 / 2013 / EU sets out in detail EU rules that govern the procedures for awarding financial assistance, and the ECJ has offered a set of milestone pronouncements on the constitutional questions of financial assistance.
Yet, over the past several months, the Queen's Law professor has commented in the lay media on constitutional law issues.
«The Supreme Court makes pronouncements on constitutional and federal law that have direct impacts on the rights of Americans.
Prior to Mukasey's opinion, many federal courts and the Board of Immigration Appeals held that immigrants denied competent counsel could reopen their cases on constitutional grounds.
It is arguable that software programs are immune from state bar and legislative regulation on constitutional grounds and require no exemption from the definition of the practice of law to be sold or distributed in the stream of commerce.
During law school, she worked as the research assistant to the Dean of the Faculty of Law at the University of Waikato, New Zealand, updating and rewriting a book chapter on constitutional law.
about PRESS RELEASE: New citizenship law will be challenged on constitutional grounds, if passed, say rights groups
By challenging these laws, three Ontario sex workers have had an extraordinary effect on constitutional and criminal law in Canada, and have sparked an important debate about the law's effect on the safety and rights of sex workers.
«A presumptive ceiling is required in order to give meaningful direction to the state on its constitutional obligations and to those who play an important role in ensuring that the trial concludes within a reasonable time,» Moldaver, along with Justices Andromache Karakatsanis and Russell Brown, wrote for the majority.
For more on the constitutional issues arising from reviver statutes, see this legal memo provided in the context of prior Wisconsin reviver legislation.
But on the constitutional issue of balancing the allegedly competing considerations of religious liberty and equality rights, the Court gets it quite right when it concludes that «[t] his case demonstrates that a well - intentioned majority acting in the name of tolerance and liberalism, can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal.»
In pursuance of my practice in giving an opinion on all Constitutional questions, I must present my views on this.
Jeff Langlois practices civil litigation and aboriginal law in JFK's Vancouver office, focusing on constitutional litigation, Crown consultation and environmental law.
The Court of Appeal for Ontario has rejected an argument that a man convicted of three counts of sexual assault should not have to comply with sex offender registration for his entire lifetime, based on constitutional grounds.
Also, it discusses insightfully the Dutch and UK legal regimes as «outliers» that insist on upholding the constitution without following the Kelsenian model of a constitutional court, but increasingly feel the external pressure — as do all other Member States — on their constitutional system exercised in particular by EU and ECHR law.
The Volokh Conspiracy's Orin Kerr has begun a discussion on the constitutional merits of the extraordinary measures taken by Congress and President George W. Bush to reopen the case of Terry Schiavo.
It thus forms already a welcome remedy to the danger I mentioned initially of focusing obsessively on constitutional courts.
Should not any serious autonomy analysis be based on the rule of law realities of the internal market rather than on constitutional rhetoric?First step would be to acknowledge that the Court or EU law can not wipe away the various rule of law problems?
Posts cover «42 U.S.C. section 1983, perhaps the most important federal civil rights statute, and on constitutional law (especially the First Amendment), the teaching of constitutional law and other law - related topics.»
A few blawggers are moving past politics to dig into the positions Alito has taken on constitutional issues from the bench, a discussion impossible in re: White House Counsel Miers» record, since she has never worked as a judge.
There's a very brief section on proposed Amendments that were never ratified, and then there's the meat of the document — a 2,200 page essential treatise on Constitutional law organized to correspond with the structure of the Constitution.
The first option has a greater effect on the constitutional doctrine on extraditions as it affects both surrender proceedings between EU Member States and extradition to third States.
BTW — Roe v. Wade was decided not on the patriarchy but on constitutional limits to government powers.
If they are going to criminalize policy differences and scientific opinions, perhaps it's time we start proposing to indict politicians who advocate trampling on constitutional rights and liberties to which we are all entitled.
The tactile quality of Rifle and American Flag invite contemplation on the lack of progress the United States has made on Constitutional Amendments, and how the country's history is evident in the present political climate.
Despite all efforts to firm up his stools with diet, the allopathic vet finally said that he would have to be on a constitutional treatment of antibiotics for the remainder of his life in order to control the cholitis.
UK - regulated forex brokerage ActivTrades announced it is hiking its margin requirements on some instruments in connection to the upcoming referendum on constitutional changes in Italy on December 4.
The North Carolina School Boards Association filed a lawsuit in December 2013 against the state challenging legislation, and on August 21, won on all constitutional grounds.
Yet now, according to a lawsuit brought by a group of students, parents and advocacy organizations against the state of California, the government is failing to teach students to read, thus reneging on its constitutional responsibility to provide a free and public education of at least reasonable quality.
This leader in antischool choice strategy describes tax credits as «bullet - proof on constitutional issues» because they have survived every legal challenge to date.
The trial court held that «Connecticut is defaulting on its constitutional duty to provide adequate public school opportunities because it has no rational, substantial and verifiable plan to distribute money for education aid and school construction.»
At a time when our democracy is under unprecedented threats, it is great to see that the Connecticut Education Association will actually be voting on a Constitutional Amendment to expand the use of direct democracy when it comes to electing officers.
This approach has led Connecticut to, «[b] eyond a reasonable doubt» as Judge Moukawsher writes, «default on its constitutional duty to provide adequate public school opportunities because it has no rational, substantial and verifiable plan to distribute money for education aid.»
-- Increasing state support will reduce tax unfairness (i.e. over-reliance on property taxes) and move us toward delivering on the Constitutional responsibility to provide a «through and efficient» system of education
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