Sentences with phrase «on constitutional authority»

The six candidates were generally in agreement that the Republican - led Senate should try to block any nomination by Mr. Obama to replace Justice Scalia, although some of them acknowledged that if they were president, they would act on their constitutional authority to try to fill the vacancy.

Not exact matches

Spain's constitutional crisis seems set to rumble on, as the central government looks to re-assert its authority over Catalonia.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.

This would certainly seem to be effective to confer an immunity on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings of a particular provision?

The Democrats, who now derive their power from this formal situation and rely on officials chosen in elections conducted two and four years ago, will emphasize the constitutional authority of the offices.

In Roe v. Wade and related decisions, the Supreme Court has gambled its authority, and with it our constitutional order, by coming down on one side of this great conflict.

Therefore, they contended that a lower federal court in Little Rock had no constitutional authority to order the desegregation of public schools in Arkansas on the basis of the Brown decision.

As neither Taylor nor Fillmore had taken the oath of office on March 4, some historians and Constitutional scholars have argued that neither of them had any legal authority as President in the interim until they did.

The Court, in a judgment on a suit with reference number FHC / L / CS / 1098/07 filed by fishermen operating in Eti - Osa Local Government Area of the State, held that the National Inland Waterways Authority (NIWA) lacked the Constitutional power to regulate inland waterways within the State.

Cuomo asserted he had the constitutional authority to do so, but nevertheless had met with lawyers who argued the Pataki v. Silver case on behalf of the governor.

Citizens insist on fidelity to the Constitution, which is the basis of every constitutional authority and power exercised.

It is difficult to imagine on what constitutional authority Corbyn could impose a three - line whip to make his MPs vote against intervention in Syria (though reports initially suggested this is what he had in mind).

«Last year I vetoed a similar bill that would authorize to have control over local annexation petitions that did not impact a county's boundaries because it would have directly contravened the constitutional prohibitions on a county's authority,» Cuomo wrote.

However, during the interview, Mr. Cuomo placed a heavy emphasis on the legislature's legal authority to draw the lines and stressed the need for a constitutional amendment that would likely not take effect until the next round of redistricting, in 2022.

«It is my view therefore that, it is the CHRAJ that is the institution vested with the exclusive constitutional authority to deal with all relevant matters relating to breach of code of conduct of public officers including this matter on the receipt of the Ford expedition vehicle.

Constitutional experts say it is possible for Brown to hang on even if Labour has failed to win the most seats, but it is likely that his lack of moral authority, media pressure and public opinion would make this difficult.

Indeed, as the legislature's own non-partisan staff has already warned, it may violate constitutional limits on the legislature's authority to delegate its powers and duties to others.

The Hansard Society, the independent parliamentary authority, say what happens on Friday will depend on a combination of the electoral arithmetic, the constitutional conventions, the pressures of the media cycle and the blogosphere, the reaction of the markets and the direction of public opinion.

Attorneys representing teachers and school administrators said the governor overstepped his constitutional authority by delaying the payments on Dec. 15 without legislative approval.

The President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by the Congress in the exercise of its constitutional authority.

«While acknowledging the potential negatives of such a convention — e.g., the risk of amendments being approved that would weaken the home rule authority of local governments — the Executive Committee viewed the opportunity to strengthen the position of municipalities in New York's governmental structure as more important and voted to approve NYCOM's support of a «Yes» vote on the constitutional convention question facing New York voters this November, with the additional stipulation that municipal officials would need to run for and be elected as delegates to the convention if our intended outcomes are to be achieved,» the guide states

In 2007, then Prime Minister Gordon Brown stated, during a House of Commons debate on constitutional reform, that he believed that the House of Commons should have more authority over the selection of «public officials whose role it is to protect the public's rights and interests, and for whom there is not currently independent scrutiny.

The Tories accused O'Donnell of overstepping his constitutional authority by giving his blessing to a delay in the return of parliament to allow talks on a coalition in the event of a close poll result.

National Democratic Congress (NDC) Member of Parliament for Ningo Prampram, Sam George, has accused the National Communications Authority (NCA), of contravening certain constitutional provisions with the sanctions imposed on 131 radio stations.

DiNapoli called for a host of reforms to curtail state borrowing, including a constitutional amendment to limit total debt to 5 % of New York's personal income and a ban on so - called back - door borrowing — the issuance of state - funded debt through public authorities and other entities.

The Senate's constitutional authority to «advise and consent» was designed to provide a partial check on the power of the executive branch.

Exercising its constitutional authority to advise the President on treaties, the Senate resolved that the U.S. should not sign any international agreement to set mandatory limits on greenhouse gas emissions that: (1) did not also set emissions limits on developing countries; and (2) that «would result in serious harm to the economy of the United States.»

The tension between the Constitutional limitations and the broad RCW touches on what legal experts refer to as Dillon's Rule vs. Home rule, referring to the ongoing tug of war between city and state authority.

Legally binding, or not, members of the US Executive branch of gov» t. gave indications pre - Cop21 that they would spend our money on climate matters anyway, regardless of Congress, or Constitutional authority.

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes.

Accordingly, I appointed Mr. Carl Goldenberg, Q.C., Special Counsel on the Constitution and have attached to his office, as advisors, some of the most eminent constitutional authorities in the country.

In one blistering paragraph, Zywicki writes, «Leaving aside all of the intellectual arguments for whether the Court should or should not rely on international law for constitutional guidance, it is hard to escape the conclusion that the Court's periodic reliance on world legal opinion is purely strategic rather than sincere, perhaps to dress up the Court's personal predilections in the guise of legal authority.»

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 accusations came after a 2005 constitutional law class in which Peltz, a nationally known authority on the First Amendment and freedom of information, was described as having criticized affirmative action and having displayed a belittling satirical article from The Onion on Rosa Parks.

To my mind, on a proper interpretation of the basic constitutional structure of the compound comprising the Union and the Member States, which has been described as the «European Verfassungsverbund», (11) it is, as a rule, for the Member States themselves, in the context of their own constitutional order and the international obligations which they have entered into, to review acts of their public authorities.

«He is much more an Anti-federalist where state and national authority clash, more libertarian on issues such as gun control, and much tighter on some matters as the rights of the criminally accused than I... «We, however, agree on other important issues, such as finding no constitutional barrier to bans on late term abortions and requiring spousal and parental notification of impending abortions.»

In brief, the Governor General, acting on the advice of the Prime Minister and Cabinet, possesses the constitutional authority to enter treaties binding Canada internationally.

In the context of the Charter, the logic of the presumption is turned on its head: it does not operate in this context to ensure the relevant legislative body remains vested with its constitutional authority, but rather to divest it of authority.

This is on the basis that an electoral mandate confers constitutional legitimacy, authority and confidence.

The Immigration Judge held that he had no authority to rule on the constitutional validity of § 244 (c)(2).

This statutory prohibition on the TSP's right to disclose perfectly mirrors the police officer's absence of constitutional authority to demand the information.

The Board refused to consider respondent's constitutional challenge on the ground that, as a quasi-judicial body, it had no authority to pass on the constitutionality of state law.

The authority for the establishment and maintenance of the Bar as an integrated bar association is a 1949 rule of the Supreme Court based on the Court's constitutional authority to regulate the practice of law in Florida.

It is widely expected that investor - State arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly on restrictions in the relations between public and private actors.

When our constitutional provisions were written, the chief forces recognized as antagonists in the struggle between authority and liberty were the Government, on the one hand, and the individual citizen, on the other.

Only the states have the constitutional authority to regulate private drivers and vehicles within a state, so these laws are created on valid state authority, not federal authority.

American constitutional law doctrine looks unfavourably on delegations of law - making authority to private entities.

Professor Lawrence Friedman, the Law Review's faculty advisor, is an authority on Constitutional law, information privacy law, national security law, and state Constitutional law.

Julian undertakes advisory and judicial review work in the field of public and constitutional law for central and local government, other public authorities, and individuals, and has been instructed for and against government on issues of major public importance.

DoD bases this on implicit constitutional authority, specifically: