Not exact matches
The success of the concurrent delegations was an excellent example of how Canada can capitalize
on some of its
constitutional similarities with India — in this case, the devolution of power over
issues such
as education and national - resource management to the provinces — in order to improve relations for Canada
as a whole.
We will include works
on constitutional theory
as well
as on the empirical
issues that underlie constitutions — particularly those that are important to uncodified constitutions like that of the UK.
No doubt, there should be a thorough parliamentary debate
on the
issue, but instead of forcing a decision in this parliament, which could well be
as controversial and divisive
as the ill - fated referendum, I strongly agree with Nick Clegg that by far the best and most dignified way out of the current mess would be to ask the people in the proper
constitutional way by calling an snap general election:
From Harold Wilson in 1975 opting for a referendum to quell internal disquiet in the Labour Party, to Tony Blair's pledge
on the single currency and the
constitutional treaty
as gambits to close down the European
issue for an election but to encourage conflict within the Conservatives, EU referendum commitments have been driven largely by British politics.
The Irish Government has still to respond
on these later reports, but already it is clear that the Convention recommendations
on many matters will lead to the holding of referendums
on specific
issues in 2015; and we are likely to see real and significant
constitutional change made
as a result.
Senate Minority Leader Andrea Stewart - Cousins did not praise the
constitutional amendment that would codify the Roe v. Wade decision in state law
as backed by Gov. Andrew Cuomo
on Monday, indicating more urgency was needed
on the
issue.
Particularly
on constitutional issues (in which I admit I'm most interested — and it seems Nick C is too), it seems to me that the agreement,
as it stands, offers a lot of room for some productive LD - Labour agreements, in opposition to the Conservatives.
SNP Westminster leader Angus Robertson said: «Today of all days we are reminded, notwithstanding our differences
on political and
constitutional issues, we are
as one in our dedication to democracy, rule of law and harmony between people of all faiths and none.»
This gives shadow
constitutional reform minister Wayne David to attack him
on the
issue, which is currently being legislated
on (not quite
as glamorous
as Lords reform, admittedly).
Beyond this, it is an open question
as to whether this initiative mechanism should be limited only to
constitutional issues, or rather become an agenda - setting device for generating a citizens» assembly
on any broad political
issue where the relevant number of signatures can be collected.
Miliband said: «
As the person who helped write the manifesto I have always thought the referendum is a good idea, since if you are making such a large
constitutional change I don't see how you can justify not having a referendum...
on this
issue I am pro-reform.
In addition, if the Prime Minister can obtain concessions
on constitutional issues such
as more powers for national parliaments, the removal of the much hated reference to «ever closer union» in the EU treaties or even the promise to renegotiate a new EU treaty at a later stage, he can perhaps persuade another handful of Tory eurosceptics to campaign to remain in the EU.
In a response published
on all the electronic and print media entitled «I have nothing personal against the Government or the President» I answered each of the allegations, showing the role I played in John Mahama's nomination
as Vice Presidential candidate and stated that: «Being my true self I disagree and I have disagreed with the NDC Government
on matters of
constitutional principles, beliefs, values and policy
issues but never
on personal matters.
I'm quite keen
on constitutional issues,
as it happens.
Democrats in the remaining 26 - member conference grumble about the IDC's propensity to side with Republicans
on contentious
issues such
as a
constitutional amendment for independent redistricting and a vote that some saw
as watering down the powers of the lieutenant governor in order to provide needed votes (it was even joked about at the LCA Show in May).
Since then, the IDC has given their four votes to Republicans
on a variety of
issues, such
as a
constitutional amendment for redistricting, a move seen
as a GOP delay tactic.
Constitutional reform is dismissed
as political geekery, something that is way down the average voter's list of
issues, if
on it at all.
Although Bonacic said the Legislature must know in advance of a vote what the terms are, Assembly Racing and Wagering Committee Chairman Gary Pretlow, D - Mount Vernon, said the key is to first remove the
constitutional ban
on games of chance, and deal with
issues such
as casino locations later.
Green Party leaders congratulated voters in Kent, Ohio, for passing
Issue 43, which called for a
constitutional amendment to end corporate personhood and abolish the legal definition of money
as free speech,
as well
as establishment of an annual «Democracy Day» public hearing for residents to testify
on the effect of big contributions from corporations and the wealthy
on elections.
UFT members from Districts 13, 14 and 17
as well
as high schools from those areas heard UFT President Michael Mulgrew speak about the proposed federal education budget cuts, the attack
on unions by far - right privatization advocates, the dangers to hard - won benefits if a state
constitutional convention is held in 2018 and other pressing
issues.
NOW THEREFORE BE IT RESOLVED, that the Association of Erie County Governments urgently asks Governor Andrew M. Cuomo & the Legislative leaders to suspend this law
as soon
as possible and to look at all of the aspects of gun control using the proper legal procedure to bring about a law that will address gun control in a more logical manner, focusing
on the real
issues related to gun control — a law that will strengthen the effect
on public safety and not infringe upon our
constitutional rights.
«How different it would be if the Conservatives had led
on this
issue, like for an English Parliament, then Labour would be doing anything and everything to keep the
Constitutional issue closed down,
as it is they see no downside to opening up the
issue.»
Prior to the FCC, he served for three years
as Chief of Staff to Lee Chu - Ming, Chairman of Hong Kong's largest political party, working
on constitutional and political
issues relating to Hong Kong's change of sovereignty in 1997.
Courts in Colorado and Florida have struck down voucher programs
on other state
constitutional grounds, frustrating the hopes of voucher proponents to frame the
issue as one of religious intolerance.]
This leader in antischool choice strategy describes tax credits
as «bullet - proof
on constitutional issues» because they have survived every legal challenge to date.
You have in your packet a blue sheet that gives you the order of the day, so I won't belabor that too much, but I will just remind you that we're going to start out with a session
on history this morning; then go to a lunchtime segment that will focus
on some of the relevant federal
constitutional issues, including evaluations of the federal attacks
on and defenses of the Blaine amendments; then we will finish off the day with a session that will focus
on litigation strategy related to these amendments and some of the arguments being made for and against them in that litigation,
as well
as a focus
on how debates over faith - based initiatives and school vouchers are affected by these particular state
constitutional restrictions.
Larson brings readers into innards of the
Constitutional Convention: the formation of committees to tackle
issues such
as presidential selection and executive power, debates
on the power to tax and the length of the president's term and the crafting of language to meet the desires of both nationalists and their opponents.
The case's procedural history is very complex (the Advocate General referred to it
as either Kafkaesque or tilting windmills like Don Quixote, depending
on your point of view), so after only a brief factual discussion I will focus
on the two major
constitutional issues that the Court had to deal with:
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.
But creating such divisions will raise, among other
issues, difficult
constitutional issues as to mandatory provincial representation by designated numbers of justices
on the Supreme Court of Canada.
In this post I will focus
on the competence
issue by discussing the particularities of EU
constitutional law and the (modest) challenge a ban
on the sale of exotic imports such
as seal products poses for EU legislative competence.
As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of
constitutional law «based
on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the
issue based upon «her or his own worldview?»
Perhaps a later Court will dismiss Tsilhqot» in
on the federalism
issues as mere obiter and return us to
constitutional orthodoxy — but not, one surmises, without a lot of pain and uncertainty; the sort of pain and uncertainty engendered by Marshall and Bernard for close to a decade.
Nothing in the opinion of this Court, therefore, may properly be regarded
as an adjudication
on the merits of the
constitutional issues presented by these cases, which raise the question of the validity not of the private agreements
as such, but of the judicial enforcement of those agreements.
Studies
on other major
constitutional issues, such
as treaty - making powers and related international matters, are very well advanced.
But given his day job, we might ask, «Where does he stand
on constitutional issues such
as, say, free speech?»
In the following post, I briefly develop both aspects of this equation — pragmatism with regard to the scope of the CFSP versus principle with regard to the reach of EU
constitutional principles into the CFSP — and I conclude with a brief reflection
on the normative
issue of whether the Court stays within its role
as a judicial body, where I suggest the CJEU's approach fits squarely within its duty to say what the law is.
That said, all is not entirely quiet
on the administration front: a variety of guidance and direction has been
issued and «mandatory» draft orders have been proposed by Sir James Munby President of the Family Division (whose main job is not
as an administrator but
as a judge: each should be clearly defined separate
constitutional powers).
«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.»
Bzdera set the basic frame twenty years ago when he described the anonymous unanimous judgment
as a standard high court device for
constitutional questions
on federalism
issues — but the citations that accompany this bold claim bear
on the «unanimous» rather than the «anonymous» aspect.
Henry tries cases before judges, juries and arbitrators and successfully conducts mediations
on a variety of construction projects and
issues,
as well
as on other commercial disputes including public procurement cases addressing
constitutional issues.
In light of Manitoba's
constitutional framework
as judicially interpreted by the Supreme Court in Horseman and Badger, it would appear at first blush that there is no immediate
issue in this province with respect to Aboriginal claims to a treaty right to fish
on a commercial basis.
In justifying this approach, the court pointed to several considerations that SCOTUS identified
as benefits to merits - first: the importance and frequency of the
constitutional issue, the need of police departments for guidance
on the
issue, the purely legal, non-fact-bound nature of the
issue, and the quality of the briefing (with amicus briefs from several advocacy organizations, a group of First Amendment professors, and DOJ's Civil Rights Division).
Having concluded that,
as a matter of empirical fact (
on which more below), the fees at
issue deter substantial numbers of people from pursuing their claims, the Court asked itself whether «the text of» the statute pursuant to which the fees were imposed by the executive, «but also the
constitutional principles which underlie the text, and the principles of statutory interpretation which give effect to those principles» [65] provided authority for setting the fees at their current level.
2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: -
as for the JHA, I must say that whilst I agree with you
on the merits, I can see the
issue raised by the CJEU, since it is quite the same raised by some national
Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR
on the interpretation of such standards within the context of the Convention does not bind the national
Constitutional Court in interpreting the national Constitution standards: e.g..
A judge would code a case with contract and
constitutional issues as if the entire case depended
on constitutional law.
It enables the plaintiff to make an informed decision
as to forum, it enables the defendant to make an informed decision
on whether or not to contest the territorial jurisdiction of the chosen forum, and it enables the fundamental
constitutional issue of territorial competence to be determined
as soon
as the assertion of competence is made by filing the initial pleading...
Although most of us are not
constitutional law experts and do not work
on immigration
issues, we can
as individuals help to promote the rule of law.
More broadly, this ruling will be studied closely by
constitutional lawyers
as it addresses a number of central
issues, including the interplay between the Government's executive powers in international law and legislative sovereignty, the powers of the Court to supervise the exercise of prerogative powers particularly where existing law or rights are affected, and the fundamentally political, not legal, nature of the Sewel Convention
on consultation of devolved legislatures.
Over the past year I've written about the Emoluments Clause; the No Religious Tests clause; limits
on presidential power
as defined in the steel seizure case; the meaning of the oath of office; how the Appropriations Clause constrains lawsuit settlements involving the federal government; how and whether gerrymandering by race and for partisan advantage affects
constitutional rights; judicial independence; the decline and fall of the Contracts Clause; the application of Obergefell to
issues of public employees and birth certificates; Article V procedure for calling a new
constitutional convention; and too many First, Second, Fourth, and Fifth Amendment controversies to list.