Sentences with phrase «on the constitutional issues raised»

It fundamentally affects his judgement on the constitutional issues raised by independence.

Not exact matches

[105] On January 8, 2008, to address ongoing structural budget issues, Governor Corzine proposed a four - part proposal including an overall reduction in spending, a constitutional amendment to require more voter approval for state borrowing, an executive order prohibiting the use of one - time revenues to balance the budget and a controversial plan to raise some $ 38 billion by leasing the Garden State Parkway, the New Jersey Turnpike, and other toll roads for at least 75 years to a new public benefit corporation that could sell bonds secured by future tolls, which it would be allowed to raise by 50 % plus inflation every four years beginning in 2010.

The lawmakers also resolved to separate the contentious sections of the bill, particularly those on which Buhari had raised constitutional issues.

State Superintendent Tony Evers said Tuesday night before Gov. Scott Walker's state of the state address that the Senate version of the school accountability bill was «on the right trajectory» in dealing with the constitutional issues raised by the Assembly version.

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.

For he said he would «prefer to resolve this case on administrative law grounds and find that it is unnecessary to address the broader constitutional issues raised by the appellants» (para. 70).

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.

I have already said that agreement on a process whereby a Bill of Rights would be entrenched in the constitution will raise other basic constitutional issues.

My half - hearted invocation of my First Amendment rights fell on deaf ears (I figured that one month into my first job was not the best time to raise a constitutional challenge) and we dropped the issue.

There are three requirements for Younger abstention to apply: (1) pending or on - going state proceedings which are judicial in nature; (2) the state proceedings must implicate an important state interest; and (3) the state proceedings must afford an adequate opportunity to raise any constitutional issues.

We, of course, have no occasion to comment here on whatever constitutional issue, if any, may be raised with respect to these statutes.

Further, the constitutional issues were not raised on the original application (ATA, para 14), nor were they before the adjudicator in the first place (ATA, para 17).

Informed by consultations with experts in political science and constitutional law, the report expands on the important issues raised by the Charter First campaign and presents detailed policy recommendations that we believe would increase transparency and accountability surrounding Charter issues, and raise the standard of Charter compliance of laws passed by Parliament.

Last week, in R. v. Cloud, 2014 QCCA 1680, a split judgment from which Chief Justice Nicole Duval Hesler dissented, the Court denied leave, saying that the case did not meet the narrow criteria for raising a new (constitutional) issue for the first time on appeal.

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..

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the «Great Repeal Bill».

These hearings focussed on the issues raised by Bill S - 4 and the Murray / Austin motion, rather than revisiting the much broader range of Senate reform and related constitutional issues that have been considered, in some cases repeatedly, over the years.

Justice Cromwell found that a comprehensive declaration is a more reasonable and effective means of obtaining final resolution on the issues than having individual litigants raising constitutional challenges, especially since summary convictions are not always the best place to raise a complex constitutional challenge.

Defenders of judicial review like to point to the numerous occasions on which the «political branches» of government — that is, the legislature and the executive — act in ways that can not sensibly be supposed to be constitutional, and indeed with very little thought to the constitutional issues that their actions may raise.

The Prime Minister has also raised the possibility of constitutional reform to recognise Indigenous peoples and has identified processes to improve Indigenous representation — two key issues that will impact on the adequacy of rights protection for Indigenous peoples.

A number of submissions made to the Inquiry into the Native Title Amendment Bill 200631 (by the Standing Committee on Legal and Constitutional Affairs) raised issues about the effectiveness of the tribunal in conducting mediation.32