Sentences with phrase «principles of constitutional law»

In R (on the application of Gina Miller and Ors) v The Secretary of State for the European Union, the High Court, in a masterly exposition of the principles of constitutional law and statutory interpretation, held that the Secretary of State did not have the power under the Crown's prerogative to give notice under Article 50 and thereby begin the process under which the United Kingdom will leave the European Union.

Not exact matches

In particular, the declaration references the charter's «principles of constitutional contractual citizenship» and «freedom of movement, property ownership, mutual solidarity and defense, as well as principles of justice and equality before the law,» in regards to Muslims and non-Muslims.

Even if all parties were to agree that American republicanism is not classically liberal, or that classical liberalism really is ontologically indifferent, or that the laws of nature and of nature's God are the foundation of constitutional order and that these are the same thing as natural law — even if, in other words, all parties were to agree to some version of a pristine American founding harmonious in principle with the truth of God and the human being — returning to the first principles of the eighteenth century isn't much more realistic than a return to the first principles of the thirteenth.

Fishon, I'll call you what you are: you are a troll and a bully, and the RIGHT churches with absolute standards are full of bullies like you who are not content to follow your exacting standards in your churches; you are trying to make total strangers in the world at large subject through them in the secular courts and laws, flipping your middle fingers at the principle of constitutional separation of church and state.

All three take me to task for excluding natural law as a source of new principles in constitutional adjudication.

The dark irony of American constitutional democracy is that our judges» whose special responsibility it is to preserve the core democratic principle of equality before the law» are the ones whose edicts have betrayed this principle.

This is an alienating isolation, for it is both «a natural law and constitutional principle of the human being» to cooperate with his fellow man to promote the common good.

«The laws of nature and of nature's God» ultimately are our constitutional order: to be a citizen of America is to adhere without qualification to the regime based on those principles.

The opinion was of a kind we are used to seeing by now from Justice Kennedy: long on windy rhetoric about «dignity» and ad hominem attacks on the basic human decency of the law's defenders, and short on actual coherent legal reasoning from recognizable constitutional principles.

The dark irony of American constitutional democracy is that our judges — whose special responsibility it is to preserve the core democratic principle of equality before the law — are the ones whose edicts have betrayed this principle.

What is one's place in a political regime that regards abortion as defining of the constitutional covenant, that expands the principle to other institutions of both private and public law, and that politically disempowers opponents?

Whether they are invalidating a law protecting partially born babies, or upholding one restricting the speech of pro «life counselors, their invocation of constitutional principles merely provides rhetorical cover for decisions dictated by ideological goals.

It would cut across two constitutional principles which are also fundamental components of the rules of law.»

State secretaries of state are prohibited as a matter of law and constitutional principle from conducting foreign affairs.

Sagay said, «Applying the principle of law, enunciated in the above cited cases, I am fortified in my submission that the Senate lacks the constitutional power to summon me to justify my condemnation of the illegal actions of its members.

«The leaders of the House of Representatives will do well to focus on their primary constitutional duty of making laws for the peace, order and good government, and performing oversight role on spending of public funds rather than engaging in inherently execution functions of designing and executing projects This will enhance the operation of the sacred principle of separations of powers and the ability of the House to properly hold the executive to account for spending of public funds.»

Advancing the idea of a British constitutional court at an EU justice select committee hearing in the House of Lords earlier this month the justice secretary, Michael Gove, said it could give British judges the power to decide not to enforce EU law if it was contrary to basic principles.

A source of inspiration for these governance pioneers is the influential game designer Ralph Koster's Declaration of the Rights of Avatars, a document that is a fascinating hybrid of real - world constitutional law and high - tech lingo: «The principle of all sovereignty in a virtual space resides in the inalterable fact that somewhere there resides an individual who controls the hardware on which the virtual space is running, and the software with which it is created, and the database which makes up its existence.»

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

Although he would occasionally follow precedent instead of the original understanding of constitutional text, Scalia argued that, in general, originalism was the only principled way for judges to avoid enshrining their own policy preferences into the law.

Second question is relevant from the point of view of constitutional rights and laws is the question of the legitimacy of the judge as the balancer, especially when the judge doesn't have sufficient constitutional standing to apply principles from this standpoint, and that when he does so, he unduly restricts and even usurps other powers enshrined in the constitution.

Allowing government money to flow to these institutions without holding them to non-discrimination laws is a clear violation of one of the central principles of our constitutional order: «the Constitution does not permit the State to aid discrimination.»

«We must always evaluate policy proposals in light of principles like rule of law and the logic of our constitutional system.

Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law Cultural Cognition of Scientific Consensus

The nuanced complexity of video games has resulted in an inconsistent application of legal principles drawn from multiple fields, including Intellectual Property Law, Constitutional Law, and Business Law.Loading Law launched in October 2013 with the purpose of providing both current and practical analysis of developing legal issues in video games.»

«ARL will be arguing that the Court should not recognize a justiciable duty to consult at any stage of the law - making stage as it would be contrary to the constitutional principles of parliamentary sovereignty and the separation of powers and would severely impede the law - making process which is integral to the rule of law in Canada,» according to an article on ARL's website.

She claimed that the «de facto point of reference is domestic constitutional law and its understanding of the principle of legality».

The second, logically connected, is that the alleged conflict between the interpretation of Article 325 TFEU given by the ECJ and Italian Constitutional law (the principle of legality in criminal matters as laid down by Article 25 (2) Const.)

The ICC held that under Italian constitutional law the principle of legality covers not only the definition of criminal offences and the applicable penalties but also statutes of limitations periods.

When the rule of law was deemed an unwritten constitutional principle in Roncarelli it conveyed «a sense of orderliness, of subjection to known legal rules.»

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

However, a review in 2013 in the University of Pennsylvania Law Review by Stuart Minor Benjamin indicated that the broad interpretation provided to speech under the First Amendment would require a significant reconceptioning of these constitutional principles if there was to be any extensive regulation of algorithms as proposed by Wu.

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?»

How are articles about constitutional law, competition law, the precautionary principle or the application of Article 6 ECHR to staff cases really to be reconciled, so that they will neither disappoint those interested in one particular field, nor those who seek to find some deeper coherence?

The judicial precedent of constitutional law has evolved through a process in which courts interpret, apply, and explain the meaning and context of particular provisions and principles of the constitution during a legal proceeding.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

In this respect, I believe it can only be commended that the Court attributes a meaningful role to the principles of democracy and the rule of law — principles which, after all, rank amongst the EU's founding constitutional values as expressed in Article 2 TEU.

I doubt that thinking most Aboriginal issues are about money, rather than constitutional law principles, international law principles, or human rights principles is any kind of insight.

In both cases, the CJEU interprets Treaty provisions affecting the CFSP broadly in light of transversal constitutional principles (democracy and rule of law).

The duty to make legal services adequately available should be given constitutional status based upon a Canadian Charter of Rights and Freedoms s. 15 «equality rights» argument that recognizes, «legal services at reasonable cost» as a constitutional right, based upon the principle that being middle class, or of «middle income,» and unable to obtain legal services at reasonable cost, is a state of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke constitutional rights and freedoms, and the rule of law.

This difference of treatment shall be implemented taking account of Member States» constitutional provisions and principles, as well as the general principles of Community law, and should not justify discrimination on another ground.»

The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at that time.

Maduro disagreed, finding that international law can only take effect under the conditions prescribed by the constitutional principles of the Community.

This reasoning would apply anywhere in the U.S. and is not specific to a particular state or territory as double jeopardy is a principle of U.S. Constitutional law that applies directly in federal courts (including the courts of territories and commonwealths) and indirectly through selective incorporation against the states via the 14th Amendment.

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170,Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170,constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984).

Using that statute to challenge physician non-competes that were signed prior to July 12, 2016 arguably would seek to give the statute improper retroactive effect, and may also run afoul of state and federal constitutional law principles.

The constitutional principle to respect the rule of law and comply with our international obligations is reflected in the Ministerial Code — which applies to me as much as to any other minister.

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.

One of the Supreme Court of Canada cases cited by McEwan, the Roncarelli case, held that the rule of law is a «fundamental postulate of our constitutional structure,» which would seem to be one of those underlying principles having full legal force.