Sentences with phrase «respect the constitution by»

Not exact matches

Yet, even if the preferred outcomes might vary, there has been a general degree of agreement about the need to employ a process that respects the words of the Constitution by not reading new meanings into them and instead defers to democratic institutions.

Since the Court found that state and local educational policy were in conflict with fundamental democratic rights as expressed in the Constitution, it ruled that local self - determination in respect to segregated schools must be overruled by national policy.

U.S. Supreme Court justices, for example, have been called «the nine high priests,» and the sacredness imputed to the Constitution and other artifacts of the legal order are often commented upon.102 No single church evokes the breadth of respect enjoyed by the Supreme Court.

While Morelos's Constitution of Apatzingán was never put into practice, the plan of Iguala (1821), drawn up by Iturbide after independence, also confirmed the official status of Catholicism as the state religion and denied toleration to all other religions.32 The war for independence, in other words, was reasonably conservative in purpose, especially with respect to the church.

With respect to each of these questions, either an affirmative or negative answer can now be shown to be not merely prudent or imprudent but, given the current state of constitutional discourse, actually required or prohibited by the Constitution.

She has, they say, a respect for what the framers meant by the Constitution, and therefore may turn out to be a surprise to some of her judicially activist supporters.

In many respects this principle corresponds to the tenth amendment to the United States Constitution which provides that «The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.»

By this I mean that the entity, when considered «formally,» is being described in respect to those forms of its constitution whereby it is that individual entity with its own measure of absolute self realization.

«The Kaduna State Government wishes to reiterate that it fully respects freedom of religion and other rights as guaranteed by Sections 38 and 40 of the 1999 Constitution.

According to them, much as they are «very much aware of the constitutional process the government is abiding by and wish to commend government for respecting the constitution of the state,» there are some issues «which do not only undermine our sovereign rights as indigenes of the Volta Region of Ghana but also violate some sections of the 1992 constitution».

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whatsoever;

This was immediately followed by one Mr. Baah Acheamfour who proceeded to make a complaint to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal proceedings whatsoever against the party or any member of the party relating to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the party or any other members,» the letter said.

«Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law.

«Obedience to the rule of law by all citizens, but more particularly those who publicly took oath of office to protect and preserve the constitution, is a desideratum to good governance and respect for the rule of law.

We therefore have a collective duty to respect these rights of individuals, especially so, when such individuals occupy very important or strategic institutions of state which the framers of our constitution in their wisdom, found it prudent to guarantee their independence by among others insulating them from the interference or control of the Executive or any other body.

He further argued that Nigeria, as a nation, should not have been in the present situation if the provisions of the constitution were respected by the leadership of the country, insisting that the constitution has specific provisions on how an ailing president could be succeeded, even as he noted that the refusal by the FEC to respect and apply the constitutional provisions had led to the present crisis in the country.

«This is calling on the Attorney General of the Federation and minister of Justice to prevail on the EFCC (Law and Enforcement Agencies) to respect the rule of law and the constitution they have sworn to respect and protect, by promptly ordering Anyim's release forthwith, since no charges have been preferred against him and since he has fulfilled all administrative bail conditions.»

So there must be something wrong with the Constitution - and these people lump together respect for Constitutional Freedoms with the rest of the Constitution, which was written by slaveholders.

Pursuant to the power vested in me by Article IV, Section 3 of the Constitution, I hereby convene the Senate and the Assembly of the State of New York in Extraordinary Session, at the Capitol, in the City of Albany, on the twenty - eighth day of June, two thousand seventeen, at 1:00 P.M. for the purpose of considering legislation I will submit with respect to:

The Louisiana Supreme Court held that spending tax funds for secular educational services from teachers employed by private schools violated three provisions of the Louisiana Constitution: the prohibition against the enactment of any law respecting an establishment of religion and two Blaine Amendments subsequently repealed in 1973.

«We consider it our responsibility to you, and to the rights protected by the Constitution, to respect the privacy of your choice of books and other reading material.

[FN104] FWCC is a state agency authorized by the Florida Constitution, to «exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life.»

Warhol and Bischofberger were bound by a kind of symbiosis, as he advised the artist in many respects, even in terms of the constitution of his works.

Their human rights must be respected and upheld, as guarantee under the Peruvian Political Constitution, the precautionary measures granted by Inter-American Commission on Human Rights (IACHR) on May 5, 2014, the United Nations Universal Declaration on Human Rights, and as supported by the latest determination of the International Criminal Court in The Hague to prosecute company executives, politicians and other individuals under international law for crimes linked to land grabbing and environmental destruction.

A person claiming to be a refugee has a due process right to individualized consideration of their circumstances, either by statute, by treaty, or under the constitution, which the EO does not respect.

Mr Pringle argued that Article 136 (3) TFEU did not respect either of the conditions in Article 48 (6) TEU (in addition to arguing before the national court that by approving the amendment by legislative act rather than a referendum, Ireland violated the Irish Constitution and the famous Crotty precedent).

It held that there is nothing in the Constitution that confers exclusive jurisdiction on the Federal High Court to determine criminal causes and matters in respect of the civil matters for which exclusive jurisdiction is conferred by the Constitution under Section 251 (1).

To me, conservatism shows due respect for a civil justice system that is rooted in the U.S. Constitution and is the greatest form of private regulation ever created by society.

It's also about respect for the common - law principle of right to trial by jury in civil cases that was incorporated into the Seventh Amendment to the U.S. Constitution.

«The Constitution (of the United States) makes no provision for protecting the citizens of the respective States in their religious liberties; this is left to the State constitutions and laws; nor is there any inhibition imposed by the Constitution of the United States in this respect on the States.»

The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondent's failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

That surely can refer only to such controversies in which a State can be a part, in respect to which, if any question arises, it can be determined, according to the principles I have supported, in no other manner than by a reference either to preexistent laws or laws passed under the Constitution and in conformity to it.

That the Constitution, so far as it respects the judicial authority, can only be carried into effect by acts of the legislature appointing courts and prescribing their methods of proceeding.

In Federal Court, they sought the following declarations: (a) that Métis and non-status Indians are «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s 91 (24) of the Constitution Act, 1867; (b) the Queen (in right of Canada) owes a fiduciary duty to Métis and non-status Indians as Aboriginal people; and (c) the Métis and non-status Indian peoples of Canada have the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

On their face, however, they do raise three issues that seem prima facie of concern: 1) the legitimacy of having rulings by the Federal Court about its process without any submissions made on the Committee's behalf; 2) the legitimacy of the Federal Court reviewing the Committee's conduct on an interlocutory basis; and 3) the legitimacy of the Federal Court intervening in a process designed to respect judicial independence, and to provide a mechanism for implementing s. 99 of the Constitution.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

The first area is governed by the Parliament of Canada Act and the Canada Elections Act, as well as the Constitution Act, 1867 with respect to eligibility for the Senate.

[49] It argues that the Constitution should «reflect a modern, twenty first century Australia by providing a legal foundation for reconciliation, where human rights are respected at all levels of government».

Comment: The legal fiction (aided and abetted by widespread public misconceptions about what constitutes a «parent» under the law) also is responsible for the avalanching trend — contrary to historical jurisprudence and contrary to the relationship - based notion of «family» that underlies the «liberty interest» respected by the U.S. Constitution — to consider unwed nonresident biological sires to be «legal fathers.»