«I'm also pleased to
see federal recognition and some funding to ease our housing crisis.
Not exact matches
Finally, states can help schools
see value in the exams by celebrating schools that achieve high performance or significant progress on the tests with rewards similar to the
federal Blue Ribbon Schools Program or public
recognition ceremonies with the governor or state legislators.
DeVos argued, «ESSA was born of a
recognition that
federal overreach had failed,» and thus she was hoping to
see more flexibility and local control in states» plans.
We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (
see e.g. para 141) and similar comments about «interlocking
federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for
recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the
federal and provincial governments in 1982
see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).
In this case, the Court addressed questions of when
federal courts can enforce arbitration awards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced,
see the discussion of «Enforcement and
Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Trends.
For example, the Principles state: «
Recognition of the inherent jurisdiction and legal orders of Indigenous nations is therefore the starting point of discussions aimed at interactions between
federal, provincial, territorial, and Indigenous jurisdictions and laws» (
see Principle 4).
See for example the reasoning of the High Court in Fejo v Northern Territory (1998) 195 CLR 96 and the full
Federal Court in Yarmirr v Northern Territory [No. 2](1998) 156 ALR 370 that the
recognition of native title must not «fracture the skeletal shell of the legal system» as the basis for not recognising native title as subsisting in certain circumstances and in certain manifestations.
The 11 years since the High Court's decision in Mabo have
seen the
recognition, subsequent regulation and clarification of native title by the
federal Parliament, state and territory parliaments and the court system.