«We tried to have
the system of constitutional conventions abolished,» he explained.
Not exact matches
A
constitutional convention has at its heart an assembly
of citizens charged with making proposals for the basic rules
of the political
system, e.g., the voting
system or the creation
of new national or regional law - making bodies.
«What I'm saying here is pointing at a very, very irrational possible outcome
of our potty electoral
system, which is that a party that has spectacularly lost the election because fewer people are voting for it than any other party, could nonetheless according to
constitutional tradition and
convention still lay claim to providing the prime minister
of the country.»
A
Constitutional Convention is a rare chance for the people
of New York to come together to transform a broken
system, giving us the opportunity to:
«The
Constitutional Convention movement was always about fundamentally reforming our broken
system and transforming the state's government from an embarrassment into a proud model for the rest
of the nation.»
«At the very heart
of that
system is the
constitutional convention of collective Cabinet responsibility.»
The following provisions shall apply to States Parties which have a federal or non-unitary
constitutional system: (a) with regard to the provisions
of this
Convention, the implementation
of which comes under the legal jurisdiction
of the federal or central legislative power, the obligations
of the federal or central government shall be the same as for those States Parties which are not federal States; (b) with regard to the provisions
of this
Convention, the implementation
of which comes under the jurisdiction
of individual constituent States, countries, provinces or cantons which are not obliged by the
constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities
of such States, countries, provinces or cantons
of the said provisions, with its recommendation for their adoption.
The Italian
constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the
Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the
Convention, arguing that such rules nevertheless protected a different
constitutional principle
of the national constitution and the
convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the
convention could not modify the constitution, beng it a lower rank act - so from a theoretical point
of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think
of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU
system)
Among her other writings were Privy Council, Cabinet, and Ministry in Britain and Canada: A Story
of Confusion, Attitudes in the Philadelphia
Convention towards the British
System of Government,
Constitutional law — citing Canada's Constitution — problems and proposed solutions; If the queen were to abdicate: procedure under Canada's constitution; Ontario's courts, 1867 - 1987: conflicts and confusion; Parliament, the Executive and the Governor - General; Parliamentary privilege in Canada; Robert's Rules
of Order: editions, reprints, and competitors; The Canada Act 1982 — some facts and comments; The Judiciary in Canada: the Third Branch
of Government, and Defining Constitution
of the Province — The Crux
of the Manitoba Language Controversy.
The Canadian way is to fall back on a
constitutional nicety that flows from one
of the basic principles or
conventions of the parliamentary
system: for a party to govern it must have the confidence
of the House.