Sentences with phrase «under a constitution which»

Does the nation want to live under a Constitution which permits and anticipates actions that are racially discriminatory?

Not exact matches

The Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy Clause,» under which federal laws trump state laws.
Attorney Robert Dolinko of San Francisco labor and employment law firm Nixon Peabody is doubtful Senigaglia would have a strong case if she alleged a violation of privacy, which is a right under the state of California's constitution.
«It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws... for the President to authorize the military to use lethal force within the territory of the United States,» he wrote.
For starters, it's not clear that a U.S. president can unwind a trade agreement on their own without the approval of the U.S. Senate and House of Representatives, which have ultimate control over trade under the U.S. Constitution.
Bill 12 clearly creates the authority for the province to do that which it it not permitted to do under the Constitution.
It removes proposals to revise the Constitution from the realm of partisan political controversy, and it necessitates the retention of means, similar to those which have been used in the past, to give the needed flexibility to the development of the Constitutional system — means which, as we have already seen, placed the political destinies of the American people under the immediate direction of a group of benevolent guardians.
Ignacio Comonfort was the first president elected under the constitution of 1857, in which the Church was legally restrained.
Few believers are likely to pledge their allegiance to a government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the Constitution» can systematically close off any form of political opposition by declaring it to betray the «inevitable inference» of animus.
Thus, Nicholas Lash - in, of course, The Tablet - on the Apostolic constitution which has authorised and enabled the setting up of jurisdictions under which Anglicans may become Roman Catholics not individually but collectively.
The importance of the second and third issues is obvious for decisions about a written constitution, which later was interpreted as involving judicial review of acts of Congress, and for a federal union of states having partial autonomy under a national government.
The rulers, who, as in Shõtoku's constitution, represent heaven, are to provide a nurturant and paternal regime under which the people can flourish.
United in it, under its new constitution adopted at Jerusalem and under the farseeing chairmanship of Dr. John R. Mott, are not only all the Protestant missionary forces of the West, but also the National Christian Councils which in recent years have come into being in China, Japan, India and many other parts of what is commonly called the missionary field.
Under our existing constitution, the final decision about Scottish independence rests with the UK Parliament, which will confer sovereignty on Scotland through a statute.
The referendum ballot paper explains: «Under the Falkland Islands constitution the people of the Falklands Islands have the right to self - determination, which they can exercise at any time.»
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
If the father and / or mother of the baby born at Palmyra Island were U.S. citizens that would have been an alternate means by which the child would be a U.S. citizen at birth in that case, and a U.S. citizen is also under the U.S. Constitution a citizen of the U.S. state in which he or she resides.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
It pointed out that «as government may be swayed away by the euphoria, we would like to draw your attention to a possible breach of Article 35 clause 5 of the 1992 constitution under the Directive Principle of State Policy which states:
«The PDP holds that the governor and the APC are jittery and unpopular of going into the grass roots elections in the state, thus the decisions to control the councils by nomenclature of executive secretaries and sole administrators, which are alien and offensive to the provisions of our Constitution, which under section 7 guarantees only democratically elected local government council administrations.»
There are two reasons why the «broadcasting contribution» (Rundfunkbeitrag) was not created as a tax, both of them rather technical: Under the German constitution, the states are responsible for cultural affairs (which includes broadcasting, but also schools and universities).
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constitutional Republic.
First in his original budget, and then in the 30 - day amendments released last Friday, Cuomo placed controversial ethics and education reforms in appropriations bills, over which the Legislature is afforded very little power under the state Constitution.
«The time having elapsed, I can not under the circumstance, aid and abet INEC to further infringe on the provisions of the Constitution, which I have sworn to defend,» he said.
It said the other legal error apparent on the face of the record could be found under Article 10 of the NPP Constitution, which deals with the removal and suspension of elected officers from the level of constituency, regional and national officers.
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.
Evans did not, however, at the time pursue an appeal, which is the only means under the party constitution to lift a suspension.
Cuomo said under the constitution, the governor doesn't have to give a speech at all; he need only provide a written «memo» to lawmakers, which his office said he will produce very soon.
Secondly, to use the historical records to show that the Delta Foods Ltd case which the political White Paper is at pains to wish away and turn into the responsibility of Nana Addo Dankwa Akufo - Addo of the New Patriotic Party is one of two examples of what happens when Vice-Presidents or Presidents usurp the Attorney - General's functions under the Constitution.
«It was under this cloud that members of the APC made the appeal to me to join their party, with the promise that the injustices and failure to abide by its own constitution which had dogged the then PDP, would not be replicated in the APC and with the assurance that the vision other founding fathers and I had for the PDP could be actualized through the All Progressives Congress.
First, an individual can not sue a state in federal court under the Eleventh Amendment of the United States Constitution, unless the state gives consent or Congress waives immunity, which in this case did not happen.
Under the German constitution, the states are responsible for cultural affairs (which includes broadcasting, but also schools and universities).
Its Committee on Basic Education, which investigated the controversial tenure extension, stated that the President had no power under the 1999 Constitution (as amended) to extend the tenure of a permanent secretary, who had served out her full service length and retired in February, 2016.
The celebrations of 31st December with carnivals, route marches etc having a tendency to glorify the coup d'etat of 31st December, will weaken the people's resolve to enforce this right, or perform this duty, ie their resolve to frown upon, and / or reject coups, a result which will have the effect of undermining and subverting the Constitution, 1992; but surely it is an unlawful means under article 3 (3)(a) of the Constitution, 1992 if only because its result is a subversion of the Constitution 1992...»
The gravamen of their petition is that in exercise of my rights as a citizen of Ghana under the 1992 Constitution, I wrote four articles published on 2nd November 2016; on or about 15th November, 2016; on or about 29th July 2017; and on or about 7th August 2017 which were «carefully designed by to expose the Party to public hatred, ridicule and opprobrium and to lower its reputation in Ghana and elsewhere.»
He explained that Section 13 of Act 959 of the Office of the Special Prosecutor Act is not amendable to the provisions of Article 199 of the 1992 Constitution, which deals with the retiring age of public servants «because the Special Prosecutor and the Deputy Special Prosecutor are not appointed under Chapter 14 of the Constitution
Cuomo said under the constitution, the governor doesn't have to give a speech at all; he need only provide a written «memo» to lawmakers, which his office said he'll produce very soon.
So how come that out of Government the incompetent John Dramani Mahama surrogates in the NDC, which was not the appointing authority under Article 217 of the 1992 Constitution, now have the audacity to ask me to produce evidence on an incompetent appointment they did not make?
The Executive Committee may consent or may advise the Chairperson of the County Committee to consent to the use of the name Democrat or Democratic by clubs, organizations or associations seeking to incorporate, organize or associate under the Democratic Party label only if such club, organization or association satisfies the requirements of subsection (b) and that the constitution of such organization provides that no amendment can be adopted which does not comply with the Rules and Regulations of the Democratic Party.
It is to be noted that West Bengal was under the rule of Left Front, (lead by CPI [M]-RRB-, which had people with communist mind, and the party itself was democratic, as per the constitution of India.
He said a strong political system based on regular elections, a new constitution and legislation would be key to securing the rights of many in society, including women's rights which he warned were under threat in many parts of Iraq.
It's unclear, however, whether the New York Legislature's mechanism would actually pass muster under Article III, Section 6 of the state Constitution, which reads, «Each member of the legislature shall receive for his or her services a like annual salary, to be fixed by law.»
[6] In 1938, a written constitution was adopted by the Co-operative Party which formalised links between the two parties, and in 1946 Co-operative candidates first stood in elections under the Labour Co-operative banner.
Alhaji Yirimea said amongst others that «The circumstances under which the Director of Finance and Administration and others were relieved of their positions was contrary to Article 10 (6) and Article 9 (F)(ii) of the NPP Constitution which gives the National Executive Committee (NEC), the sole power to appoint and dismiss Directors of the Party.
We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission under Article 218 (a) of the 1992 Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which states «to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.
That case, which NY State fought for a decade resolved that young people in NY have a right under our Constitution to a «sound basic education.»
Once they have made that pronouncement, never would the executive under section 5 headed by Mr. President which execute laws made by the National Assembly under section 5 of the constitution nor the legislature which is bicamerally controlled by the Senate President and the Speaker of the House of Representatives, none of them has the power to tell a court of law that the bail you have granted we are not obeying it because of that hallowed doctrine of the separation of powers.
SERAP believes that the effect of the non-payment of salaries and allowances of judges is to reduce the purchasing power of judges, diminish the benefits to which they are entitled under the 1999 Constitution (as amended), and ultimately weaken the judiciary, which is the last hope of the common man.»
A mere reference to a provision of the constitution for a court lower than the Supreme Court to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution».
It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.
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