Sentences with phrase «under constitutional»

Her conclusion, under constitutional advisement, on the then hypothetical question: certainly not immediately, but only after the government should have lasted at least six months.

Within government, it has notably been ministers closest to the law — Lord Falconer, under a constitutional duty to defend the rule of law, and Goldsmith — that have defended those such as the unfortunate Judge Griffiths Williams.

In turn, the Council can only sign and ratify the withdrawal agreement once it has obtained the «consent» of the European Parliament (this is on the assumption that any withdrawal agreement would not be classified as a «mixed» agreement which would also require ratification under the constitutional procedures of each of the remaining 27 member states).

After a false start through criminal charges against two men (see Blackmore v. British Columbia (Attorney General) 2009 BCSC 1299, the province began a reference in the B.C. Supreme Court under the Constitutional Question Act R.S.B.C. 1996, c. 68, s. 1, asking:

An equally compelling question under our constitutional structure is who will make these society - defining decisions.

Certainly, one could argue that public law adjudication requires a certain adjudicatory structure, such as the presence of an appeals mechanism and permanent courts with tenured judges; yet, this disregards that arbitration is not an infrequent mode of settling disputes between public law bodies and private actors also at the purely domestic level, and is obviously accepted under the constitutional provisions of the legal systems involved.

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

The arresting officer is therefore under a constitutional obligation to facilitate the requested access to counsel at the first reasonably available opportunity.

A state has jurisdiction over a crime under constitutional due process limits on the scope of a state's criminal jurisdiction if the crime is either committed within the state (regardless of where the harm occurs) or is directed at or impacts the state (the classic example is a gunshot fired from the Ohio side of the state line killing someone located in Indiana, which could be prosecuted in either state, or in both states as it doesn't violate double jeopardy to be prosecuted for the same offense by more than one sovereign).

Under a constitutional amendment approved in 2011, the certifications could have continued until age 80.

This would be a means of recognizing in our most fundamental law that Quebec existed in our country as a distinctive part of it with unique needs in such matters as language and culture and that courts would need to take the existence of this «distinct society» into account when analyzing provisions under constitutional challenge.

However, I would argue that the most desirable way in which the Luxembourg Court could exercise this authority would be to decide that the question of revoking notification falls under the constitutional requirements of the Member State.

But the WSIA's restrictive approach to mental stress claims (as compared to its more expansive approach to claims involving a physical injury) is now under constitutional scrutiny as a result of a recent case of the Workplace Safety and Insurance Appeals Tribunal («WSIAT»).

The Supreme Court of Pakistan is currently hearing a case against him under a constitutional petition praying that Nawaz Sharif be disqualified under articles 62/63 of the constitution where a Member of the National Assembly must be, among other thing, be honest.

Is this provision effectively different from the first amendment, under any constitutional and historical viewpoints?

For the first time, the formula established a minimum threshold for state funding under a constitutional obligation to furnish an «adequate» public education.

They sought to bar retention of these fourth - and eighth - graders, but the court rejected their due process claim, concluding that students do not have a reasonable expectation of promotion and thus property right under this constitutional provision.

Through the 2008 — 09 school year, administrators have been considered in compliance if their schoolwide average class sizes were under the constitutional limits.

As a result, white suburban school districts were under no constitutional requirement to integrate their schools when their new white students had fled a central - city school district that was promulgating a desegregation plan.

Demonym: Jamaican: Government: Unitary parliamentary representative democracy under constitutional monarchy • Looking for a serious relationship for love & romance?

In these circumstances, the Nigerian Army under its constitutional mandates for Military Aid to Civil Authority (MACA) and Military Aid to Civil Powers (MACP) has continued to act responsively in synergy with other security agencies to de-escalate the series of MASSOB / IPOB violent protests.

«The best place for the military is to function under a constitutional order and to discharge its duties as the protector of national sovereignty.

Under a constitutional amendment approved by voters statewide last fall, a total of four casino licences will be awarded in three regions: the Hudson Valley / Catskills, the Albany - Saratoga area and the Southern Tier.

Under the constitutional rules governing protocol in the event of a hung parliament, Brown, as the sitting Prime Minister, would remain in office until a new government could be formed, a process which could continue without resolution until the State Opening of Parliament, which was scheduled for 25 May.

The final legislation renames the Tappan Zee Bridge after former Gov. Mario Cuomo; provides a financial incentive package to entice Vernon Downs racino and harness track to remain open; offers $ 55 million in relief for Lake Ontario communities ravaged by flooding; tweaks a law to allow New York City first responders to receive an accidental disability pensions even if they don't receive a federal Social Security disability pension; and creates a 250 - acre forest land bank to allow for certain public utility projects under a constitutional amendment.

Boris Tadić has advocated an early presidential election that is required under constitutional law, since the adoption of the new Constitution of Serbia, after the successful constitutional referendum in October 2006.

First of all, Dearborn, Michigan, and Frankford, Texas, are on American soil, and under Constitutional law.

The Justice Brobbey Commission was formed by President Akufo - Addo under Constitutional Instrument (CI) 105 to, among other things, inquire, into the need and substantial demand for the creation of new regions which include Northern, Volta, Western and Brong Ahafo Regions.

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

Former President Jerry John Rawlings says based on his personal experiences and observations, he believes two five - year terms should be enough for Presidents serving under a constitutional democracy.

The proposal floated by Krueger and Samuels would use licensing fees of approximately $ 8 million a year from each of the seven casinos authorized under the constitutional amendment, assuming, of course, that's it's given second passage by the Legislature this year — not a foregone conclusion — and also passes muster with the public in a referendum vote.

According to him, his hands are tied because Ghana currently is under a constitutional regime hence it would be difficult to take...

State Senate Racing, Gaming and Wagering Committee Chairman John Bonacic floated the idea of increasing the number of potential new casino sites allowed under a constitutional amendment being pursued by the Legislature and Gov. Andrew Cuomo.

Under constitutional rules, that made the sitting VP President.

The omnibus extraordinary session package also provides a financial incentives to entice Vernon Downs racino and harness track to remain open; offers $ 55 million in relief for Lake Ontario communities ravaged by flooding; tweaks a law to allow New York City first responders to receive an accidental disability pensions even if they don't receive a federal Social Security disability pension; and creates a 250 - acre forest land bank to allow for certain public utility projects under a constitutional amendment.

Has never applied to the private work place and isn't protected under your constitutional rights.

The South fired first, on Fort Sumter, and Lincoln took immediate action under his constitutional powers as president and military commander in chief.

My only goal was to select the candidate who would be most subject to the constraints of power under our constitutional system.

This falls under Constitutional Amendments 5 and 14, which guarantee «Due Process of Law.»

Flaherty asked the court to rule that the federal government can take this step under its constitutional jurisdiction over trade and commerce.

Not exact matches

Spain's IBEX remained under pressure as a constitutional crisis grows in the country.

As with aboriginal title, the constitutional framework that we operate under does not favour Gateway.

The cofounders of the firm declined to testify, initially invoking their constitutional under the First Amendment and later under the Fifth as well.

But under the golden halo of absolute power, they became an autocratic «bad emperor» without any formal constitutional means of ridding the system of its excesses.

Under Kenney's rationale, that judgment extends to other constitutional matters too, like equalization; or after a referendum Alberta launches over, say, National Energy Board pipeline approval rules or a federal carbon tax.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.

The country, suffering from skyrocketing inflation and rampant food and power shortages, is currently operating under a «constitutional state of emergency» as protestors call for the removal of President Nicolas Maduro.

Ramirez filed a challenge to his detention in Seattle federal court on Monday, arguing that the government violated his constitutional rights because he had work authorization under the DACA program, his lawsuit said.

Since NAFTA was approved by Congress under an implementing law, some constitutional scholars suggest the president would need to ask Congress to vote to withdraw from the agreement.

Under the Canadian constitutional framework, the negotiation of international trade agreements falls under the jurisdiction of the federal governUnder the Canadian constitutional framework, the negotiation of international trade agreements falls under the jurisdiction of the federal governunder the jurisdiction of the federal government.