In 2002, O ' Donohue launched a court action that argued the Act of Settlement violates the Canadian Charter of Rights and Freedoms, but the case was dismissed by the court, which found that, as the Act of Settlement is part of the Canadian constitution, the Charter of Rights and Freedoms does not have supremacy over it.

The current 1991 constitution does not have that requirement, but subsequent administrations have tended to include members of opposition parties.

While the constitution does not expressly state that these agreements are allowed, and constitutional scholars such as Laurence Tribe think they're unconstitutional, the U. S. Supreme Court has upheld their validity.

Estonia does not have a state church ; religious freedom is guaranteed by the constitution.

The constitution does permit the Governor to act without the consulting the Executive Council and even go against its instructions, but in both cases the Governor must immediately inform the Secretary of State for Foreign and Commonwealth Affairs in the United Kingdom, who can overrule the Governor's actions.

The constitution of Finland and its place in the judicial system are unusual in that there is no constitutional court and the supreme court does not have an explicit right to declare a law unconstitutional.

Although the government gained in status under the new constitution, this does not affect the guiding role of the party over the government.

* Puerto Rico does not have the rights of a state as granted by the US constitution, because it is not a state.

Despite the importance of the office of prime minister, the constitution does not mention the office by name.

The constitution also empowers the Council of State, acting by a majority of its members, to " make such provision as to them may seem meet " for the exercise of the duties of the president in any contingency the constitution does not foresee.

In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the Court is usually so specific that the constitution gives all power to one of the coordinate political branches, or at the opposite end of the spectrum, the issue presented is so vague that the constitution does not even consider it.

If there is an issue where the court does not have the constitution as a guide, there are no legal criteria to use.

In the United Kingdom, the exercise of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution.

In the same way, the King does not have supreme liberty in the exercise of the aforementioned functions ; all of these are framed, limited or exercised " according to the constitution and laws ", or following requests of the executive or authorizations of the legislature.

( The King is the head of state, but the constitution does not attribute to him any executive faculties ).

However, under influence from the American constitution, the Australian constitution does define the three branches of government separately, and this has been interpreted by the judiciary to induce an implicit separation of powers.

I believe it can and does apply most efficiently, from the simple circumstance that the more diversified the descendants from any one species become in structure, constitution, and habits, by so much will they be better enabled to seize on many and widely diversified places in the polity of nature, and so be enabled to increase in numbers.

The constitution provides for freedom of the press, but the government does not practice it.

The Brazilian federal constitution does not have a supremacy clause with the same effects as the one on the U. S. constitution, a fact that is of interest to the discussion on the relation between treaties and state legislation.

The act did not require tribes to adopt a constitution.

The ROC legal theory, which is supported by the pan-blue coalition, suggests that any fundamental constitutional changes would require that the amendment procedure of the ROC constitution be followed.

From the perspective of the ROC constitution, which the mainstream political parties such as the KMT and DPP currently respect and recognize, changing the ROC ’ s governing status or completely clarifying Taiwan ’ s political status would at best require amending the ROC constitution.

The FMA's Republican co-sponsors, Senator Wayne Allard ( R-CO ) and Representative Marilyn Musgrave ( R-CO ), announced new language for the proposed amendment on March 23, 2004, replacing the second sentence of the amendment with " Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.

This reading would render superfluous the Tenth Amendment's specific mention of powers denied to the government, thereby violating the canon of interpretation that, as most famously articulated by John Marshall in Marbury v. Madison, 5 U. S. ( 1 Cranch ) 137, 174 ," t cannot be presumed that any clause in the constitution is intended to be without effect ; and therefore such construction is inadmissible, unless the words require it.

( 3 ) Changes of the constitution, usually a treaty, require unanimity.

Immediately fearing the worst, and anxious that a royal attack by King Louis XVI was imminent, the deputies congregated in a nearby indoor tennis ( Jeu de paume ) court where they took a solemn collective oath " not to separate, and to reassemble wherever circumstances require, until the constitution of the kingdom is established ".

In subsequent constitution making, federal states have often adopted bicameralism, and the solution remains popular when regional differences or sensitivities require more explicit representation, with the second chamber representing the constituent states.

The new Directory government, led by < span lang =" fr "> Sieyès </ span >, decided that the necessary revision of the constitution would require " a head " ( his own ) and " a sword " ( a general to back him ).

The authority to interpret the constitution is vested in the Council ; interpretative decisions require a three-quarters majority of the Council.

It was the intent of the people of California when they voted to amend the state constitution in 1918, to require the Legislature to establish a simple system that guaranteed full provision for adequate insurance coverage against liability to pay or furnish compensation.

In 1992, the state constitution was amended to require candidates for governor and lieutenant governor to be nominated and elected as a ticket.

The countries with a federal structure typically require that amendments to the federal constitution be approved by some or all of the federal entities as well as by the federation as a whole.

For instance, a vote on the union constitution would require that each member have the right to see the proposed changes, distribute information in support or opposition thereof, and have their union bound by the result of the election.

It has been argued by Jeremy Webber and Robert Andrew Young that, as the office is the core of authority in the province, the secession of Quebec from Confederation would first require the abolition or transformation of the post of Lieutenant Governor of Quebec ; such an amendment to the constitution of Canada could not be done without, according to Section 41 of the Constitution Act, 1982, the approval of the federal parliament and all other provincial legislatures in Canada.

Lincoln also co-sponsored and supported legisation to amend the constitution to require a balanced-budget amendment.

He could introduce new laws into the Roman constitution which did not require ratification by any of the Roman assemblies, but were often put to a vote all the same.

( As these rights are defined by the constitution, the decision would require a two-thirds majority.

Federations usually require the support of both the federal government and some given percentage of the constituent governments for amendments to the federal constitution to take effect.

He was arrested in October 2002 and sentenced to five years in prison for stating at a ' People's Conference ' in Tripoli that reform in Libya would require a constitution, free speech and democracy.

The Supreme Court has interpreted those two clauses identically, as Justice Felix Frankfurter once explained in a concurring opinion: “ To suppose that ‘ due process of law ’ meant one thing in the Fifth Amendment and another in the Fourteenth is too frivolous to require elaborate rejection .” In 1855, the Supreme Court explained that, to ascertain whether a process is due process, the first step is to “ examine the constitution itself, to see whether this process be in conflict with any of its provisions.

The constitution distinguishes between which powers they may exercise on their own ( Article 46 ), and which require the countersignature of the head of the Andorran government, or the approval of the " Síndic General ", the Andorran legislature ( Article 45 ).

Certain treaties require the participation of the co-princes ( or their designated representatives ) in their negotiation process as well as their final approval ; these are detailed in Articles 66 and 67 of the constitution.