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Topic: Constitutional charter

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In the News (Wed 21 Aug 19)

  On the Constitutional Charter of Serbia and Montenegro   (Site not responding. Last check: 2007-10-31)
The constitutions of the member-republics too, particularly the 1990 Constitution of Serbia and partly the 1992 Constitution of Montenegro, were never in agreement with the federal Constitution, as well as several of the acts of the member-republics and the federation, which only fills up the picture of the situation concerning the rule of law.
After adoption in the assemblies of the member-republics, the Charter is to be passed on to the Assembly of the Federal Republic of Yugoslavia, to be adopted and promulgated.
Constitutional Charter is the supreme legal act of the State Union of Serbia and Montenegro, and it may not be maintained that it was drafted in haste.
www.cecl.gr /RigasNetwork/databank/REPORTS/r24/Nikolic.htm   (3037 words)

 [No title]
The Constitutional Court considers it necessary right at the beginning of its evaluation to refer to its judgment of 15 August 2000 (Pl. ÚS 25/2000), in which it rejected a petition from a group of deputies of the Chamber of Deputies of the Parliament of the CR to annul provisions of the amending act.
In this regard the Constitutional Court believes that the petition inexactly and especially incompletely perceived the substance of the arguments used by the Constitutional Court of the CSFR in the reasoning of its judgment, and therefore cannot agree with the interpretation made by the petitioners.
The Constitutional Court considers it undoubted that the relevance of the stated presumption decreases with the passage of time from the fall of the totalitarian establishment, and therefore considers lustration legislation to be temporary, as is the case in Germany and in various countries in central and eastern Europe.
test.concourt.cz /angl_verze/doc/p-9-01.html   (8892 words)

Podgorica — The Constitutional Commission, which is supposed to hand in the draft of the Constitutional charter of Serbia and Montenegro to the parliaments, is expected to discuss today the issue of their future way of work — informs Podgorica daily newspaper "Pobjeda".
One — the Charter should not have a preamble, two — the state union is composed of member states, Serbia and Montenegro, and three — the union represents one international legal subject.
Coordinator of the delegation of the Montenegrin Parliament in the commission for drafting the Constitutional Charter Dragan Kujovic said that if approved by parliaments and the signatories of the Agreement, the Constitutional charter could be arranged by two Governments.
www.montenegro.yu /english/vijesti/arhiva/avgust2002/12/vijesti.htm   (351 words)

 Mauritania - Constitutional Charter
Like the Constitution, the Constitutional Charter of February 1985 pledged adherence to principles embodied in the Universal Declaration of Human Rights and in the charters of the United Nations (UN), the Organization of African Unity (OAU), and the League of Arab States (Arab League).
The fundamental powers and responsibilities of the CMSN, outlined in Article 3 of the charter, included establishing the general policies of the nation, promulgating ordinances to carry out policy, monitoring actions of the government, ratifying international agreements, and granting amnesty except in cases of retributory justice and religious crimes.
A second ordinance, promulgated at the same time as the charter, governed the internal organization of the CMSN and supplemented the charter.
countrystudies.us /mauritania/56.htm   (824 words)

 BBC News | EUROPE | Text of Serbia-Montenegro agreement
Based on the opinions expressed in the Assembly debate and the Assembly resolutions, the constitutional commission whose members shall be delegated by the Serbian, Montenegrin, and FRY Assemblies shall undertake the drafting of a Constitutional Charter, the highest legal act of the Serbian-Montenegrin union of states.
The constitutional judicial function is exercised in relation to constitutional acts by the ministries of the Council of Ministers.
After adoption of the Constitutional Charter in accordance with the provided procedure, elections shall be held and the Assembly of Serbia and Montenegro shall be constituted, and the president of Serbia and Montenegro, the members of the Council of Ministers, and the judges of the Court of Serbia and Montenegro shall be elected.
news.bbc.co.uk /2/hi/europe/1874523.stm   (1025 words)

 Constitutional Charter of Serbia and Montenegro - Wikipedia, the free encyclopedia
The Constitutional Charter of the State Union of Serbia and Montenegro came into force on 4 February 2003, and united Serbia and Montenegro under one government, replacing the earlier Federal Republic of Yugoslavia.
This was the third time in history such a union had been attempted.
Article 60 of the constitution required that a minimum of three years pass after its ratification before one of the member states could declare independence, as indeed happened when Montenegro voted to approve an independence referendum in 2006.
en.wikipedia.org /wiki/Constitutional_Charter_of_Serbia_and_Montenegro   (151 words)

 Serbia and Montenegro: Compliance with obligations undertaken upon accession to Council of Europe - Humanitarian Law ...   (Site not responding. Last check: 2007-10-31)
Harmonization of the constitutions, laws and ancillary legislation of the two republics making up the state-union with the Constitutional Charter of Serbia and Montenegro and ratified international instruments was to have been completed on 4 February 2003, six months to the day of the promulgation of the Constitutional Charter.
The Constitutional Charter states[8] that the competence of military courts, prosecutors and solicitors will be transferred to the bodies of the member states of the union.
Under the Act on the Implementation of the Constitutional Charter, legislation to this effect was to have been enacted within six months of the entry into effect of the Charter.
www.hlc.org.yu /english/Other/Other/index.php?file=717.html   (3569 words)

The Constitutional Charter is now expecting the reply of the Agreement signatories in order to proceed with the work next week.
The deadline for drafting of the Constitutional charter is September 1.
The progress in drafting of the Charter is being followed also by the experts of the political department of the Council of Europe and the Venetian Commission.
www.montenegro.yu /english/vijesti/arhiva/avgust2002/13/vijesti.htm   (511 words)

 Chapter 2
All laws now existing or which may hereafter be enacted relating or making reference to cities under constitutional charter or constitutional charter cities, shall be deemed to and shall apply and be valid only in relation to cities of this state defined and declared in this section to be cities under constitutional charter.
Any constitutional charter city may at any time extend its limits by ordinance, specifying with accuracy the new lines to which it is proposed to extend its limits.
There shall be an assessment division in any constitutional charter city not situated within a county which shall consist of the assessor and such deputy assessors and employees as may be provided by ordinance.
www.moga.state.mo.us /STATUTES/chapters/CHAP082.HTM   (8665 words)

 [No title]
NWAC was concerned that their exclusion from direct funding for constitutional matters and from direct participation in the discussions threatened the equality of Aboriginal women.
The outcome of the constitutional discussions could not be predicted and a "merely hypothetical consequence" was no basis for judicial intervention in the constitutional reform process.
She denies that ITC is a male-dominated organization and points to the fact that the Inuit Committee on Constitutional Issues directing the representation of Inuit interests in the constitutional discussions is composed of seven members, three of whom are women.
www.indigenousbar.ca /cases/nwac.htm   (11254 words)

 History 10 Teachers Activity Guide
However, the Charter did limit the right to vote to a very small minority, about 100 000 of the wealthiest people from a total population of 30 million.
In the mind of the king, the Charter was clearly dead; a document such as the Charter was completely unnecessary when a king ruled by divine right.
Thus the Charter was no longer a king's gift to his people, but the creation of an elected assembly which was at least partly representative, and which reflected the views of many French people.
www.sasked.gov.sk.ca /evergreen/history10/activity/unit3/u3act2sis.html   (3464 words)

 Canadian Constitutional Documents   (Site not responding. Last check: 2007-10-31)
(The longest surviving constitution is that of the United States of America.) Turbulent, because of the forces pulling on it from every direction: From the Judicial Committee of the Privy Council of the United Kingdom, through provincial battles for power with the Federal Government to Patriation, and beyond.
Constitution Act 1867, which excludes Quebec from the section relating to the organization of schools in the province (section 93).
Amends the Constitution Act, 1867, to raise the number of senators to 105 from 104, to allow Nunavut to be represented by one Senator.
www.solon.org /Constitutions/Canada/English/index.html   (2858 words)

 Charter88 - Welcome
Last week, the Charter 88 Executive and the New Politics Network Council agreed to further integrate their work together and to begin formal consultation with their members with regard to eventually merging the two organisations.
Charter 88 and New Politics Network have worked increasingly closely together for the past three years under our "Democracy Project" agreement.
The increasing enactment of such legislation in the absence of proper and adequate constitutional safeguards is the issue that most concerns us at Charter 88.
www.charter88.org.uk   (1073 words)

 German Law Journal - The Constitutional Significance of the Charter of Fundamental Rights*
According to the institutional adaptation approach then, the Charter's significance would be measured in terms of whether or not the Charter would put states under pressure to adapt their respective constitutional settings accordingly.
In turn, if a constitution is defined as "not static and bound to the state, but dynamic ... as a process of step-by-step constitution of legitimate ... sovereign power," (14) then the Charter's impact would be evaluated according to its part in the process of constitution-making.
The constitutional significance of the Charter therefore depends on first, the varying constitutional traditions in the current and potential EU member states (pathos or process), second, the belief of historical efficiency (yes or no), and third, the type of action applied (intervention or interaction).
www.germanlawjournal.com /print.php?id=113   (5869 words)

 [No title]
When the constitution was brought to Canada from Britain in 1982, then-prime minister Pierre Elliott Trudeau fought to include the Charter of Rights and Freedoms.
Trudeau was a constitutionalist in the sense that he believed very strongly that constitutions with an entrenched charter of rights that would be protected by the courts are an important element of what it means to live in a free society," says former Ontario premier Bob Rae.
But provincial governments feared that the charter would take away some of their power, so eight premiers demanded the inclusion of a clause that allowed, with some restrictions, an exemption for provincial governments that deemed a charter right incompatible with their own laws and jurisdictions.
www.cbc.ca /news/features/constitution   (1400 words)

 Does the European Union have a Constitution ? Does it need one?
Is the Constitutional Charter of the European Union comparable to the Constitution of a State?
It is sometimes seen in the comparative light of the constitutional process which took place in the United States of America some two hundred years ago, and which was about the creation of one State, one Nation, one People.
To be or not to be in favour of such a Constitution often means to be or not to be in favour of the establishment of a Federal or a Confederal European State.
www.jeanmonnetprogram.org /papers/00/000501.html   (1793 words)

 Guide for Serbia and Montenegro Law
Constitution Charter of state Union of Serbia and Montenegro (Constitutional Charter)   is the highest legal act.
SCG is a parliamentary democracy based on the principle of three branches of government: legislative (the Assembly of SCG- mono-cameral), executive (the President of SCG and the Council of minister with five Ministries) and judicial.(the Court  of Serbia and Montenegro).
Republic of Serbia Constitution of the Socialist republic of Serbia from September 28, 1990 and  Republic of Montenegro Constitution of Republic of Montenegro from October 12, 1992.
www.law.pitt.edu /library/international/serbiamont.htm   (3031 words)

 Canadian charter of rights and freedoms   (Site not responding. Last check: 2007-10-31)
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
laws.justice.gc.ca /en/charter   (2190 words)

 Acts - CCMR Belgrade   (Site not responding. Last check: 2007-10-31)
A Charter of Human and Minority Rights and Civil Liberties, forming an integral part of the Constitutional Charter, shall be adopted under the procedure and in the manner set forth for the adoption of the Constitutional Charter.
The breach of the Constitutional Charter shall be established by the Court of Serbia and Montenegro.
The procedure for the establishment of the breach of the Constitutional Charter shall be instituted by the Parliament of Serbia and Montenegro.
www.ccmr-bg.org /zakoni/act002.htm   (3933 words)

 NCSC News - Legal Update On School Voucher Programs: Implications for Charter Schools
Of course, charter schools have always competed with traditional public schools.  So why be concerned with private schools entering the competition for public funding?  The short answer is that voucher programs do not hold private schools to the same level of accountability as charter school programs do for charter schools.
Keith Layton is a charter school attorney at Layton Law, pllc and an in-house attorney with ReSolutions Education Services Provider, Inc.  He is licensed to practice law in the states of Arizona and Ohio.  In addition to a Juris Doctor degree, Mr.
U.S. Supp.2d 1056, 1069 (D. Colo. 1999) (a charter school is a public entity because it is an agency, instrumentality and political subdivision of a school district); Colorado Revised Statute § 22-30.5-104(1) (2004) (a charter school shall be a public school); Ariz. Op.
www.ncsc.info /newsletter/dec2004/legal.htm   (2141 words)

This means that the Treaty has superior legal value, in the same way as a Constitution does: just as the different organs of government in any State have to comply with the national Constitution, so the Member States and the Community institutions are obliged to comply with the rules of the Treaty.
The rule of law is perhaps the most fundamental of constitutional guarantees, because all other values depend on it, for them to be upheld at all.
In contrast, the EEC Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of law.
www.jeanmonnetprogram.org /papers/00/000501-01.html   (2521 words)

 Canadian Conservative Forum - Requested Essay
Their acceptance of the Charter in November, 1981 was conditional upon Trudeau's acceptance of the legislative override power.
That is, constitutions are supposed to articulate those core values upon which there is such wide consensus that we want to put them "beyond the reach" of ordinary, day-to-day political scrapping.
Studies have documented how the Charter has eroded this diversity, as judges announce new constitutional norms that must be applied uniformly in all ten provinces.
www.conservativeforum.org /EssaysForm.asp?ID=6199   (4449 words)

 Czechoslovak Constitution of 1920   (Site not responding. Last check: 2007-10-31)
(3) Regulations of the provisional constitution, limiting the period of exercise of the rights of the President of the Republic (Article 11 of the provisional constitution) and delimiting the duty of the Government to publish the law enacted shall remain valid as to laws enacted by the present National Assembly.
Until the election of the full number of members of Parliament, as required by the constitutional charter, the number of members actually elected shall determine the quorum necessary for the enactment of legislation.
(b) The amendment of the constitutional charter (see Article I of the Introductory Law) and the changing of the competence of public officials, unless it be a question of widening the scope of their activities by new duties.
www2.tltc.ttu.edu /kelly/Archive/czslconst1920.html   (9136 words)

 Followers of Light | LotRO All-race Kinship-A promise lives within you now
The Charter will be made as a modern constitutional document having the European Constitution, UN Charter, Charter of the Council of Europe and the Organization for European Security and Cooperation and starting, reference, and inspiration points.
The territorial organisation of the Kinship is regulated by this Charter and the decisions of the legitimate institutions.
Punishable offences shall be prescribed and punishments for their commission pronounced according to the Charter, made executive decisions and/or other regulation which was in force at the time of the commission of the offence, unless the new executive decision and/or regulation is more favourable for the perpetrator.
www.freewebs.com /hallatur/charterofthekinship.htm   (8971 words)

 The Constitutional Charter (of Serbia & Montenegro)
In the new charter, the border between Serbia and Montenegro has been fixed, and cannot be altered without agreement from both parties.
In the case of both states seeking independence, all questions arising out of the process of succession will be regulated as they were in the former Yugoslavia.
Since that neither side could be completely satisfied, as both had had to accept compromises, he feels that the commission deserves recognition for completing such a huge and task.
www.freerepublic.com /focus/news/802744/posts   (760 words)

 The Army National Guard   (Site not responding. Last check: 2007-10-31)
The Army National Guard's charter is the Constitution of the United States.
Article I, Section 8 of the U.S. Constitution contains a series of "militia clauses," vesting distinct authority and responsibilities in the federal government and the state governments.
These clauses and follow-on legislation have sculpted the Guard as you see it today.
www.arng.army.mil /history/Constitution   (411 words)

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