Sentence examples for Derogation clause from inspiring English sources
Nonetheless, the fact that there is no derogation clause in ICESCR does not necessarily mean that states would be precluded from derogating from them.
However, this is not the case for the ICESCR, which neither contains a derogation clause allowing for derogations, nor a provision prohibiting derogations.
It has been noted that the Indian courts have thus been used to exemplify how much more deference Singapore courts should give to the Government, and that the Article 14(2) derogation clause was said to confer upon Parliament a great amount of discretionary power.
However, it can be inferred from the purpose of derogation clauses that at least some economic, social and cultural rights are non-derogable.
They are to be distinguished from the general derogation clauses discussed in the previous paragraph.
General opening or derogation clauses are an instrument of organized decentralisation within sectoral agreements; they have no place in enterprise agreements.
General derogation clauses delegate particular issues to be decided at enterprise level under conditions specified in the sector agreement and with outcomes that can deviate from sectoral minima or standards.
The second step is to take into account the frequency and diffusion of local (enterprise) bargaining, the articulation between sectoral and enterprise bargaining, and the existence and use of general derogation clauses or 'open' (framework-type) agreements that leave actual wages to be decided at enterprise level.
But Mr Clarke hopes they will pass: if necessary, he says, he will seek a new derogation from the clause in the European Convention on Human Rights that guarantees a right to liberty.
Consequently, we hold that a taxpayer will have standing consistent with Article III to invoke federal judicial power when he alleges that congressional action under the taxing and spending clause is in derogation of those constitutional provisions which operate to restrict the exercise of the taxing and spending power.
When it was finally implemented in 2010, it was with a huge get-out clause known as the "Swedish derogation".
