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"The NLC hasn't been cooperative in devolving power [through a legislative clause] so the traditional owners can get decision-making power.
The bugging and snooping appears to have been carried out with high political authority under a 1994 legislative clause that sanctioned espionage on the grounds of "the economic wellbeing of the UK".
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That means an urgent rethink is required on several of the legislative clauses outlined by the prime minister if both the letter and the spirit of the Smith commission are to be delivered.
The Investigatory Power Act, as it now is, creates an updated framework for state surveillance capabilities, enshrining in law investigatory powers that had previously been authorized in the shadows via a patchwork of obscure legislative clauses.
As lawmakers were working on a draft budget early in the current legislative session, a clause requiring the Texas A&M System to demonstrate progress on the project in order to receive the funds was considered as an additional accountability measure.
One Bush choice for the courts, Michael McConnell, now a federal appeals court judge, has argued that the Supreme Court was wrong to rule that the equal protection clause required legislative districts with roughly equal numbers of people.
In contrast to the current debate over the meaning of the Citizenship Clause, the legislative debates occurring at the time Congress approved the Clause demonstrate that both its proponents and opponents agreed that it recognizes and protects birthright citizenship for the children of aliens born on U.S. soil.
In 2006, Goodwin Liu, then an assistant professor at the Boalt Hall law school of the University of California, Berkeley, and later an Associate Justice of the California Supreme Court, wrote that although the legislative history of the Citizenship Clause is "somewhat thin", the clause's central role is evident in the historical context of the post-Civil War period.
Following the ECJ strike down, the U.K. government passed "emergency" interception legislation, aka DRIPA, to fill the legislative gap (DRIPA has a sunset clause, hence attempts to inject similar measures in the separate counter-terrorism bill).
Of course, there never was a time when that requirement for collective worship was unchallenged, and written into the legislative framework was the withdrawal clause.
Britain resents the way the Americans talk a good game on free trade but get crafty on the tariffs and quotas, with Congress including "Buy America" clauses in its legislative processes.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com