Separation of Powers Sample Clauses

Separation of Powers. Separate institutions for the administration of justice shall be established for the NorthEast, and judicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure the independence of the judges. Subject to Clauses 4 (Human Rights) and 22 (Settlement of Disputes), of this Agreement, the institutions created under this clause shall have sole and exclusive jurisdiction to resolve all disputes concerning the interpretation and implementation of this agreement and any other disputes arising in or under this agreement or any provision thereof.
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Separation of Powers the roles of the main governance bodies
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Separation of Powers. The power of government is divided between three branches: executive, legislative, and judicial
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Separation of Powers. To prevent tyranny and better protect the ideals of justice and individual liberties, constitutional democracies are founded upon the core principles of separate and independent government func- tions combined with checks and balances. The U.S. Congressional Research Service describes the historical intent of separation of powers as drafted into the U.S. Constitution: The framers viewed human nature as inherently bad, and sus- pected that the natural inclination of men is to abuse power. Tyranny, to them, was “the accumulation of all powers, legisla- tive, executive, and judiciary, in the same hands.” To separate the functions of government into independent branches was necessary but not sufficient. Each branch would also need the ability to stand as a check against the others. No branch, how- ever, would possess an overruling influence over the others, and each would be provided with the necessary means to resist encroachment from the others.137 In the 47th paper of The Federalist, Xxxxx Xxxxxxx explained, “The accumulation of all powers, legislative, executive and judici- ary, in the hands of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very defi- nition of tyranny.”138 Xxxxxxxxx Xxxxxxxx also strongly supported the separation of powers between the three branches, and ex- pressed most concern regarding independence of the judiciary: 136. Id. (emphasis added). 137. XXXXXXX X. XXXXXXXX, CONG. RSCH. SERV., R44334, SEPARATION OF POW- ERS: AN OVERVIEW (2016). 138. THE FEDERALIST NO. 47 (Xxxxx Xxxxxxx). 0000] XXXXXXXX XXXXX INTERAGENCY AGREEMENTS 65 “The complete independence of the courts of justice is peculiarly essential in a limited Constitution.”139 Similarly, U.S. Senator Xxx X. Xxxxx, Xx., who was chairman of the Senate select committee that investigated the Watergate scandal, wrote: [J]udicial independence is the strongest safeguard against the exercise of tyrannical power by men who want to live above the law, rather than under it. The separation of powers concept as understood by the founding fathers assumed the existence of a judicial system free from outside influence of whatever kind and from whatever source, and further assumed that each indi- vidual judge would be free from coercion even from his own brethren.140 In the instances when branch functions are shared the original intent at the country’s founding was that such overlap exists for the purpose of checks and balances: Madison recogn...
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Separation of Powers. 32.1 The power duties and obligation of the Landlord in the exercise of its functions or the exercise of its discretion as a local planning authority, highway authority or building regulation authority or as local authority under any other statutory provision and the rights statutes bye-laws orders and regulations of the Landlord under public and private statutes bye-laws orders and regulations may be as fully and effectively exercised in relation to the Property or any part of it as if the Landlord was not a party to this lease 32.2 The actions or omissions of the Landlord in its capacity as local planning authority, local highway authority and/or local authority are irrelevant to any actions or omissions of the Landlord in its capacity under this lease and to the exercise by the Landlord of any rights or obligations under this lease and any consents approvals or decisions of the local planning authority, local highway authority and/or local authority do not bind the Landlord in its capacity under this lease .
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Separation of Powers. Receiver does not dispute, and hence concedes, that she never filed reports otherwise required by §447.539, that she never delivered the funds otherwise required by §447.543, that the moneys are being held to make refunds to utility customers (L.F.75), or that the moneys have been held longer than the statutory abandonment period. (Rec.Brf., 18). Thus, receiver concedes that the law has been violated. Nevertheless, receiver argues that, assuming the Treasurer has the authority to enforce her duty to receive unclaimed property, the circuit judge has superior authority to dispose of the funds (including interest thereon) in violation of the law. She cites cases invoking the separation of powers doctrine, but that doctrine is inapplicable here because the UPA does not permit the Treasurer to exercise powers constitutionally assigned to the judiciary.
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Related to Separation of Powers

  • Limitation of Powers The Trust is constituted solely for the purpose of making the investment in the Equipment Notes, and, except as set forth herein, the Trustee shall not be authorized or empowered to acquire any other investments or engage in any other activities and, in particular, the Trustee shall not be authorized or empowered to do anything that would cause such Trust to fail to qualify as a "grantor trust" for federal income tax purposes (including as subject to this restriction, acquiring any Aircraft (as defined in the respective Indentures) by bidding such Equipment Notes or otherwise, or taking any action with respect to any such Aircraft once acquired).

  • Delegation of Powers Subject to any limitations set forth in the Act, the member(s) may delegate any of its powers to officers of the Company or to committees consisting of persons who may or may not be member(s). Every officer or committee shall, in the exercise of the power so delegated, comply with any restrictions that may be imposed on them by the member(s).

  • Delegation of Power (a) Any Administrative Trustee may, by power of attorney consistent with applicable law, delegate to any other natural person over the age of 21 his or her power for the purpose of executing any documents contemplated in Section 2.7(a), including any registration statement or amendment thereto filed with the Commission, or making any other governmental filing; and (b) The Administrative Trustees shall have power to delegate from time to time to such of their number or to the Depositor the doing of such things and the execution of such instruments either in the name of the Trust or the names of the Administrative Trustees or otherwise as the Administrative Trustees may deem expedient, to the extent such delegation is not prohibited by applicable law or contrary to the provisions of this Trust Agreement, as set forth herein.

  • Application of Policy The policy is to apply to everyone on site without distinction.

  • Vesting of Powers in Successor Whenever the conditions of Section 8.1 have been duly observed and performed, the Successor Corporation shall possess and from time to time may exercise each and every right and power of the Corporation under this Agreement in the name of the Corporation or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by any Directors or officers of the Corporation may be done and performed with like force and effect by the directors or officers of such Successor Corporation.

  • Exercise of Powers All of the powers, remedies and rights of the Collateral Agent as set forth in this Agreement may be exercised by the Collateral Agent in respect of any Security Document as though set forth in full therein and all of the powers, remedies and rights of the Collateral Agent as set forth in any Security Document may be exercised from time to time as herein and therein provided.

  • Dissemination of Policy All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

  • Administration of Agreement All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees. All notices must be given to the parties' contract administrators respectively. The OAG's contract administrator is Xxxxxxxxx X. Xxxxxx, Chief, Bureau of Advocacy and Grants Management. The Provider’s contract administrator will be provided at the time of execution. The parties will provide each other with written notification of any change in its designated representative for this Agreement. Such changes do not require a formal written amendment to this Agreement.

  • General Powers The business and affairs of the corporation shall be managed by or under the direction of the board of directors.

  • DIVERSIFICATION AND RELATED LIMITATIONS 6.1. The Trust and MFS represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. 6.2. The Trust and MFS represent that each Portfolio will elect to be qualified as a Regulated Investment Company under Subchapter M of the Code and that they will maintain such qualification (under Subchapter M or any successor or similar provision).

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