Justice Jawwad remarked "tell us if federation says we have not to initiate any proceedings and he comes again and abrogate the constitution and he is not prosected then it is binding on court to issue any order on this count.
No one can be allowed to abrogate constitution once again.
It seems that ever since the Court gave Congress this opportunity to abrogate state sovereign immunity through legislation, it has done all it can to limit this ability and shield the states from such suits.
When Congress would create legislation with the intent to abrogate state immunity, the Court responded by placing greater limitations on Congress's ability to abrogate through their broad interpretation of the language of the Eleventh Amendment.
Section IV evaluates whether the new limitations placed on Congress's ability to abrogate state sovereign immunity through legislation invalidates the TRCA's attempt to abrogate.
In Seminole Tribe, the Court established that there are two requirements that need to be met for legislation to validly abrogate a state's Eleventh Amendment immunity.
Therefore, if the Court were to evaluate the constitutional validity of the TRCA's attempt to abrogate state sovereign immunity and subject states to suit in federal court for trademark infringement, the attempt would probably be ruled unconstitutional.
In recent years, the Supreme Court has ruled unfavorably towards Congressional attempts to abrogate state sovereign immunity.
In 1976, the Court carved out another exception to state sovereign immunity when it held that Congress could abrogate state sovereign immunity through legislation.
Therefore, the court said, the IDEA successfully abrogates the Arkansas defendants' Eleventh Amendment immunity.
Supreme Court precedent holding Congress may abrogate the states' Eleventh Amendment immunity when exercising its enforcement power under [sections] 5 of the Fourteenth Amendment.
In other words, unless the other party to the agreement opts to abrogate or to suspend it in whole or in part, it continues in force even in the face of a material breach by one party.
But even in such a hypothetical situation one permanent member would not have the authority to abrogate the cease-fire resolution.
It is laid down in clear terms in article 6 of the constitution that case of high treason be registered against the person who abrogates
He further said that in the opinion of Altaf and the MQM, one who abrogates
and subverts the constitution is a "patriotic general", but in the eyes and opinion of the CPP, any general who abrogates
and subverts the constitution is a "traitor general" and that the general should be tried under Article 6 of the constitution.