Sentences with phrase «by fundamental rights»

Praising a series of justices, Hittinger says that they «did not mean by fundamental rights a blank check that could be filled in by judicial discretion.»

Contrary to most European civil law systems, clients of solicitors and barristers in England and Wales are protected by a fundamental right to withhold confidential communications with their lawyer from the court, as an exception to onerous obligations of disclosure not seen in civil law jurisdictions.

Not exact matches

The World Justice Project ranked the US 18th in the world in its most recent rule - of - law rankings, judged by criteria like accountability, absence of corruption, respect for fundamental rights, and access to justice.

There is also the fundamental problem with mass - market retailing in general right now, which is that players like Target are being squeezed by even leaner players like dollar stores from the bottom and luxury players at the high end.

The US Declaration of Independence provided a constitutional and limited government, whose fundamental goal was to protect property rights and whose legitimacy came from empowerment by the people.

Tanya Beder, a former hedge fund manager and founder of the asset advisory firm SBCC, describes her outlook for 2015: «Right now the global economy is driven by policy, not fundamentals.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

That right was outweighed by the fundamental constitutional right to abortion.

His conversion on the road to Damascus is a fundamental description of how worldly knowledge and power are illusions that often enable us to persecute the Church but that, by grace ones vision may be put right.

But charity, too, is true: «The earthly city is promoted not merely by relationships of rights and duties, but to an even greater and more fundamental extent by relationships of gratuitousness, mercy and communion.»

By Julie's account, things went off the rails in the execution, but that fundamental recommendation was the right thing to do.

To hold that same - sex marriage is part of the fundamental right to marry, or necessary for giving LGBT people the equal protection of the laws, the Court implicitly made a number of other assumptions: that one - flesh union has no distinct value in itself, only the feelings fostered by any kind of consensual sex; that there is nothing special about knowing the love of the two people whose union gave you life, whose bodies gave you yours, so long as you have two sources of care and support; that what children need is parenting in some disembodied sense, and not mothering and fathering.

Fundamental rights are neither created by the lawmaker nor granted to the citizen.

It will, accordingly, afford constitutional protection (or the equivalent, among the rights tacitly retained by the people) to the fundamental human right to personal initiative, including economic initiative.

But such would have to be Arkes» outlook: if indeed there are fundamental principles of natural law and natural right, discernible to the human mind generally (as Arkes thinks), then policies or practices that effectively deny these can only be supported for the short term, or in the long term only by continuing fraud and force.

The judge in the case has faced sanctions by the European Union «because of his harsh sentences for those on trial for exercising a fundamental human right,» the center said.

The fundamental (excuse the pun) problems with far - right Christianity are exactly the same issues our Savior spoke about to the Pharisees: judgmentalism, hypocrisy, intolerance, and the hyper - extremity of observing the letter of the law rather than its spirit (as evidenced by statements from various preachers that people such gays and disobedient children should be killed).

We have moved from a place in which human rights have been guaranteed by virtue of some understanding of transcendent derivation, to a dispensation in which even the most fundamental rights are to be regarded as existing at the whim of the electorate.

Olson also invoked «fundamental rights» and was queried by Justice Scalia as to just exactly when it became unconstitutional to exclude homosexual couples from marriage: 1791 with the Bill of Rights, 1868 with the 14th Amendment, or some other date, perhaps after the Court declined in 1971 to review a Minnesota Supreme Court decision upholding opposite - sex marriage requirerights» and was queried by Justice Scalia as to just exactly when it became unconstitutional to exclude homosexual couples from marriage: 1791 with the Bill of Rights, 1868 with the 14th Amendment, or some other date, perhaps after the Court declined in 1971 to review a Minnesota Supreme Court decision upholding opposite - sex marriage requireRights, 1868 with the 14th Amendment, or some other date, perhaps after the Court declined in 1971 to review a Minnesota Supreme Court decision upholding opposite - sex marriage requirements?

But religious people would maintain that the inalienability of fundamental rights depend on the doctrine that they are not gifts of the state or even of the people who constitute the state, but the gift of the Creator as the US Constitution puts it or the Spirit as we would say in India, and that therefore these rights can not be taken away by the state or the people.

During the years of colonialism the peoples of the colonies in Asia, Africa and the Americas were not considered as subjects with fundamental rights to be respected by the European colonizers.

Since the Court found that state and local educational policy were in conflict with fundamental democratic rights as expressed in the Constitution, it ruled that local self - determination in respect to segregated schools must be overruled by national policy.

Modernity's emphasis on secularism involves three elements - a) the desacralisation of nature which produced a nature devoid of spirits preparing the way for its scientific analysis and technological control and use; b) desacralisation of society and state by liberating them from the control of established authority and laws of religion which often gave spiritual sanction to social inequality and stifled freedom of reason and conscience of persons; it was necessary to affirm freedom and equality as fundamental rights of all persons and to enable common action in politics and society by adherents of all religions and none in a religiously pluralistic society; and c) an abandonment of an eternally fixed sacred order of human society enabling ordering of secular social affairs on the basis of rational discussion.

I have repeatedly related the story of how the Constituent Assembly came to accept the inclusion of freedom of religious propagation in the clause on fundamental rights of religious freedom in response to the Indian Christian community voluntarily giving up the communal representation proposed by Britain as safeguard for the Christian minority.

«The immediate outcome was an offer by Sardar Patel and accepted by the Assembly that religious freedom in its full sense including the right to propagate religion should be written into the Constitution, not as a minority right but as a fundamental right of human person» (MMT, Social Reform amongst Indian Christians.

The fundamental presupposition in this view is that the activities by which persons are brought to true freedom issue from loyalty to what is true and right, which is the only sure and enduring source of creative energy.

Since the legitimacy of institutions of governance» be they democratic or otherwise» depends ultimately on their capacity and willingness to preserve and promote the common good by, above all, protecting fundamental human rights, the failure of the institutions of American democracy to fulfill their responsibilities has created what is truly a crisis.

And while humans today are said to be entitled to rights as fundamental as life or as strange as access to Wi - Fi, the entire notion of rights is undergirded by an implicit assumption of the dignity of all human persons.

It was the announcement by Mukherji and D' Sousa that the Christian Community had decided to forgo special communal representation in the legislature and other communal safeguards so that there would not be political exploitation of increase of numbers through conversion that there was a spontaneous decision in the Constituent Assembly to include propagation of religion as a fundamental human right of the citizen.

Everyone will have a slightly different version of what this implies, but I think a few global principles emerge and they are often the powerful fundamental human rights explored by Keats and other philosophers.

That's one of the most fundamental differences, I think, between a deeply conservative position and a strictly libertarian one: conservatives think that for all its merits, the right we have to choose in the marketplace needs to be shaped by virtue and ordered by a moral order (I never tire of pointing out that Adam Smith thought himself a moral philosopher).

The council called on the new government to «restore constitutional order and affirm citizens» political, economic and other fundamental rights and freedoms» and to assert «the territorial integrity of Ukraine, whose independence is a gift from God and is valued by our entire nation, which is why we have no right to allow for its separation, as this would be a sin before God and future generations.»

This takes the widely accepted fact that the strength of basic forces of the universe, as measured by fundamental physical constants, are exactly right, and «fine - tuned», for a development upon the Big Bang which produced planets like ours, fit for the evolution of life.

First, the Declaration of Independence generally offers a vision of rights (at least fundamental ones) in which rights precede government, measure government, and in fact provide a justification for rebellion when violated by government.

He warns that by adding them to the well - publicized list of «fundamental rights and freedoms» which was accepted as public world law in the Universal Declaration of 1948 and its subsequent Conventions, we risk diluting the «true» rights and place them at the mercy of changing policy decisions.

The LGBT community will fight for justice by votes I always remember my black friend who MYsaid, «Clifford, If you think being gay is bad try being black snd gay.My belief is that ENDA rights be fundamental since most people need jobs but the LGBT communty is not allowed common employment rights.

Just as there are laws within a nation that forbid a person to misuse his liberty, so there should be laws under which the irresponsible use of a nation's powers over its own citizens could be judged; that is to say, the rights of self - determination by the nation should be subordinate to the fundamental rights of man.

Bishop Paulose who was deeply concerned about civil liberties and other fundamental rights of citizens realized that the Emergency was an attempt to crush democracy by an authoritarian regime.

Modernity is represented by three forces - first, the revolution in the relation of humanity to nature, signified by science and technology; second, the revolutionary changes in the concept of justice in the social relations between fellow human beings indicated by the self - awakening of all oppressed and suppressed humans to their fundamental human rights of personhood and peoplehood, especially to the values of liberty and equality of participation in power and society; thirdly, the break - up of the traditional integration of state and society with religion, in response to religious pluralism on the one hand and the affirmation of the autonomy of the secular realm from the control of religion on the other».

... Since man enjoys the capacity for a free personal choice in truth... the right to religious freedom should be viewed as innate to the fundamental dignity of every human person... all people are «impelled by nature and also bound by our moral obligation to seek the truth, especially religious truth» (Second Vatican Council, Dignitatis Humanae, 2)... let me express my sincere hope that your expertise in the fields of law, political science, sociology and economics will converge in these days to bring about fresh insights on this important question andthus bear much fruit now and into the future.

In fact the fundamental rights of the citizen require that all traditional communities change, breaking traditional hierarchies and patriarchies, to bring about social justice by giving the dalits, the tribals and the women who were excluded from the traditional power - structures of society, fuller participation in the power - structures; and the State is called upon to assist it by suitable legislation and other means.

The first and most fundamental human right is the right to life, or, to be more precise, the right of an innocent person not to be deliberately killed, whether by public authority or private license.

Most Americans assume that the separation of church and state is a fundamental principle deeply rooted in American constitutionalism; that the First Amendment was intended to ensure that government does not involve itself with religion (and vice versa); and that contemporary debates over such vexing issues as school prayer, voucher programs, government funding of faith - based organizations, and the rights of religious minorities represent ongoing attempts to realize the separation intended by the Founders and like - minded early Americans.

Since the legitimacy of institutions of governance — be they democratic or otherwise — depends ultimately on their capacity and willingness to preserve and promote the common good by, above all, protecting fundamental human rights, the failure of the institutions of American democracy to fulfill their responsibilities has created what is truly a crisis.

«There is much cant about protecting the rights of children but, as Pope John Paul II said, the right of a child to be brought up under one roof by its natural parents should be seen as one of the most fundamental of all human rights.

The letter, signed inter alia by the EU ambassador, Francesca Mosca, cited various international human rights instruments to claim that abortion was a «fundamental human right».

It is a sin against the dignity of persons and their fundamental rights to reduce them by violence to their productive value or to a source of profit.

«Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family... The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.»

These rights are then declared to be so fundamental that deprivation or limitation of them is arbitrary unless justified by «a compelling state interest,» of which the Court is the judge and often finds not to exist.

The report reveals how Chinese companies, attracted by the Cambodian government to invest in local agro-industry, have been violating the fundamental rights of communities and destroying livelihoods and ecosystems over the past six years.