Further, Professor Rosemary Cairns Way suggests that the Supreme Court's exhortation that courts administer the law in conformity with
the constitutional principle of equality «is required in every legal context,» including what is understood as professionally responsible conduct.
Opponents of Berlusconi who had gathered outside the court building in Rome waved the Italian flag on learning the judges» ruling, hailing it a triumph for
the constitutional principle of equality.
Not exact matches
In particular, the declaration references the charter's «
principles of constitutional contractual citizenship» and «freedom
of movement, property ownership, mutual solidarity and defense, as well as
principles of justice and
equality before the law,» in regards to Muslims and non-Muslims.
The dark irony
of American
constitutional democracy is that our judges» whose special responsibility it is to preserve the core democratic
principle of equality before the law» are the ones whose edicts have betrayed this
principle.
The dark irony
of American
constitutional democracy is that our judges — whose special responsibility it is to preserve the core democratic
principle of equality before the law — are the ones whose edicts have betrayed this
principle.
Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with
constitutional requirements and
principles (as I've noted above, if the current requirement around a Statement
of Principle merely required acknowledgement
of our actual existing obligations under the Rules, rather than a general duty to promote
equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).
The duty to make legal services adequately available should be given
constitutional status based upon a Canadian Charter
of Rights and Freedoms s. 15 «
equality rights» argument that recognizes, «legal services at reasonable cost» as a
constitutional right, based upon the
principle that being middle class, or
of «middle income,» and unable to obtain legal services at reasonable cost, is a state
of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke
constitutional rights and freedoms, and the rule
of law.
The equal footing doctrine, also known as
equality of the states, is the
principle in United States
constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at that time.
As the
Constitutional Court has held in its acts more than once, this constitutional principle means the innate human right to be treated equally with others and it consolidates formal equality of all persons, it obliges one to legally assess the same facts in the same manner and prohibits any arbitrary assessment of the essentially the same facts in a varied manner, it does not allow discrimination of persons or granting them a
Constitutional Court has held in its acts more than once, this
constitutional principle means the innate human right to be treated equally with others and it consolidates formal equality of all persons, it obliges one to legally assess the same facts in the same manner and prohibits any arbitrary assessment of the essentially the same facts in a varied manner, it does not allow discrimination of persons or granting them a
constitutional principle means the innate human right to be treated equally with others and it consolidates formal
equality of all persons, it obliges one to legally assess the same facts in the same manner and prohibits any arbitrary assessment
of the essentially the same facts in a varied manner, it does not allow discrimination
of persons or granting them any privileges.
I am proud to live in a democracy that has adopted several forms
of equality, in both public and private spheres, as a matter
of constitutional principle.
Based on ground - up case law analysis it constructs a new taxonomy on the grounds
of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach
of an ECHR protected right or
equality duty, and
constitutional allocation
of powers,
constitutional rights, or other complex
constitutional principles.
The Commission further recommended that the Australian Government should begin a process
of constitutional reform to protect the
principle of equality for all people in Australia, including: