Sentences with phrase «constitutional traditions»

In the best British constitutional tradition, I believe it is the simplest one.

As a result, the ECJ attaches a broader significance to the principle of legality as part of the common constitutional traditions of Member States and enshrined in Article 49 of the Charter.

On the other side, instead of recognizing the interpretation of the principle of legality as a part of the Italian constitutional identity, the Court maintained that this interpretation is part of the «constitutional traditions common to the Member States» pursuant to Art. 6.3 TUE..

It evolved from constitutional traditions respecting private property and individual rights, it arose from religious teachings about human dignity, and it sprang from the mind of Kant.

But the clear intent of this history is to find more space in the American constitutional tradition for the exercise of popular sovereignty than either Madison or Wills would like.

Would any of these constitutional arrangements recognise the different constitutional traditions of the two partners to the Union?

Uniformity or deference to national constitutional traditions in the protection of fundamental rights?

In Scotland, the separate history of Scots law and separate constitutional documents such as the Declaration of Arbroath in 1320 have led to differences in views about parliamentary sovereignty and debates about constitutional tradition.

To be sure, Canadian constitutional tradition is laden with denunciations — usually quite ignorant denunciations — of originalism.

In a break from constitutional tradition, Mr Brown published for consultation a 50 - page list of draft bills outlining their main points.

The CJEU has traditionally drawn from both international treaties — in particular the European Convention on Human Rights — and the common constitutional traditions of the EU Member States in protecting fundamental rights.

On a comparative level I found it interesting that they quote Lord Steyn and mention both the Canadian and American constitutional traditions, (though not the Australian), but all the cases cited are from the Indian Supreme Court itself.

It was a pathetic sight, watching Tory MPs line up to vote on a piece of legislation they knew had no meaning and which undercut centuries of useful British constitutional tradition.

Professor Newman adds wants to bolster the propriety of using the «notwithstanding clause» by pointing out that «[i] t tracked a similar clause in the 1960 Canadian Bill of Rights... and was an important clause in bringing together different constitutional traditions».

As the scope of EU law expands the application of the EU fundamental rights regime as well as its relationship with national constitutional traditions will continue to be a source of debate.

In our view, Advocate General Bot failed to handle the request of clarifications of the ICC through the lenses of Member States constitutional traditions and the inherent pluralism of the same, while improperly focusing its attention on the (non) argument of constitutional identity, in the wake of the Gauweiler case.

So called «sofa government» afforded him near presidential status and as Boulton carefully records, Blair's meticulously planned exit strategy was designed at least by those closest to him to maintain that aura no matter how contradictory of Britain's constitutional tradition it might be.

«What I'm saying here is pointing at a very, very irrational possible outcome of our potty electoral system, which is that a party that has spectacularly lost the election because fewer people are voting for it than any other party, could nonetheless according to constitutional tradition and convention still lay claim to providing the prime minister of the country.»

At the UN, meanwhile, global «Climate» Czar Christiana Figueres told reporters that the Communist Chinese system of tyranny — where critics are simply jailed, re-educated, tortured, or executed; and the Communist Party controls all policy — was better suited to fighting «global warming» than America's constitutional traditions of self - government.

They stem, at the same time, from Article 49 of the EU Charter of Fundamental Rights (Charter), the constitutional traditions of Member States and the European Convention of Human Rights (paras 52 - 57).

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

Every now and then, the CJEU is confronted with the question of whether Member States can invoke nationally protected fundamental rights, not belonging to the common constitutional traditions, in order to derogate from provisions of EU law.

A general principle derived from the constitutional traditions common to the Member States» SciFi readers?

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

The Intervenor notes the self - evident fact that Canadian legal and constitutional traditions have always rejected the notion that people should be able to access the worth of someone else's life.

The majority, in the course of disagreeing with those lower courts that applied Grutter to various K - 12 school assignment plans, also emphasizes that Grutter «relied upon considerations unique to institutions of higher education, noting that in light of the expansive freedoms of speech and thought associated with the university environment, universities occupy a special niche in our constitutional tradition.»

The inclusion in the «constitutional traditions» common to the Member States of the interpretation of the principle of legality, as a fundamental right, according to the Italian Constitution is surely one of the most interesting linguistic choice made by the CJEU.

On the contrary, the same tradition has been deeply reviewed by the CJEU, developing the pluralistic idea of constitutional traditions (as outlined in section III above) in criminal matters.

From a scholarly perspective, I found that it's a proud part of our constitutional tradition, that it's perfectly legal and indeed was embraced by the framers as a way to protect people from too powerful law enforcement and too powerful prosecutors.

Entries on the role of constitutional tradition and constitutional covenant in yesterday's debate will follow shortly.

If the Supreme Court were to act thus it would be asserting an authority over Parliament that is flatly ruled out by our constitutional tradition: an assertion of judicial supremacy of this kind would be a coup not a judgment.

As the paper maintains, the same approach is visible in the recent Taricco judgment of the Italian Constitutional Court: while in this reference to the European Court of Justice (ECJ) the Constitutional Court mentioned for the first time ever the words «constitutional identity», its ruling was mostly grounded on the notion of common constitutional traditions.

This provision ranks fundamental rights, as they result from the constitutional traditions common to Member States, among the general principles of EU law.

It is true that Article 6 (3) refers to the constitutional traditions that are common (emphasis added) to the Member States; however, the reference to this characteristic should not prevent to inject a certain degree of pluralism in the notion of constitutional tradition (s), as the ICC has suggested, that makes it possible to reconcile a higher standard of protection entrenched in the national Constitution and the primacy of EU law.