Sentences with phrase «constitutional traditions of»

Article 6 (3) in this respect could be the sound reference to apply as a possible limit to the enforcement of Taricco I based on the constitutional traditions of Member States.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

In the choice of the language of the «common constitutional traditions» (Art. 6.3 TEU), the CJEU resorts to a more pluralistic and less identitarian tradition of dialogue, which rather than being read in light of a single legal order, should take into account the pluralism of the constitutional traditions of the various Member States, and be balanced with the ultimate goal of the EU, the achievement of an ever closer Union.

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.

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).

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.

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

Not exact matches

With more than a hint of exasperation, Scalia concludes: «One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions; and will find in our society's tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved.

With scant grounding in constitutional text or tradition, court majorities took it upon themselves (usually over strong dissents) to remove a number of matters from legislative and local control.

Powell a Christian, points out in The Moral Tradition of American Constitutionalism that constitutional rhetoric «is a language of permanence, of settled decision, of absolute political value».

A judge must have humility to seek his primary insights from outside his own moral reasoning: from the text of a constitutional provision, its historical background, the nation's widely recognized traditions, and the democratic body that passed the law that the judge is reviewing.

McConnell explored the value of tradition generally — as a coordinating mechanism, a democratic check on state power, and a depository of values that endure over time — and then moved to a discussion of tradition and change in constitutional interpretation.

Speaking in Westminster Hall in 2010, Pope Benedict XVI spoke movingly about Britain's heritage of constitutional government: «Your common law tradition serves as the basis of legal systems in many parts of the world, and your particular vision of the respective remains an inspiration to many across the globe».

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.

These are the times, as recent issues of this journal reflect, for reassessing our constitutional tradition, and current constitutional decisions and discussions are a good place to start.

And indeed, a current of pride runs through the constitutional tradition from the beginning.

The opening of the document clearly indicates that the demand for human freedom in society expressed in part through constitutional limits on government prompted the council fathers to return to the Catholic Church's treasury of sacred tradition.

This tradition of pragmatic accommodation of non-Islamic beliefs and practices guides Jackson's assessment of America's constitutional regime.

They are finding great value in Burke's understanding of tradition, ordered liberty, natural law, and the place of religion in a modern constitutional government.

The time is ripe for Americans to reconsider the advantages of crowns — or at least, to reflect on what we might be able to learn from constitutional monarchies and the longstanding traditions of England's kings and queens.

When the functions of political community were degraded to a matter of mere «police protection,» both the tradition of the covenant community and of constitutional republicanism were subverted.

The criminalization of ritual circumcision banishes religious autonomy to the constitutional ether; it imposes a top - down view of how to practice religion and raise children, which denigrates both religious tradition and parental decision - making.

Mahoney's analysis shows Solzhenitsyn to be a Burkean «style admirer of constitutional mon archy that gradually evolves toward ordered liberty while preserving his nation's distinctive traditions.

Reform of the constitutional architecture of the UK state over the past two decades has adhered to a conservative orthodoxy based on an enduring belief in the British Political Tradition: the redistribution of power is negotiated between the state and sub-state national and regional elites rather than with the British people.

«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.»

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

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.

That is in the best tradition of British constitutional reform.

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.

WASHINGTON — The inclusion of prayer at a public - school graduation exercise is consistent with the nation's long tradition of invoking God's name during ceremonial events and should be upheld as constitutional, lawyers representing the Bush Administration and a Rhode Island school district told the U.S. Supreme Court last week.

This raises a question very much worth pondering: What is the best way to arrange a city's system of schools given our tradition of local control and the state's ultimate constitutional obligation?

But Canada has developed a strong tradition of keeping church and state separate and the idea of injecting religious imagery into the legal system makes many people uncomfortable, says James Stribopoulous, a professor specializing in criminal and constitutional law at Osgoode Hall Law School.

Despite an illustrious tradition of great criminal defense attorneys — perhaps even because of it, I suppose — Houston has seen fit to rely on court appointments to satisfy its constitutional obligation to provide legal representation to the poor.

And recall as well that the judicial creation of this test (to parallel the express provision in section 1 of the Charter) has been critiqued for being inconsistent with the structure of the Constitution Act 1982 as well as ignoring aboriginal sovereignty and the limitations already placed on aboriginal rights by indigenous laws and traditions (see e.g. John Borrows, «Frozen Rights in Canada: Constitutional Interpretation and the Trickster» (1997/98) 22 American Indian L Rev 37 at 59).

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.

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).

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.

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

That view threatens the lives of people with disabilities and is deeply offensive to fundamental constitutional values and to legal traditions which recognize that parents do not enjoy unfettered power with respect to the lives of their children.

For one thing (and to harken back to my theme three columns ago), the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

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..

As suggested by Pollicino and Fabbrini, a convincing explanation might be that the CJEU has chosen to follow the tradition of dialogue and confrontation that brings the two Courts together, instead of trying to give a definition of the constitutional identity of the Italian Republic.

The question is then: why has the CJEU decided to label the interpretation of the principle of legality as a common constitutional tradition instead of as an element of national constitutional identity?

The Court, in a second step (para 52), recognizes that the principle of legality in criminal matters is protected by Art. 49 of the Charter and is part of the «constitutional traditions» common to EU Member States.

-RRB-, the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

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.

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

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.