This applies not only to the protection of the rules of democracy, because, on the one hand, even
the laws of a democratic society may be regarded by some as an unjustified limitation of their freedom, and, on the other, there may also be laws which wrongly restrict freedom even though they were promulgated according to the rules of democracy.
A Lagos - based human rights lawyer, Femi Falana, whose law firm was handling the matter, had said the actions of the security agency were against all known
laws of a democratic society.
Not exact matches
We also agree today on many basic features
of a
democratic society: the right to vote, the right to due process
of law, the right to free speech.
The same Americans are not in agreement on what that perception
of reality should mean in terms
of abortion
law, but, if we believe in a
society governed by
democratic discourse and decision, that perception
of reality and the consideration
of its legal ramifications can not be ruled out
of order.
Gross was involved in the project, which helped «implement activities in support
of the rule
of law and human rights, political competition, and consensus building, and to strengthen civil
society in support
of just and
democratic governance in Cuba,» according to a statement from DAI President and CEO Jim Boomgard at the time
of Gross» arrest.
17 Sept To Representatives
of British
Society in Westminster Hall: Allow me also to express my esteem for [your] Parliament... your common
law tradition [etc., etc.]... Yet... if the moral principles underpinning the
democratic process are themselves determined by nothing more solid than social consensus, then the fragility
of the process becomes all too evident... [e.g. the credit crunch lacked] solid ethical foundations... [whereas the British - inspired] abolition
of the slave trade [did not].
«The future
of Burma must be peace, a peace based on respect for the dignity and rights
of each member
of society, respect for each ethnic group and its identity, respect for the rule
of law, and respect for a
democratic order that enables each individual and every group - none excluded - to offer its legitimate contribution to the common good,» he said.
When interpreting the Bill
of Rights, a court, tribunal or forum must promote the values that underlie an open and
democratic society based on human dignity, equality and freedom; must consider international
law; and may consider foreign
law.
Nevertheless the Christian doctrine
of the relation between the ethics
of Law and Grace, the Hindu concept of paramarthika and vyavaharika realms, the Islamic concept of shariat law versus the transcendent law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil cod
Law and Grace, the Hindu concept
of paramarthika and vyavaharika realms, the Islamic concept
of shariat
law versus the transcendent law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil cod
law versus the transcendent
law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil cod
law, and the equivalent ones in secular ideologies like the Marxist idea
of the present morality
of class - war leading to the necessary love
of the class-less
society of the future need to be brought into the inter-faith dialogue to build up a common
democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions
of civil codes.
Granted, the outcome may not be a sharply defined «civil religion» — one that could be universally recognized as such — but at the least it can be anticipated that some kind
of «political religion» will be more likely to emerge in
societies where legal structures take on meaning - bestowal qualities.6 Obviously such political religion can emerge in «totalitarian» as well as «
democratic»
societies, but in either setting it will be the
law and not mere coercion that facilitates social development.
Even if the justices were able to see on the basis
of the French achievement that the political divisions they fear from religious controversy are not inescapable in today's
democratic society, their own need for consistency as they fashion the developing common
law would still prevent them from reversing themselves soon enough to enable the American people to take effective official action to save nonpublic education.
... subject to such formalities, conditions, restrictions or penalties as are prescribed by
law and are necessary in a
democratic society, in the interests
of national security, territorial integrity or public safety, for the prevention
of disorder or crime, for the protection
of health or morals,...
To commit citizens
of Ghana to jail on account
of what they have said at a time when
democratic societies are moving away from such a practice would appear to roll back all the gains made since the repeal
of the criminal libel
law.
The New Patriotic Party (NPP) in Ghana believes in the principles that
democratic societies provide individuals with the best conditions for political liberty, personal freedom, equality
of opportunity and economic development under the rule
of law; and therefore being committed to advancing the social and political values on which
democratic societies are founded, including the basic personal freedoms and human rights, as defined in the Universal Declaration
of Human Rights; in particular, the right
of free speech, organization, assembly and non-violent dissent; the right to free elections and the freedom to organize effective parliamentary opposition to government; the right to a free and independent media; the right to religious belief; equality before the
law; and individual opportunity and prosperity.
He affirmed that the Nigeria Police Force is the first defender
of Democracy and all
democratic institutions in Nigeria and will continue to do so.He stressed that the Nigeria Police Force owes no apology to any individual or groups in its effort to ensure preservation
of law and order, supremacy
of the
law of the land, and make sure that all Nigerians are subject to the same
law, no matter what their position is in the
society.
The petition copied to Mr Zeid Ra'ad Al Hussein UN High Commissioner for Human Rights and the Conference
of States Parties to the UN Convention against Corruption reads in part: «SERAP considers these amendments to be in bad faith, patently an abuse
of legislative powers, politically biased, and demonstrably unjustified in a
democratic and representative
society governed by the rule
of law, and incompatible with the country's international human rights obligations and commitments particularly the UN Convention against Corruption, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.»
Without this safeguard injustice could occur even in
democratic societies with strict adherence to rule
of law.
This right to a remedy is one
of the basic pillars
of the rule
of law and
democratic society.
In a
democratic society, this is meant to be the norm; it is an apostasy for government to ignore the provisions
of the
law and the necessary rules made to regulate matters.
The panel has received an unprecedented 32 designees from participating bar associations,
law schools, and community groups, demonstrating the extensive outreach on behalf the Manhattan
Democratic Party to the legal community and the vitality
of the civil
society surrounding the judiciary here in Manhattan.
By June 1965, a heavily
Democratic Congress had either enacted or was about to enact a host
of ambitious Great
Society programs — an Elementary and Secondary Education Act, Medicare, Medicaid, a Voting Rights Act, reform
of racist immigration
law — that Johnson, a relentless advocate, had been urging upon it.
The truth about these crimes needs to be provided for the protection
of victims
of those crimes but also people and
society (national and international) in general: the identity formation taking place in schools touches upon individual and collective (national) identities at the same time, the objectives
of education under international human rights
law demand putting a student, an individual, in the centre
of the learning process to fully develop his personality and at the same time take into account the demands
of democratic society in state and in the world — the world in which a person needs to manage and which needs good peaceful citizens.
The Canadian Charter
of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by
law as can be demonstrably justified in a free and
democratic society.
The right to buy and own property and for a rule
of law to treat all citizens equally are the hallmarks
of a civilized,
democratic society no matter what it is called.
Because
law societies are not accountable in fact (as distinguished from «in
law»), to the political -
democratic process, it is sadly true to have to say, «there are no economies -
of - scale in the practice
of law.»
This definition has been developed through case
law into a multi-point test which states that the «belief» must be more than a mere viewpoint or opinion; it must attain a certain level
of cogency, seriousness, cohesion and importance and it must be worthy
of respect in a
democratic society and not be incompatible with human dignity and / or conflict with the fundamental rights
of others.
«Whereas it is
of fundamental importance to a
democratic society that its
law be widely known and that its citizens have unimpeded access to that
law;
It shows its preference for the more flexible common
law «reasonable expectation
of privacy» rule, which defines what (information) is and is not amenable to privacy protection based on what ought to be expected in a
democratic society and in the full factual context.
The use
of Letters Patent, a form
of law making legislation with the accepted procedures
of the rule
of law, must conform to our Charter to be valid in a
democratic society.
Lawyers can best gauge whether executive orders are running contrary to the rule
of law in a
democratic society if they «read and listen,» advised Anne Egeler, deputy solicitor general
of Washington State, who was part
of a Washington attorney general team that successfully challenged United States President Donald Trump's executive order on immigration.
The Ontario Court
of Appeal dismissed the appeal, holding that the common
law definition
of marriage offended the equality rights
of gays and lesbians under s. 15
of the Charter in a manner that could not be justified in a free and
democratic society.
With reference to the right to freedom
of expression under the New Zealand Bill
of Rights Act 1990, McGrath J pointed to s 5 which renders all fundamental rights and freedoms subject to such reasonable limits prescribed by
law as can be demonstrably justified in a free and
democratic society.
This applies to legal aid as it does for court and tribunal fees because if ordinary members
of the public do not have the practical means
of resolving disputes, respect for the rule
of law and our
democratic society is liable to break down.»
It presages a
law captured by the rhetoric
of the right to freedom
of expression without due regard to the value underlying the particular exercise
of that right; a
law in which, under the guise
of the right to freedom
of expression, the «right» to offend can be exercised without responsibility or restraint providing it does not cause a disruption or disturbance in the nature
of public disorder; a
law in which an impoverished amoral concept
of «public order» is judicially ordained; a
law in which the right to freedom
of expression trumps — or tramples upon — other rights and values which are the vital rights and properties
of a free and
democratic society; a
law to which any number
of vulnerable individuals and minorities may be exposed to uncivil, and even odious, ethnic, sexist, homophobic, anti-Christian, anti-Semitic, and anti-Islamic taunts providing no public disorder results; a
law in which good and decent people can be used as fodder to promote a cause or promote an action for which they are not responsible and over which they have no direct control; a
law which demeans the dignity
of the persons adversely affected by those asserting their right to freedom
of expression in a disorderly or offensive manner; a
law in which the mores or standards
of society are set without regard to the reasonable expectations
of citizens in a free and
democratic society; and a
law marked by a lack
of empathy by the sensibilities, feelings and emotional frailties
of people who can be deeply and genuinely affronted by language and behaviour that is beyond the pale in a civil and civilised
society.
Indeed, if a
law truly «runs afoul»
of «
society's basic values,» it would be reasonable to expect that
society's disapproval would result in its abolition or amendment through the
democratic process.
There shall be no interference by a public authority with the exercise
of this right except such as is in accordance with the
law and is necessary in a
democratic society in the interests
of national security, public safety or the economic well - being
of the country, for the prevention
of disorder or crime, for the protection
of health or morals, or for the protection
of the rights and freedoms
of others.»
The clause says that the
law can permit a limitation on freedom
of speech if it can be justified as being a reasonable limit in a free and
democratic society.
According to the Court's decision, the infringement is a reasonable limit prescribed by
law that can be demonstrably justified in a free and
democratic society under section 1
of the Canadian Charter
of Rights and Freedoms.
Legal aid should be publicly funded and available to all members
of a
democratic society, particularly those who are vulnerable or disadvantaged, says a new report from The Law Society of British Co
society, particularly those who are vulnerable or disadvantaged, says a new report from The
Law Society of British Co
Society of British Columbia.
It noted the requirement under Article 9 (2) that any limitation placed upon that right must be prescribed by
law and necessary in a
democratic society in order to serve a legitimate aim, including the rights and freedoms
of others, which could be invoked by the defendant in this case.
The order was justifiable under Article 10, since it was both prescribed by
law and necessary in a
democratic society in order to protect the integrity
of the legal proceedings and A's article 3 rights [69]- [76].
The power
of the social media, the news media, the pressure groups, and political parties in opposition, provide the great power
of communication that can very quickly create demands that
law societies be replaced with agencies that are more responsive to the
democratic process.
In finding that the
law's interference with a constitutionally protected right was not justified under section 1
of the Charter, which permits some infringements
of the Charter, provided that the same can be shown to be «demonstrably justified in a free and
democratic society», Justice Abella wrote this:
Mr. Clark's office is located in Toronto at the Criminal
Law Offices on College Street, along with several other independent lawyers and firms not associated in business but sharing a common philosophy
of how and why criminal defence counsel play a key role in guarding Canada's essential characteristic as a «free and
democratic society».
And while reasonable people would not disagree with her basic comments about the importance
of human rights, nor should we lose sight
of the fact that rights can only flourish in a
society that pays heed to its
democratic institutions and the rule
of law.
Taking into account the real challenges
of law enforcement and national security agencies in the Internet age and the fundamental right to privacy that underpins our
democratic society, and after careful study and extensive consultation this past summer, I have concluded that elements
of the proposed legislation raise significant privacy concerns.
The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals,
law enforcement, and policy makers to build a
democratic society that values diversity and the rights
of all people.
Public confidence in the courts is thus a prerequisite for the existence
of the rule
of law and a cornerstone
of democratic civil
society.
There is a «
democratic disconnect» in that
law societies» duty is to the public, but benchers are elected by the members
of their
law societies.
In a
democratic society that honours the rule
of law, independence
of legal counsel from the state is particularly important.