... 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,...
It considered, however, that the ban was not «
necessary in a democratic society» in order to fulfil that aim.
are
necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others (Art. 9 (2), ECHR)
An interference would be considered «
necessary in a democratic society» for a legitimate aim if it answered a «pressing social need» and, in particular, if it was proportionate to the legitimate aim pursued and if the reasons adduced by the national authorities to justify it were «relevant and sufficient».
In determining whether an interference with such rights is justified, the Convention asks whether the interference pursues a legitimate aim, such as national economic interests, and is «
necessary in a democratic society».
It is a fundamental though qualified right, subject to lawful interference in pursuit of legitimate aims (such as the prevention of fraud and crime) and
necessary in a democratic society.
In any event, such a far - reaching prohibition, touching upon the right to one's own cultural and religious identity, is not
necessary in a democratic society.»
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.»
Both of these freedoms may be made subject to limitations embodied in statutes, and which are
necessary in a democratic society in order to maintain public safety, protect health or morality or to defend the rights of other persons.
It could not be said to be either «prescribed by law» or
necessary in a democratic society.
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].
In that case the ECtHR had concluded that a ban on a political advert was not
necessary in a democratic society and so violated Art 10.
The issue on which they disagreed was, therefore, whether such a restriction was
necessary in a democratic society.
The possession proceedings had not afforded the applicant sufficient procedural safeguards with which to ensure that the possession order was a proportionate response to a legitimate aim and, thus,
necessary in a democratic society.
The third condition was that the interference in question was
necessary in a democratic society.
Also, Auld LJ pointed out that the decisions of the European Court of Human Rights «indicated a plain acceptance in principle that interference with family life in this context», to preserve the interests of safety and welfare of children when parents were suspected of abusing them, «may be regarded, as being in pursuance of a legitimate aim, proportionate and
necessary in a democratic society», as per Art 8 (2) of the Convention.
For present purposes, Art 1 of the First Protocol to the European Convention on Human Rights (the Convention) provides that people should not be deprived of their possessions except in the public interest and subject to the conditions provided for by law and by Art 8 of the Convention that there should be no interference with the right to enjoy a private family life and home except as is in accordance with the law and is
necessary in a democratic society in the interests of the economic wellbeing of the country.
Second, in Prince of Wales v Associated Newspapers, the Court of Appeal reiterated that under HRA 1998 the public interest test has changed from the need to show exceptional circumstances which require disclosure of the information to a test of whether a fetter on the right of freedom of expression is «
necessary in a democratic society» (para 67).
Special measures should be appropriate to the situation to be remedied, be legitimate,
necessary in a democratic society, respect the principles of fairness and proportionality, and be temporary.
Not exact matches
They are communitarians, that is, «if philosophical liberals are those who believe that all our problems can be solved by autonomous individuals, a market economy, and a procedural state, whereas communitarians believe that more substantive ethical identities and a more active participation
in a
democratic polity are
necessary for the functioning of any decent
society.»
Well, they are ««
democratic dispositions»
necessary for productive and mutually respectful living
in a diverse, robust, secular pluralist
society.»
1) Charities spend their income on necessities, such as food and utilities, which ever - so - slightly re-orients our economy toward recession - resistant products, rather than luxuries 2) Charities spend their money quickly, but on independent schedules, making for a smoother stimulus effect on the economy 3) Charities make purchases tax - free, meaning that $ 1 spent by a charity generates a full $ 1 of private economic activity; furthermore, much of those tax revenues are recovered as income tax on the grocery stores, utility companies, etc. that might not have received that income otherwise 4) Charitable giving is by far the most
democratic way to improve
society; from birth control to bombers, government assuredly spends money on something you don't like, and charitable giving restores your say - so 5) Charitable donations are tax deductible, meaning you keep those tax dollars
in your local community 6) Charitable donations provide the funds
necessary for volunteers to serve the needy, thus giving «the average citizen» a chance to meet and interact with the needy, breaking down stereotypes
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 codes.
They were so common at the beginning of the twentieth century that politicians like Theodore Roosevelt could «preach» them
in political campaigns.9 Through contact with family units, churches have been expected to inculcate the moral integrity
necessary for freedom
in a
democratic society.
You alluded to the fact that the Constitution has stated limits, I beg to differ, the Constitution just said
in Art 21 (1)(f) «information subject to such QUALIFICATIONS AND LAWS as are
necessary for a
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.
Possibly most of the «socialists» within the Labour Party — like even Tony Benn and Jeremy Corbyn — not being Socialist Workers Party style socialists, did not leave the Party and instead grudgingly accepted our dilution to social democracy for the main reason that pure socialism sans
in - govt would remain a mere theory and would be worse than practical social
democratic reforms / reliefs whilst
in power -LRB--- and particularly bebeficial /
necessary after a prolonged Thatcherite damage to our
society!
«An act to provide for the implementation of the constitutional rights to information held by a public institution subject to the exemptions that are
necessary and consistent with the protection of the public interest
in a
democratic society to foster a culture of transparency and accountability
in public affairs and to provide for related matters», the Deputy Attorney General submitted.
Listening to other perspectives, disagreeing respectfully, and knowing how to work toward consensus are
necessary skills
in a
democratic society — despite what students are seeing
in the media.
However, to be
democratic, it would be
necessary, however, that the governance of these systems count on the active participation of the population and civil
society organizations
in formulating goals (performance standard) to be pursued, as well as
in policy or decision rules seeking to correct deviations between what was planned and carried out.
Such choices enhance children's access to better schools, thereby increasing the likelihood that they will be able to gain the skills
necessary for full participation
in a
democratic society.
NALC provides the
necessary vision, communication, and coordination to advance literacy for all adolescents, empowering them to full participation
in a
democratic society.
A sustainable, positive school climate fosters youth development and the learning
necessary for a productive and satisfying life
in a
democratic society.
New systems for understanding the benefits and barriers of assistive technology integration and for developing communities of practice, experiencing integration, fostering effective implementation, and managing technology environments are critical to providing all students with the knowledge and skills
necessary for active participation
in a
democratic society.
Sustainable, positive school climate (to foster youth development and learning
necessary for a productive, contributing, and satisfying life
in a
democratic society), according to NCSS, includes the following:
Since a major emphasis of the social studies is to help students develop the skills, values, and knowledge needed for active participation
in a
democratic society, the PK - 6 social studies classroom is a natural setting within which students with mild disabilities can learn and rehearse
necessary social skills.
We expand on the state standards to provide each student with the knowledge, skills, understanding and disposition toward
democratic values that are
necessary to participate
in a culturally diverse American
society and an interdependent world.
In an accountable system, students are engaged in meaningful learning, taught by competent and caring professionals, and supported by adequate resources to ensure that they graduate with the knowledge and skills necessary to be effective citizens and contributors to a democratic societ
In an accountable system, students are engaged
in meaningful learning, taught by competent and caring professionals, and supported by adequate resources to ensure that they graduate with the knowledge and skills necessary to be effective citizens and contributors to a democratic societ
in meaningful learning, taught by competent and caring professionals, and supported by adequate resources to ensure that they graduate with the knowledge and skills
necessary to be effective citizens and contributors to a
democratic society.
Our second - level schools aim to provide an education that will enable all students to contribute meaningfully to their communities, embrace the rights and responsibilities of citizenship
in a
democratic society and develop the knowledge and skills
necessary to live their lives and to build their careers
in the 21st century.»
A few years ago, at a joint session of the Boards of Elementary and Secondary Education and of Higher Education, Commissioner Chester made an articulate and effective presentation of the need to expand our high school graduation requirements, reflected
in the definition of college and career readiness, to include the competencies
necessary to participate
in a
democratic society.
NJLA believes that our schools must serve as an «equalizer» to provide all students with equal and equitable access to the resources, support and instruction
necessary to succeed academically and become productive and engaged citizens
in a
democratic society.
However, under Section One of the Charter, the state is authorized to legislate
in order to limit this freedom when
necessary to the development of
democratic society.
They must not be arbitrary, unfair or based on irrational considerations; the means used to impair the right or freedom must be no more than is
necessary to accomplish the legitimate objective - the more severe the detrimental effects of a measure, the more important the objective must be if the measure is to be justified
in a
democratic society.»
Moving forward, the AG evaluates the proportionality of general data retention obligations, which he splits up
in three separate (sub --RRB- requirements: are they appropriate (fourth requirement) as well as strictly
necessary (fifth requirement) to achieve the aforementioned objective of fighting serious crime and proportionate
in a
democratic society (sixth requirement).