Not exact matches
Do Rawlsian
principles of «political liberalism» demand the
legal recognition of same - sex romantic partnerhips as marriages?
The separation of Church and state and the
legal recognition of the
principle of religious liberty in both nations have led not only to pluralism through the protection of established religious groups and the encouragement of spontaneity and inventiveness; but have also fostered voluntarism in church organization and made the clergy largely dependent on lay support.
«In every locale, in other words, the conscientious Catholic politician will seek the
principled recognition of the state's interest in the protection of unborn human life and the maximum possible
legal implementation of that
principle, given local political and cultural realities.
For if the inclusion of other domestic
legal systems in the research does not per se change its outcome, the
principles thus derived would enjoy greater legitimacy thanks to the effective demonstration of their worldwide
recognition by nations.
Nonetheless, he argues that the existence of EU harmonising legislation and the
principles of mutual
recognition and sincere cooperation directly condition Member States» freedom to defend PBMs within the Union
legal order.
This case has already seen a number of landmark judgments, including on the Royal Court of Guernsey's ability to apply
principles of modified universalism, the
legal test and
principles to be applied when considering the
recognition of a foreign office holder (Court of Appeal) and the Court's ability to grant summary judgment relief in interpleader proceedings.
For example, the
Principles state: «
Recognition of the inherent jurisdiction and
legal orders of Indigenous nations is therefore the starting point of discussions aimed at interactions between federal, provincial, territorial, and Indigenous jurisdictions and laws» (see Principle 4).
Ultimately this still requires buy - in from senior leadership, and a
recognition that there is a
legal obligation under human rights
principles to foster this broader change.
That new
legal principle accepted that the common law of Australia would give
recognition to native title without altering that title or imposing on it all of the characteristics of other interests in land derived from the different... law of land tenures inherited by Australian law from English law upon settlement.
Human rights
principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given
legal recognition and protection.
Justice Kirby addressed the issue of native title rights to minerals, saying» [I] t is not enough merely to allow Indigenous peoples to carry out their traditional economic activities without
legal protection for their exercise of control and decision - making in relation to developments (including the use of natural resources... [T] he
principle of non-discrimination must include a
recognition that the culture and laws of Indigenous peoples adapt to modern ways of life and evolve in a manner that the cultures and laws of all societies do» (para 295).