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Necessary In A Democratic Society
__NOTOC__ "Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greek Case
In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power earlier that year. In 1969, the Commission found serious violations, including torture; the junta reacted by withdrawing from the Council of Europe. The case received significant press coverage and was "one of the most famous cases in the Convention's history", according to legal scholar Ed Bates. On 21 April 1967, right-wing army officers staged a military coup that ousted the Greek government and used mass arrests, purges and censorship to suppress their opposition. These tactics soon became the target of criticism in the Parliamentary Assembly of the Council of Europe, but Greece claimed they were necessary as a response to alleged Communist subversion and justified under Article 15 of the ECHR. In September 1967, Denmark, No ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 1 Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burqa Ban
The burqa is worn by women in various countries. Some countries have banned it in government offices, schools, or in public places and streets. There are currently 16 states that have banned the burqa, including Tunisia, Austria, Denmark, France, Belgium, Tajikistan, Uzbekistan, Bulgaria, Cameroon, Chad, the Republic of the Congo, Gabon, the Netherlands, China, Morocco, Sri Lanka and Switzerland. Europe Austria In 2017, a legal ban on face-covering clothing was adopted by the Austrian parliament. Belgium As of 2015, Belgium has specific bans on face-covering dress, such as the '' niqab'' or ''burqa''. On 11 July 2017, the European Court of Human Rights upheld Belgium's ban on burqas and full-face veils. Bulgaria In 2016, a ban on the wearing of face-covering clothing in public was adopted by the Bulgarian parliament. The Bulgarian parliament enacted the ban on the basis of security concerns, however the ban stimulated conflict as 10 percent of the country's po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blasphemy Law
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014. In some states, blasphemy laws are used to protect the religious beliefs of a majority, while in other countries, they serve to offer protection of the religious beliefs of minorities. In addition to prohibitions against blasphemy or blasphemous libel, blasphemy laws include all laws which give redress to those insulted on account of their religion. These blasphemy laws may forbid: the vilification of religion and religious groups, defamation of religion and its practitioners, denigration of religion and its followers, offending religious feelings, or the contempt of religion. Some blasphemy laws, such as those formerly existing in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obscenity Law
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Klass And Others V
Klass is a Germanic surname. Notable people with the surname include: * Alisha Klass (born 1972), American pornographic actress * Christa Klaß / Christa Klass (born 1951), German politician * Craig Klass (born 1965), former water polo player * David Klass (born 1960), American screenplay writer and children's author * Edward Klass (born 1965), American water polo player * Eugene Klass (1919-2009), known as American actor Gene Barry * John Klass (born 1975), triple-platinum award-winning singer/producer/songwriter/radio presenter * Günter Klass (1936-1967), German race driver * Myleene Klass (born 1978), British musician, former member of the UK pop group Hear'Say * Perri Klass (born 1958), pediatrician and writer * Philip Klass (1920-2010), American science fiction writer under the name William Tenn * Philip J. Klass (1919–2005), American UFO researcher * Salomon Klass (1907–1985), a Finnish soldier * Sholom Klass (1916–2000), Rabbi and editor of The Jewish Press See also * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lingens V
Lingens is a surname. Notable people with the surname include: * Kurt Lingens (born 1912), German psychiatrist * Ella Lingens (18 November, 1908 – 30 December, 2002), German physician and one of the Six Righteous Among the Nations of Auschwitz * Rudolf Lingens, is a fictional character often used by contemporary analytic philosophers as a placeholder name in a hypothetical scenario See also * Campiglossa lingens, is a species of tephritid or fruit flies in the genus Campiglossa of the family Tephritidae *Lingens v. Austria {{italic title ''Lingens v Austria'' (1986) 8 EHRR 407 was a 1986 European Court of Human Rights case that placed restrictions on libel laws because of the freedom of expression provisions of Article 10 of the European Convention on Human Rights. C ..., was a 1986 European Court of Human Rights * Panogena lingens, is a moth of the family Sphingidae {{Surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Silver V
Silver is a chemical element with the symbol Ag (from the Latin ', derived from the Proto-Indo-European ''h₂erǵ'': "shiny" or "white") and atomic number 47. A soft, white, lustrous transition metal, it exhibits the highest electrical conductivity, thermal conductivity, and reflectivity of any metal. The metal is found in the Earth's crust in the pure, free elemental form ("native silver"), as an alloy with gold and other metals, and in minerals such as argentite and chlorargyrite. Most silver is produced as a byproduct of copper, gold, lead, and zinc refining. Silver has long been valued as a precious metal. Silver metal is used in many bullion coins, sometimes alongside gold: while it is more abundant than gold, it is much less abundant as a native metal. Its purity is typically measured on a per-mille basis; a 94%-pure alloy is described as "0.940 fine". As one of the seven metals of antiquity, silver has had an enduring role in most human cultures. Other than i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handyside V
Handyside is a surname. Notable people with the surname include: *Andrew Dods Handyside (1835-1904), South Australian politician *George Handyside (1821–1904), English businessman *Peter Handyside (born 1974), Scottish footballer *William Handyside (1793–1850), Scottish engineer See also * Andrew Handyside and Company *Handyside Bridge, former railway bridge in Derbyshire, United Kingdom *''Handyside v United Kingdom'', European Court of Human Rights case *Hundred of Handyside, a Lands administrative divisions of South Australia#List of Hundreds, cadastral unit in South Australia. {{surname, Handyside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police State
A police state describes a state where its government institutions exercise an extreme level of control over civil society and liberties. There is typically little or no distinction between the law and the exercise of political power by the executive, and the deployment of internal security and police forces play a heightened role in governance. A police state is a characteristic of authoritarian, totalitarian or illiberal regimes (contrary to a liberal democratic regime). Such governments are typically one-party states, but police-state-level control may emerge in multi-party systems as well. Originally, a police state was a state regulated by a civil administration, but since the beginning of the 20th century it has "taken on an emotional and derogatory meaning" by describing an undesirable state of living characterized by the overbearing presence of civil authorities. The inhabitants of a police state may experience restrictions on their mobility, or on their freedom to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greek Junta
The Greek junta or Regime of the Colonels, . Also known within Greece as just the Junta ( el, η Χούντα, i Choúnta, links=no, ), the Dictatorship ( el, η Δικτατορία, i Diktatoría, links=no, ) or the Seven Years ( el, η Επταετία, i Eptaetía, links=no, ). was a right-wing military dictatorship that ruled Greece from 1967 to 1974. On 21 April 1967, a group of colonels overthrew the caretaker government a month before scheduled elections which Georgios Papandreou's Centre Union was favoured to win. The dictatorship was characterised by right-wing cultural policies, anti-communism, restrictions on civil liberties, and the imprisonment, torture, and exile of political opponents. It was ruled by Georgios Papadopoulos from 1967 to 1973, but an attempt to renew its support in a 1973 referendum on the monarchy and gradual democratisation was ended by another coup by the hardliner Dimitrios Ioannidis, who ruled it until it fell on 24 July 1974 unde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
