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"derogation" Definitions
  1. [countable] an occasion when a rule or law is allowed to be ignored
  2. [uncountable, countable] words or actions that show that somebody or something is considered to have no worth

252 Sentences With "derogation"

How to use derogation in a sentence? Find typical usage patterns (collocations)/phrases/context for "derogation" and check conjugation/comparative form for "derogation". Mastering all the usages of "derogation" from sentence examples published by news publications.

This is a behavioral science principle called out group derogation.
The level of corruption and derogation of duty is staggering.
Taken together, they amount to a derogation of his constitutional duties.
Ukraine, France and Turkey gave notice of a derogation in the past few years.
Potentially. Of course, conveying that may butt up against the "do-gooder derogation" effect.
It's called "antisocial punishment" or "do-gooder derogation"—criticism aimed at someone for supposedly being too cooperative.
Historically, battles between social classes, ethnicities and religions have invoked the same in-group favoritism and out-group derogation.
Strasbourg, by contrast, like the surrounding Alsace region, enjoys a derogation under the Napoleonic Concordat of 1801, which survives to this day.
"In the Treaty of Rome, one derogation allows member states to put whatever controls they like on something called 'national treasures,"' she said.
Facebook's derogation of fact-checking will thus only lend greater credibility to coordinated disinformation operations — as in the case of the recent Trump campaign ad.
COM NV - INTEGRATION OF BUSINESSES TO ONLY OCCUR ONCE HOLD SEPARATE ORDER LIFTED OR AMENDED BY WAY OF DEROGATION Source text for Eikon: Further company coverage:
Any derogation from the principle of immunity bears the inherent danger of causing reciprocal action by other states and an erosion of the principle as such.
At the very least, the mode as planned represents a wedge that content purists (it has a whiff of derogation but they may embrace the term) can widen over time.
"What is missing in this whole controversy is D.O.J. derogation from decades-long policy from not pursuing any overt investigative actions against politicians close to the elections," Mr. Rivkin said.
It also recommends shutting a loophole in UK labor law known as the "Swedish derogation," which allows companies to pay temporary staff less than full-time employees doing the same job.
The most important reason the sudden collapse of democracy is rare — and a key reason it is unlikely in the US — is that a sudden derogation of democracy simply isn't necessary.
Bulgaria's energy ministry will support the country's state-owned and private coal-fired plants in filing documents to seek derogation from the stricter rules, approved by EU member states in April.
Bulgaria's Energy Ministry will support the country's state-owned and private coal-fired plants in filing documents to seek derogation from the stricter rules, approved by EU member states in April.
Rather than political correctness being a coherent thing that people then have opinons on, it's a term of derogation that's applied to a wide range of phenomena whose merits are contested.
" In the case of President Richard Nixon, the Supreme Court held unanimously that privileges "are not lightly created nor expansively construed, for they are in derogation of the search for truth.
Whether one considers such retaliation in derogation of the rule of law or the exemplar of poetic justice, or both, al Qaeda exacting revenge on al Darbi is a distinct possibility.
As part of the plans, Britain's governing Conservatives will introduce legislation to scrap the 'Swedish derogation', which currently allows agency workers to be employed on cheaper rates than permanent counterparts by some companies.
The cause of this widespread denial of basic rights—the sort of derogation which, if it happened abroad, would be denounced by American diplomats—is the volatile and eccentric way those rights are subsidised.
The ensuing backlash was so uniform and so heavy that any onlooker might have thought that the derogation of animal rights is one of the last issues on which Democrats, Republicans, and independents agree.
It is known simply as the Monir Museum, a testament to her stature even in the Islamic Republic, but also a quiet derogation of the name Farmanfarmaian, with its evocations of the old regime.
"To me, what matters most, and what the American people did not vote for and would not vote for is the derogation of the norms, the touchstone of truth, which is the heart of this country," he said.
Rather, it should be called out for what it was: a derogation of the democratic principle at the heart of Article III of the Constitution, the judiciary article that places the confirmation of life-tenured judicial nominees in the hands of the people's representatives.
With all the constant reminders that we are living through "interesting times" — as dramatized by this Slate visualization of all the New York Times push notifications over the past year — not caring and worrying about the fate of America seems like a derogation of duty.
"We are concerned that while they have declared a state of emergency and they have declared derogation of certain principles of the International Covenant on Civil and Political Rights, the steps that the authorities are taking go beyond what is permissible in these cases," she said.
"Rescinding the rule is a derogation of the department's duty to protect students from exploitation and taxpayers from the waste of federal funds," said the New York attorney general, Barbara D. Underwood, whose office joined 63 other state attorneys general that sued the department for delaying its enforcement.
There are countless examples of opt-outs from common policies, ranging from large ones (staying out of the euro, common security and defence policy or Schengen) to minor ones (controls on purchases by foreigners of houses in Denmark and Austria, or Sweden's derogation from the rules for chewing tobacco and selling alcohol).
Matthew D. Luttig, a political scientist at Colgate, made the case in his 2016 dissertation, "The Rise of Partisan Rigidity," that, elite polarization has strengthened the relationship between a basic psychological motivation for group membership — the need for certainty — and partisan strength, in-party favoritism, out-party derogation, and conformity to group leaders.
Beyond this he seems to suggest that, due to significant interference in their own economy and the very structure of their export subsidies, the balance of power with the Chinese strays so far from the ideals of the WTO system that the U.S. should consider "derogation from WTO stipulations," meaning going above and beyond what is allowed by WTO standards to retaliate against the Chinese.
In the statement of intent for the new data protection bill, Hancock details how the government intends to handle some areas of permitted derogation from the GDPR — for example it plans to set the age at when a child can legally give consent for their data to be processed at 13 (the GDPR allows Member States to set an age between 13 and 16, though sets its own default at 16).
Usually deployed with a twinge of derogation, it clearly connoted the underclass: the working poor, farmers and laborers, those not fortunate enough to be employed in an arena that would otherwise be considered gainful and prestigious, that might allow them entry into a place like the one across the street; people lacking the savvy and connections that might help them make it big in the gray-market world of the jangmadang or the managerial gentry of the state-owned enterprises.
During the austerer days of the republic the derogation was unknown.
Female derogation is a form of indirect aggression where females attempt to reduce the perceived value of another female 'rival'. Fisher (2004) studied female derogation and the effects of estrogen levels on this form of competition. Females disclosed their ovulation status and rated the attractiveness of male and female faces. Competitor derogation (giving low ratings) towards same-sex rivals occurred frequently when women were at their most fertile stages.
It has also been argued that out-group derogation is a natural consequence of the categorization process.
That is out. A third solution was joint authority. That is out. That is a derogation from sovereignty.
Stronger belief in a just world has also been found to correlate with greater derogation of AIDS victims.
He pinpoints variations in interpretation, types of derogation and manner of transposal as contributing to defects in its implementation.
Generally speaking, competitor derogation is often rated as less effective than self-promotion tactics. Men and women tend to judge self-promotion tactics that show resource potential and sexual availability as highly effective for short and long-term mating, respectively. Women, relative to men, appear more likely to engage in self-promotion than competitor derogation tactics. With females having a tendency to engage in more indirect forms of aggression/derogation such as spreading rumors and shunning (social manipulation), studies investigate the extent to which such strategies enable females success by increasing their mating opportunities.
Beliefs in a just world for others are related instead to the negative social phenomena of victim blaming and victim derogation observed in other studies.
Derogation is the partial suppression of a law,Manual of Canon Law, pg. 69 as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. Derogation differs from dispensation in that it affects everyone, whereas dispensation applies to specific people affected by the law.
In terms of European Union legislation, a derogation can also imply that a member state delays the implementation of an element of an EU Regulation (etc.) into their legal system over a given timescale,Derogation – EU Jargon such as five years; or that a member state has opted not to enforce a specific provision in a treaty due to internal circumstances (typically a state of emergency).
The derogation of her civil liberties that she experienced as an inmate provided the impetus for her activism as a member of the psychiatric survivor movement.
The Emergency Act contains no provisions derogating from the obligations set forth under paragraph 2, article 4, of the Covenant, from which no derogation is permitted.
Social identity theory and Freudian theorists explain in- group derogation as the result of a negative self-image, which they believe is then extended to the group.
Many academic commentators support the Fifth Circuit's approach in Veeck as advancing the public interest but some criticize it as a derogation of creators' rights and as disincentivizing.
When the derogation expired, it was reported that a ban on turf-cutting would apply to more than thirty Special Areas of Conservation with effect from 2009. (Initial reports referred to 32 SACS being affected,(2008), Turf-cutters fear EU ban will be extended, Irish Examiner(2009), Turf cutting, Roscommon Herald later reports refer to a figure of thirty-one).The difference is explained by a delay in respect of the bog at Lough Ree SAC. In a mirror of the derogation granted for continued domestic cutting on SAC raised bogs, a similar de facto 10 year derogation operated in respect of the 75 raised bogs designated for protection in 2004 under the Wildlife Acts.
Concannon was a founder member of the Turf Cutters Association in 1998. This followed the emergence of a threat to turf-cutting when the European Union's Habitats Directive was transposed into Irish law in 1997, and gave protection to raised bogs. The Irish government declared a ten-year derogation, which delayed the full protection of Irish raised bogs. (The derogation was granted to help domestic turf-cutters (as opposed to industrial-scale turf-cutting).
Other researchers have found that observers judge sick people as responsible for their illnesses. One experiment showed that persons suffering from a variety of illnesses were derogated on a measure of attractiveness more than healthy individuals were. In comparison to healthy people, victim derogation was found for persons presenting with indigestion, pneumonia, and stomach cancer. Moreover, derogation was found to be higher for those suffering from more severe illnesses, except for those presenting with cancer.
They conducted one study that found derogation of victims occurred even by observers who were not implicated in the process of the experiment and thus had no reason to feel guilty.
Kiesler and Goldberg proposed that similarity in attitude between observers and blunderers can determine the extent at which changes in attractiveness occur. Greater similarities in attitudes resulted in more derogation, even to the point where the blunderer is subject to derogation regardless of perceived ability. This was determined experimentally by directly telling observers that they were extremely similar to the confederate, especially in prose and in the form of responses to questioning.Kiesler, C. A., & Goldberg, G. N. (1968).
COMMENTARY OF 1958, p. 52 (derogations) Derogation is limited to individuals "definitely suspected of" or "engaged in activities hostile to the security of the State." In paragraph two of the article, "spy or saboteur" is mentioned.
Mills was also involved when Formula One Racing secured a derogation from European limits on tobacco advertising after Bernie Ecclestone contributed more than one million pounds to the Labour Party during the 1997 UK general election.
Derogation is expected to end completely by 2022. Before Irish became an official language it was afforded the status of treaty language and only the highest-level documents of the EU were made available in Irish.
According to Ma-Kellam et al., culturally- ingrained attitudes and beliefs, rather than low self-esteem, may play a role in collectivist cultures' in-group derogation, due to their ability to tolerate holding seemingly contradictory views.
Schmitt, D. & Buss, D. (1996). Strategic self-promotion and competitor derogation: Sex and context effects on the perceived effectiveness of mate attraction tactics. Journal of Personality and Social Psychology, 70(6), 1185-1204. doi: 10.1037/0022-3514.70.
Discrimination between in-groups and out-groups is a matter of favoritism towards an in-group and the absence of equivalent favoritism towards an out-group. Out-group derogation is the phenomenon in which an out- group is perceived as being threatening to the members of an in-group. This phenomenon often accompanies in-group favoritism, as it requires one to have an affinity towards their in-group. Some research suggests that out-group derogation occurs when an out-group is perceived as blocking or hindering the goals of an in-group.
When the control order crosses the line and "deprives liberty", rather than "restricts liberty", it is called a derogating control order because it infringes Article 5 of the ECHR. This can only happen if there is a derogation according to Article 15, and the Home Secretary must apply to a court for the authority. Derogation is only allowed when there is a "war or other public emergency threatening the life of the nation". The ECHR states that the government cannot deprive any person of their liberty without due process of law.
British Leyland Motor Corp. v Armstrong Patents Co. is a 1986 decision of the House of Lords concerning the doctrine of non-derogation from grants. This doctrine is comparable to, but somewhat broader than, the doctrine of legal estoppel, assignor estoppel, or estoppel by deed in U.S. law. Under the doctrine of non-derogation from grants, a seller of realty or (after this decision) goods is not permitted to take any action (such as bringing an infringement action) that would lessen the value to the buyer of the thing sold.
Others have suggested alternative explanations for the derogation of victims. One suggestion is that derogation effects are based on accurate judgments of a victim's character. In particular, in relation to Lerner's first studies, some have hypothesized that it would be logical for observers to derogate an individual who would allow himself to be shocked without reason. A subsequent study by Lerner challenged this alternative hypothesis by showing that individuals are only derogated when they actually suffer; individuals who agreed to undergo suffering but did not were viewed positively.
The Hong Kong courts were also excluded from their purview any executive acts of the central government by a provision in the original drafts. Lee regarded this as a major derogation from the principle of the rule of law.
Previously, male homosexuals defined dyke as lesbian without derogation. A bull dyke was also defined as a lesbian without further distinction. For female homosexuals of the community, however, a dyke is an extremely masculine, easily identified lesbian, given to indiscretion.
This Directive (2013/35/EU – electromagnetic fields) covers all known direct biophysical effects and indirect effects caused by electromagnetic fields within the EU and repealed the 2004/40/EC directive. The deadline for implementation of the new directive was 1 July 2016. Article 10 of the directive sets out the scope of the derogation for MRI, stating that the exposure limits may be exceeded during "the installation, testing, use, development, maintenance of or research related to magnetic resonance imaging (MRI) equipment for patients in the health sector, provided that certain conditions are met." Uncertainties remain regarding the scope and conditions of this derogation.
Cross-cultural studies have found that in- group derogation, the tendency to criticize members of one's own group or culture more harshly than members of outside groups, is more common among members of disadvantaged and minority groups than among members of the majority or dominant group. According to Ma-Kellams, Spencer-Rodgers and Peng, system justification theory seeks to explain why "minorities sometimes endorse system-justifying views of their group". They said their research into in- group favoritism and derogation partially supported this theory, but that the theory failed to address all of the nuances. Ma-Kellams et al.
Under Art 17, a derogation to allow for a reduction of the daily minimum rest of 8 hours could only be granted if a period of rest followed immediately, and a reduction could not allow the maximum weekly working time to be exceeded.
Alternatively, victim derogation and other strategies may only be ways to alleviate discomfort after viewing suffering. This would mean that the primary motivation is not to restore a belief in a just world, but to reduce discomfort caused by empathizing. Studies have shown that victim derogation does not suppress subsequent helping activity and that empathizing with the victim plays a large role when assigning blame. According to Ervin Staub, devaluing the victim should lead to lesser compensation if restoring belief in a just world was the primary motive; instead, there is virtually no difference in compensation amounts whether the compensation precedes or follows devaluation.
But as Gen. Butler was replaced at Fort Monroe, LaMountain was assigned to the Balloon Corps under Lowe's command. LaMountain continued his public derogation of Lowe as well as creating ill-will among the other men in the Corps. Lowe lodged a formal complaint to Gen.
In addition, the UK authority, the HSE, has issued a statement stating that the derogation application for the UK has been informally granted. Industry has responded by forming a Taskforce to ensure full and long term compliance with the regulatory issues facing copper in the EU.
The right of peremptory challenge was abolished altogether by the Criminal Justice Act 1988,Criminal Justice Act 1988, s.118(1) which saw it as a derogation from the principle of random selection, and felt that its removal would increase the fairness of the jury system.
The provisions of the Act are in addition to and not in derogation of the provisions of any other written law and, in the event of conflict between any provision of this Act and any provision of any other written law, the provisions of the Act prevail.CLTPA, s. 29.
In his separate opinion, Lord Templeman pointed out that an implied licence might be negatived by express language, under principles of freedom of contract, but that was not so when non-derogation instead is involved: "The right cannot be withheld by the manufacturer of the car by contract with the first purchaser and cannot be withheld from any subsequent owner." That is, the nature of property makes the right inherent and not a matter of freedom of contract. This case appears to be the first one extending the non-derogation doctrine from cases involving realty to cases involving personal property (chattels). Lord Templeman seems to have recognized this point in his opinion.
The fleet was built in 1997-1998 in Zaragoza having originally been designated as a Class 331. The units have Automatic Train Protection (ATP) equipment, one of the few fleets in the UK to do so. This is largely as a consequence of the Paddington-Heathrow route being mainly on the Great Western Main Line, which was equipped with ATP in the early 1990s as part of a trial of the system by British Rail. The units are not fitted with Train Protection & Warning System (TPWS). A derogation was issued in 2001, which exempted the class from mandatory TPWS installation.Certificate of Derogation from a Railway Group Standard 01/109/DGN re-issued 25/02/2008 - RSSB.
Trains were hauled by a road-rail vehicle in accordance with the "regulations on the construction and operation of railway sidings" (Verordnung über den Bau und Betrieb von Anschlussbahnen). However, between 9 September 2004 and 8 March 2005, a derogation was given for the occasional operation of passenger trains on tours.
The authorization of > activities shall be construed and the protection, management, and > administration of these areas shall be conducted in light of the high public > value and integrity of the National Park System and shall not be exercised > in derogation of the values and purposes for which these various areas have > been established, except as may have been or shall be directly and > specifically provided by Congress., National Park System: administration; > declaration of findings and purpose. By this amendment the United States Congress reiterated the provisions of the Organic Act, and made equal all areas of the National Park System no matter the designation. This provides equal protection to all areas of the National Park System from impairment and/or derogation of their resources.
Common practice in the EU is that during accession negotiations there are agreed some temporary transitional periods after accession of new states for derogation of application for specific parts of the acquis communautaire, because of difficulties either for the new member state (lime environmental regulations for large combustion plants) or for the old member states (like free movement of workers). Such temporary transitional periods in regard to particular member states are also implemented when various new pieces of EU legislation are adopted . In some cases the derogation is not temporary but permanent. Such derogations can be either major opt-outs in the European Union (formulated in a treaty) or minor derogations like the exemption of Sweden from the snus ban (formulated in EU legislation).
That is to say, in canon law a dispensation affirms the validity of a law, but asserts that the law will not be held to apply to one or more specific persons, for a specific reason. (For example, while the Catholic Church's canon law does not normally recognise gender transition, an intersex woman may present appropriate medical documentation to seek, and possibly receive, a dispensation from the Holy See to live and be recognised as a man, or vice versa.) Derogation, on the other hand, affects the general applicability of a law. A non-canon-law analogue of dispensation might be the issuing of a zoning variance to a particular business, while a general rezoning applied to all properties in an area is more analogous to derogation.
Convertible Top Replacement Co., 365 U.S. 336 (1961). An important difference between the doctrine of non-derogation from grants and other doctrines, particularly implied license, that are used to accomplish similar results is that the doctrine of non-derogation from grants is "inherent" as a matter of property law and apparently cannot be avoided by a seller's use of language attempting to negative application of the doctrine or by trial counsel's pointing to evidence of intent not to relinquish patent rights or copyright. In contrast, the other doctrines may be vulnerable to contractual disclaimers or evidence of intent not to grant intellectual property rights. The issue is discussed to some extent in the courts' opinions in British Leyland and Quanta Computer, Inc. v.
Revocation of nobility is the removal of the noble status of a person. It should be distinguished from the concept of dérogeance ("derogation" of nobility), which, e.g., in the context of French history, led to removal of the privileges of nobility, but not necessarily the right for nobility itself. In particular, the nobility of descendants was not automatically lost.
This work, which would be simple today with data processing, was carried out entirely manually. He testifies that he sometimes recopied whole works, lent by various institutions. Bonnet sent in 1947 a petition to the International Commission on Zoological Nomenclature asking it to accept, by derogation, the scientific names created by Carl Alexander Clerck (v. 1710–1765) in 1757.
Dérogeance ("derogation (of nobility)") was grievance for persons who did acts deemed unworthy of the noble status. A consequence of dérogeance was loss of the privileges of nobility (but not full revocation of nobility). In particular the person was no longer free of taxation. Dérogeance included engagement in certain professions and occupations considered to be "lowly".
Individuals who ruminate are very likely to respond to jealousy differently from individuals who do not ruminate. Rumination is positively associated with several communicative responses to jealousy (e.g. compensatory restoration, negative affect expression, showing signs of possession, and derogation of competitors) that attempt to strengthen a relationship. Rumination is also associated with responses that are counterproductive.
In its successful submission to operate services from London Euston to , Alliance Rail Holdings proposed purchasing four Class 390s for entry into service in 2018. However, as the 390s no longer met crashworthiness standards for new trains, a derogation would have been required. With Alliance Rail not able to obtain this, in June 2017 it dropped its plans to purchase 390s.
In January 2009, during the 2008 Bulgarian energy crisis, Bulgaria's president Georgi Parvanov suggested that Unit 3 be restarted. However, this was never pursued as an option. In principle, under the conditions of its Accession Treaty Bulgaria may request temporary derogation from its commitments in the event of serious economic difficulties arising within the first three years of membership in the union.
The right to equality before the law is sometimes regarded as part of the right to a fair trial. It is typically guaranteed under a separate article in international human rights instruments. The right entitles individuals to be recognised as subject, not as object, of the law. International human rights law permits no derogation or exceptions to this human right.
The narrator reflects that Limbert is not capable of appealing to the masses. Ralph then moves to the countryside, poor and humiliated as he is. He writes The Hidden Heart, which again is no success. Unable to afford to spend the winter in Egypt as he should on doctor's order, he writes another novel, Derogation, instead, and passes away before getting it published.
A right of diplomatic asylum is not established in international law. The International Court of Justice has emphasised that in the absence of treaty or customary rules to the contrary, a decision by a mission to grant asylum involves a derogation from the sovereignty of the receiving state. The Organization of American States agreed a convention in 1954.Convention on Diplomatic Asylum.
I see nothing in the European Convention > to give Mr. Ahmad any right to manifest his religion on Friday afternoons in > derogation of his contract of employment: and certainly not on full pay. Scarman LJ said there was a duty to accommodate devout Muslims, even if it involved additional cost, because Art.9 required the right of worship to be unimpeded.
Hill subsequently played for the Detroit Auto Club team from 1949 to 1951. After retiring from hockey, Hill returned to school and received a Ph.D. in mass communications from Iowa State University. His dissertation was titled, "Mood, self- derogation and anomia as factors in response unreliability". He was later employed as a professor of journalism and advertising at the University of Rhode Island.
By way of derogation, German was taught in schools for three hours a week. The administration was only in French and the mayor was appointed by the French government. Between the wars, 56% of the population worked in agriculture, 28% in industry and only 7% in services. Magny Monument In the Second World War after the declaration of war, the communes bordering on the Rhine were evacuated.
Despite a derogation, the government did not do this. In this case as well, the European Commission sued the Italian government at the European Court of Justice in 2014. Supply disruptions. Drinking water supply disruptions were experienced by about 15 per cent of families in 2004, with the highest figures being registered in southern Italy, where almost a quarter of users complained of supply problems.
People who experience normal jealousy have at least nine strategies for coping with jealousy. The problem-solving strategies include: improving the primary relationship, interfering with the rival relationship, demanding commitment, and self-assessment. The emotion-focused strategies include: derogation of partner or rival, developing alternatives, denial/avoidance, support/catharsis, and appraisal challenge. These strategies are related to emotion regulation, conflict management, and cognitive change.
Article 6 of the Covenant recognises the individual's "inherent right to life" and requires it to be protected by law.ICCPR, Article 6.1. It is a "supreme right" from which no derogation can be permitted, and must be interpreted widely. It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces.
Environmental groups such as Greenpeace cut roads in protest. However, a week later a court in Madrid restored the fines. After more than one year of legal dispute, in July 2020, the derogation of the measure was supported by a judicial sentence, but the municipal government maintained the fines. During the COVID-19 sanitary crisis he received the support of major party of the opposition.
Nasser saw such measures as a "derogation from Egyptian sovereignty" and rejected Menzies' proposals. Menzies hinted to Nasser that Britain and France might use force to resolve the crisis, but Eisenhower openly opposed the use of force and Menzies left Egypt without success. Instead of the 18-nation proposal, the United States proposed an association of canal users that would set rules for its operation.
Three Graces by Raphael, showing the idea of women of the same level competing against each other. Female intrasexual competition is competition between women over a potential mate. Such competition might include self-promotion, derogation of other women, and direct and indirect aggression toward other women. Factors that influence female intrasexual competition include the genetic quality of available mates, hormone levels, and interpersonal dynamics.
Firstly, shootings in defence of property is not allowed. The signatory states did not incorporate the 4th derogation of shooting to stop access to certain facilities which was suggested at the time or writing the treaty. McCann v UK - soldiers did not breach article 3, they responded to a threat at the time and their response was lawful. the Breach was by the authorities in planning.
Many studies regarding religion and prejudice implement religious priming both in the laboratory and in naturalistic settings with evidence supporting the perpetuation of ingroup favoritism and outgroup derogation in individuals who are high in religiosity. Recently, reparative or conversion therapy, a religiously-motivated process intended to change an individual's sexuality, has been the subject of scrutiny and has been condemned by some governments, LGBT charities, and therapy/counselling professional bodies.
'"Belgian Linguistic Case" (No. 2), above n 6, §5. This precedent illustrates some continuity between the original function of a margin of appreciationas a justified derogation simpliciterand its present purpose of delimiting rights and freedoms for individuals in relation to state parties. Yet a clear distinction has also been made between this latter substantive purpose, which evolved over time, as well as the structural aim of the doctrine.
The inconsistency of the Federal Circuit's reasoning and that of the Supreme Court in Lear has been the subject of commentary. See Lara J. Hodgson, (2004) Santa Clara Computer & High Tech.L.J. The UK counterpart to this doctrine is the doctrine of non-derogation from grants. Under this doctrine, as explained in British Leyland Motor Corp. v. Armstrong Patents Co.,Leyland [1986] A.C. 577, [1986] All E.R. 850 (H.L.)].
New safety regulations prohibiting the use of trains with slam doors (unless equipped with secondary or central locking) were not introduced until the last examples could be withdrawn. Exceptionally, some slam door units were allowed to stay in service for another couple of years by special derogation on the Lymington Pier "heritage" branch before they retired permanently in 2010. Some Mark 1 units have been preserved by heritage railways ever since.
Nasser saw such measures as a "derogation from Egyptian sovereignty" and rejected Menzies' proposals. Menzies hinted to Nasser that Britain and France might use force to resolve the crisis, but United States President Eisenhower openly opposed the use of force and Menzies left Egypt without success. Menzies voiced support for the subsequent Anglo- French military operation in Egypt, which resulted in a humiliating withdrawal and the resignation of the British Prime Minister, Anthony Eden.
The European Court of Justice held that positive action was lawful if (1) the employer had a 'saving clause' so it could take into account objective factors specific to an individual man (2) the criteria in such a procedure did not discriminate against female candidates. The art 2(4) derogation could be triggered where positive action aimed to counteract 'the prejudicial effects on female candidates' of stereotyped attitudes about women at work.
He was this time allowed to act as head coach despite still not having the required coaching badges, thanks to a 60-day derogation from the Italian Football Federation. The attempt was not successful, and Livorno went down to Serie B after only one season in the Italian top flight. In June 2010 Ruotolo was announced as new head coach of Savona, who will play Lega Pro Seconda Divisione in the 2010–11 season.
However, the plant owner AES had to apply to the Utility Regulator for a derogation to allow it to shut the plant, which has not been granted. Ballylumford was also affected, with the B station likely to close with the potential loss of 30 jobs. In April 2019 AES Corporation has agreed to sell Kilroot to EP UK Investments, a subsidiary of Energetický a průmyslový holding. The transaction was finalized in June 2019.
Branscome, N. & Wann, D. (1994). Collective self esteem consequences of outgroup derogation when a valued social identity is on trial. European Journal of Social Psychology, 24, 641-657 This provides some experimental evidence that perception of threat to in-group identity may causes greater prejudice towards out-groups. However, further experimental research is necessary in order to more firmly and widely establish the causal role of realistic and symbolic threats in prejudice.
Bovine and Poultry Slaughter. The second position, which emerges from a derogation of the above legislation, allows EU member states to grant slaughterhouses that supply Muslim and Jewish communities an exception from the requirement to stun animals prior to slaughter in line with the religious freedoms granted by Article 9 of the European Convention on Human Rights.Ferrari, S., Bottoni, R., 2010. Legislation Regarding Religious Slaughter in the EU Member, Candidate and Associated Countries, Dialrel Research Report.
The case (reported as A. v. Secretary of State for the Home Department), went to the House of Lords, which held that the indefinite detention of foreign terrorist suspects without trial was in breach of Articles 5 and 14 of the European Convention on Human Rights, and that the UK's derogation from its obligations under the Convention was invalid because it was discriminatory and disproportionate. The decision established key principles about the relationship between the judiciary and the executive.
In Australia, there is a judicial recognition of the right to peaceful assembly. At the federal level protests laws are constituted under the Attorney-General of Australia's power. Within Australia, at the federal level there is a right to freedom of expression with the conditions that this does not; cause derogation, affect the reputation of others, cause harm to national security or incite violence. At the state level laws are constituted by individual state governments and can vary largely.
The UN's International Law Commission (ILC) has worked on establishing principles for deeming when a norm can be considered of having a jus cogens character.Report of the International Law Commission Sixty-ninth session, ch. VIII, p.192–202. The ILC established that it must (i) be a norm of general international law; and (ii) it must also be accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted.
In like manner, when no specific confirmation of the decrees has been accorded, it is lawful to appeal from these councils. In modern times, it is not unusual for the Holy See to confirm councils in forma specifica, but only to accord them the necessary recognition. If, consequently, anything be found in their acts contrary to the common law of the Church, it would have no binding force unless a special apostolic derogation were made in its favour.
By partial suppression of Article 28, which states that a PPP will not be marketed or used in a Member State without authorisation, derogation states that such a PPP can be used under limited and controlled conditions where it appears necessary. A Member State authorising such a product will inform other Member States with detailed information that led to such a decision. It may be for purposes of research and development (Art. 53, 54 Regulation (EC) No 1107/2009).
The Regulation also defines a number of geographical designations, which are reserved for drinks which "acquired their character and definitive qualities" in the area denominated. The exact delimitation of the areas and any other regulations are left to the Member States concerned. By way of derogation, the designations Königsberger Bärenfang and Ostpreußischer Bärenfang are permitted for certain German drinks even though they refer to Königsberg (Kaliningrad) and East Prussia which are no longer part of Germany.
Derogation is the partial suppression of a law,Manual of Canon Law, pg. 69 as opposed to abrogation—total abolition of a law by explicit repeal, and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. The term is used in canon law, civil law, and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e.
Another alternative explanation offered for the derogation of victims early in the development of the just-world hypothesis was that observers derogate victims to reduce their own feelings of guilt. Observers may feel responsible, or guilty, for a victim's suffering if they themselves are involved in the situation or experiment. In order to reduce the guilt, they may devalue the victim. Lerner and colleagues claim that there has not been adequate evidence to support this interpretation.
When testosterone is produced in the brain and gonads in both genders, the androgen receptors in neural and peripheral tissues are being possessed and trigger behavioural and physiological responses to testosterone. The role of androgenic steroids is to activate or facilitate aggressive behaviour. High levels of oestrogen are shown to have an effect on women's derogation on potential competitors (e.g. rating other female faces as less attractive) but there is no effect on ratings of male attractiveness.
Germany's national minimum wage law (MiLoG – Mindestlohngesetz) came into force on 1 January 2015, introducing Germany's first nationwide legal minimum wage to the amount of €8.50 per hour. The German minimum wage level will be updated every other year by a minimum wage commission and acceptance by the government. Since a legal minimum wage law is a derogation of the constitutional right of a collective tariff autonomy, it is discussed whether and to what extent the minimum wage is consistent with the constitution.
She chose Joaquín Pérez Rey to hold to post the Secretary of State for Labour and Social Economy, effectively the number 2 in the Ministry. As Minister of Labour, she took part in the negotiation that achieved the increase in the minimum wage to 950 euros, as well as the derogation of the dismissal for medical leave. She also took part in the dispatch of labor inspections to the agricultural sector to monitor the working conditions of workers in the sector.
The intergovernmental Conference, which drew up and adopted the Convention and the further Acts, took place at The Hague from 21 April to 14 May 1954 where 56 States were represented. Following this international agreement The Hague Convention For the Protection of Cultural Property in the Event of Armed Conflict would come into force in 1956 in order to be an instrument of non derogation for the states bound by the document to stop the looting and destruction of cultural property.
Also, sticker reminders were placed on the "prohibited" toys. The conclusions indicated that the severe threats produced significantly less derogation for the toys than the mild threats did. From these two studies, it is evident that children are not going to respond the way the punisher is intending for them to if the punishment appears to be severe. Instead, it appears to be more effective to use mild threats to produce the intended behavior and thus, sufficient amount of intrinsic motivation.
Further adjustments are made where there is a derogation from the VAT directive allowing certain goods to be exempt. The tax base is capped, such that it may not be greater than 50% of a Member State's gross national income (GNI). In 2017, eight Member States saw their VAT contribution reduced thanks to this 50% cap (Estonia, Croatia, Cyprus, Luxembourg, Malta, Poland, Portugal and Slovenia). Member countries generally pay 0.3% of their harmonised VAT base into the budget, but there are some exceptions.
On 19 May 2006, Armenia signed Protocol No. 13 of the European Convention of Human Rights. Under Protocol No. 13, no derogation would be made for the application of the death penalty, even during times of emergency and war. However, as of May 2020, Armenia has yet to ratify or put the Protocol into force. Under Article 6 of the Armenian Constitution, international treaties do not enter legal force until they are ratified, illustrating they have yet to implement it.
The extended parallel process model (EPPM) is a theory that explains how cognitive and emotional mechanisms trigger distinct motivational and coping responses such as fear control and danger control responses. Fear control responses minimize fear through emotional coping that generates reassurance through denial of the threat or derogation of the persuasive message. Fear control is a process of denial that does not involve physically averting behavior to the perceived threat. Danger control is a cognitive process also oriented towards reducing the presented threat.
The doctrine of non-derogation from grants is a principle of the law of England and Wales. As the House of Lords explained in British Leyland Motor Corp. v. Armstrong Patents Co., it states that a seller of realty or goods is not permitted to take any action (such as bringing an infringement action) that will lessen the value to the buyer of the thing sold. United States federal law recognises similar doctrines such as the exhaustion doctrine or doctrine of implied license.
This alleged document became fundamental law of the Realm in 1640. The Cortes, called on 1 November 1679, proceeded with the derogation. By then the ambassador of Savoy, the Marquis of Ornano, had come to Lisbon to celebrate the marriage by proxy. But it would all turn ineffective to the extent that the embassy of the Duke of Cadaval, sent to Turin in May 1682, did not reach or did not finish the project, by pressures, perhaps, of Louis XIV on the dynasty of Savoy.
"Alliance Blackpool Service Approved" Modern Railways issue 804 September 2015 page 8 The application proposed using 125mph tilting Class 390 Pendolinos, however with Alliance unable to negotiate a derogation to operate the rolling stock, the access rights lapsed in June 2017."HSTs for Alliance Rail as Pendolino plans face difficulties" Today's Railways issue 182 February 2017 page 14Alliance drops Pendolino plan as Southampton paths identified Railway Gazette International 19 July 2017 Alliance applied for altered paths with InterCity 225 sets to commence operating from September 2019.
Aronson explained the results of this experiment and the pratfall effect as due to increased sympathy with successful individual after they make a mistake. Later work has suggested that the pratfall effect is explained by self-comparison between blunderers and observers in addition to the observer's desires for accurate self-evaluations. The derogation toward an average confederate appears after the confederate commits the pratfall since humor allows the individuals to comfortably rate attractiveness more congruently with immediately felt (negative) emotions.Landy, D., & Mettee, D. (1969).
A peremptory norm (also called ' or ''''' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are jus cogens nor how a norm reaches that status, but it is generally accepted that jus cogens bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, torture and refoulement.M. Cherif Bassiouni.
There are nonsocial restraints which make it difficult or even impossible to change one's ability. These nonsocial restraints are largely absent for opinions. :6. The cessation of comparison with others is accompanied by hostility or derogation to the extent that continued comparison with those persons implies unpleasant consequences. :7. Any factors which increase the importance of some particular group as a comparison group for some particular opinion or ability will increase the pressure toward uniformity concerning that ability or opinion within that group. :8.
Milton argues that licensing is "a dishonour and derogation to the author, to the book, to the privilege and dignity of Learning". This is because many authors will produce a written work with genuinely good intentions only to have it censored by what amounts to a subjective, arbitrary judgment of the licenser. Milton also thinks that England needs to be open to truth and understanding, which should not be monopolised by the government's standards. Faith and knowledge need exercise, but this Order will lead to conformity and laziness.
There are two meres; the larger, Quoisley Big Mere, is at , and the smaller, Quoisley Little Mere, at . A narrow strip of woodland, Holly Rough, lines the farm track immediately to the north of Little Mere. The catchment area of the meres is .Natural England: Assessment for applications for use of the Nitrate Vulnerable Zone derogation from the Livestock Manure Nitrogen Farm Limit: Appendix 2 (29 January 2009) (accessed 15 May 2010) The Site of Special Scientific Interest (SSSI) of Quoisley Meres was designated in 1963 and occupies .
A "general atmosphere of criticism and derogation" infected the force that would eventually sour relations between Blamey and some Staff Corps officers. Considering its inexperience, Savige's 17th Infantry Brigade was given a complicated role in the Battle of Bardia. While the 2/6th Infantry Battalion made a demonstration on the right, the 2/5th Infantry Battalion, reinforced by part of the 2/7th Infantry Battalion, attempted to follow up the 16th Infantry Brigade's attack, with the remainder of the 2/7th in reserve. The brigade had to move in four directions at once.
On the basis of objective criteria determined by the ordinary in consultation with the episcopal conference and approved by the Holy See, the ordinary may petition the Pope, on a case-by-case basis, to admit married men to the priesthood as a derogation of canon 277 §1canon 277 §1, Code of Canon Law. Retrieved 2009-12-01. of the Code of Canon Law, but the general rule is that the ordinariate will admit only celibate men.Apostolic Constitution, VI §2; complementary norms, 6 §1 No married man may be ordained a bishop.
Theodor Krüger with a (1920) Theodor Krüger (13 January 1891Harald Müller (text), Ulrich Loeper (images): Biographisch-bibliographisches Lexikon Celler Musiker. Komponisten, Sänger, Instrumentalmusiker, Musikpädagogen, Musikwissenschaftler, Instrumentenbau – 28 December 1966)Vergleiche die Todesanzeige in der Celleschen Zeitung dated 29 December 1966Note: By way of derogation, the Biographisch-bibliographische Lexikon Celler Musiker … the date of death 2 January 1967, but which was the date of burial. Compare the Todesanzeige in the Celleschen Zeitung dated 29 December 1966 was a German music educator, choral conductor, pianist, composer and writer, especially on historical flutes.
The Hague Convention sets out a minimum level of respect which all States Parties must observe, both in relation to their own national heritage as well as the heritage of other States Parties. States are obliged not to attack cultural property, nor to remove or misappropriate movable property from its territory of origin. Only exceptional cases of 'military necessity' will excuse derogation from this obligation. However, a State Party is not entitled to ignore the Convention's rules by reason of another Party's failure to implement safeguarding measures alone.
Most nobles' wealth derived from one or more estates, large or small, that might include fields, pasture, orchards, timberland, hunting grounds, streams, etc. It also included infrastructure such as castle, well and mill to which local peasants were allowed some access, although often at a price. Nobles were expected to live "nobly", that is, from the proceeds of these possessions. Work involving manual labour or subordination to those of lower rank (with specific exceptions, such as in military or ecclesiastic service) was either forbidden (as derogation from noble status) or frowned upon socially.
In Mars U.K. Ltd. v. Teknowledge Ltd.,[2000] F.S.R. 138. the High Court of Justice, Chancery Division, considered the non- derogation doctrine in the wake of Green Cartridge. Mr. Justice Jacob interpreted Green Cartridge as holding that the British Leyland “spare parts exception applied only where it was plain and obvious that the replacement was analogous to a repair which an ordinary purchaser of an article would assume he could do for himself without infringing the manufacturer’s rights, or that the exercise of monopoly power by means of copyright would be against consumers’ interests.
In commercial property much of the law, especially as to disputes and basic responsibilities, is based on freedom of contract of the common law including the implied terms of precedent decisions of wide-ranging case law such as the meaning of "good and substantial repair". Implied principles include "non- derogation from grant" and "quiet enjoyment". All businesses which are tenants (lessees) must decide whether to contract in or outside of Part II of the Landlord and Tenant Act 1954 which gives them "business security of tenure". If not, it generally applies by default.
The principal legislation for decommissioning offshore infrastructure when production ceases is OSPAR Decision 98/3 on Disposal of Disused Offshore Installations. Under OSPAR legislation, only installations that fulfil certain criteria (on the grounds of safety and/or technical limitations) are eligible for derogation (that is, leaving the structure, or part of, in place on the seabed). All other installations must be totally removed from the seabed. During the next two decades, the industry will begin to decommission many of the installations that have been producing oil and gas for the past forty years.
Some long-standing traditions (indeed, legal requirements) have disappeared as a consequence. First, "permitted hours" gained a new meaning. Until the 2003 Act came into force on 24 November 2005, permitted hours were a standard legal constraint: for example, serving alcohol after 23:00 meant that a licensing extension had to exist—either permanent (as for nightclubs, for example), or by special application from the licensee concerned for a particular occasion. There was also a customary general derogation permitting a modest extension on particular dates, such as New Year's Eve and some other Public Holidays.
The Quran emphasizes the absolute divinity of God and warns against associating any being with him (shirk). It further condemns Jewish and Christian leaders of the time for deceiving the masses into taking "their priests and their anchorites to be their lords in derogation of God". In casting doubt on claims about the divine status of Uzayr and Christ, the Quran also instructs Muslims to reject such beliefs. These arguments reflect the tensions between the new Muslim community and the more established Christian and Jewish communities of Arabia.
In Europe, the 1979 Birds Directive and its amendments seeks to protect wild birds and allows hunting only within certain limits. According to the Directive use of traps, bird lime (glue), nets, live decoys and poison is forbidden at all times and birds are protected during breeding and spring migration. Malta joined the European Union in 2004 and obtained certain exemptions from the protective laws that apply to the membership states regarding wild birds. Trapping of several types of finches was allowed for five years until 2009 when the derogation was phased out.
Nonetheless, Southern Rhodesia did recognise that it had limits on its self-government. For example, foreign relations were not maintained, nor could the government change the Southern Rhodesian pound from parity against the British pound sterling. The most important derogation was on racial affairs; laws related to racial affairs were to have Royal Assent withheld. However, despite these limits, and the formal supremacy of British statutes under the Colonial Laws Validity Act 1865, a convention emerged that Parliament would not legislate for Southern Rhodesia, nor the Governor withhold Assent, without the Legislative Assembly's permission.
The quarry is linked by a freight only railway line, part of the former Bristol and North Somerset Railway using trains operated by Mendip Rail, to a junction with the Reading to Taunton Line near Frome station. The quarry has been the object of protests against its impact on the environment and has had to appeal against planning application decisions because of the claimed derogation of river flows, groundwater abstractions and local springs due to historic dewatering associated with the quarry. Hanson runs a study centre for school children close to the quarry.
Hemisphere Publishing Corp., Washington D.C. (Hypothesis IV). Next, Festinger hypothesizes that there are non-social restraints that make it difficult or even impossible to change one's ability and these restraints are largely absent for opinions. In other words, people can change their opinions when they want to but no matter how motivated individuals may be to improve their ability, there may be other elements that make this impossible (Hypothesis V). Festinger goes on to hypothesize that the cessation of comparison with others is accompanied by hostility or derogation to the extent that continued comparison with those persons implies unpleasant consequences (Hypothesis VI).
It is used so abundantly during this stage of a sailor's training that it can sound curious to a new recruit or a visitor. The term is almost never used by superiors to refer to inferiors during recruit training except ironically or in a derogatory tone. Sometimes the term is modified to connote the derogation more explicitly, as in "Shipwreck" in reference to someone who is messy or fails to maintain a military bearing. As the extreme hierarchical distinctions in recruit training tend to fade once the recruit joins the regular Navy, so do the above distinctions.
The Lords took a "ruthlessly pragmatic" approach towards Exton, probably due to the fact that he was still—just— in office. Their lack of action against him may also have been the result of a deal which saw them protect Exton in return for his abandonment of Brembre. For his part, the rumour that he "sought the derogation and annulment" of London's liberties was probably sufficiently grave for Exton to seek the protection of the Appellant Lords. Indeed, he probably had good reason to fear that his previous good relations with the King could yet be enough to turn the rebels against him.
The Oxford Dictionary of National Biography said of Reeves-Smith that "he was aware of the slightest derogation from high standards of housekeeping or service; yet he was innovative and capable of masterly delegation ... punctilious and conservative in manner and dress, he had a shrewd business appreciation of practical detail and people's tastes in leisure activities." In 1930, the novelist Arnold Bennett, who knew the Savoy well, dedicated his Imperial Palace to Reeves-Smith. The principal character of the novel, Evelyn Orcham, is the resourceful and urbane general manager of a large hôtel de luxe in London.Bennett, Arnold.
77 F. at 290. Accordingly, the buyer does not acquire full rights over the purchased article: > The buyer of a machine undoubtedly obtains title to the materials embodying > the invention, subject to reverter in case of violation of the conditions of > the sale. But, as to the right to use the invention, he is obviously a mere > licensee, having no interest in the monopoly granted by the letters patent. > A license operates only as a waiver of the monopoly as to the licensee, and > estops the licensor from exercising its prohibitory powers in derogation of > the privileges conferred by him upon the licensee.
The directive defines sensitive areas, as "freshwater bodies, estuaries and coastal waters which are eutrophic or which may become eutrophic if protective action is not taken", "surface freshwaters intended for the abstraction of drinking water which contain or are likely to contain more than 50 mg/l of nitrates", areas where further treatment is necessary to comply with other directives, such as the directives on fish waters, on bathing waters, on shellfish waters, on the conservation of wild birds and natural habitats, etc. The directive contains a derogation for areas designated as "less sensitive"; such derogations were approved for areas in Portugal.
Etihad and Qatar Airways Enter New Territory, Aviation Week & Space Technology, 27 January 2014, p. 31 In early 2014, Etihad Regional leased four ATR 72-500s from Nordic Aviation Capital to expand routes from Geneva. From the end of March 2014, the airline withdrew its Ancona-Roma Fiumicino and Trapani-Roma Fiumicino routes, as a result of cabotage restrictions, which prevent Swiss aviation companies from operating domestic flights in the European Union. It was previously possible for Darwin Airline to fly these routes thanks to a derogation from the Italian Civil Aviation Authority, however, this was not renewed.
Buildings, silos and machinery attached to them can be converted if they are removed from the land. Conversion has been described as a fascinating tort,Prosser and Keeton, p. 88 albeit one which has largely eluded the attention of legal writers. The literature frequently laps over into that of trover.See Note, 1935, 21 Cornell Law Quarterly 112 Other sources define conversion as a distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his title or rights therein, or in derogation, exclusion, or defiance of such title or rights, without the owner's consent and without lawful justification.
The Constitution, in Article 81.2, says: "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire project." "La aprobación, modificación o derogación de las leyes orgánicas exigirá mayoría absoluta del Congreso, en una votación final sobre el conjunto del proyecto." Article 81.2 of the Spanish Constitution of 1978. That is to say, an organic law is presented as a project (by the government) or as a proposition of law (by the Cortes Generales) and must follow the same parliamentary procedures as an ordinary law.
In the case of JJ, the House of Lords drew an analogy between a prisoner in an open prison, and a suspected terrorist under a control order. Consequently, it was viewed as an anomaly for the Home Secretary to enforce harsher conditions on an individual who has not been convicted of any crime, in comparison with an open prisoner who enjoys freedom of association. The court brought up the example of the detainee being in a "prison with three walls", the fourth wall of course being that of voluntary deportation, which is a derogation from Art. 5 under Art.
To investigate the salience of religious beliefs in establishing group identity, researchers have also conducted studies looking at religion and prejudice. Some studies have shown that greater religious attitudes may be significant predictors of negative attitudes towards racial or social outgroups. These effects are often conceptualized under the framework of intergroup bias, where religious individuals favor members of their ingroup (ingroup favoritism) and exhibit disfavor towards members of their outgroup (outgroup derogation). Evidence supporting religious intergroup bias has been supported in multiple religious groups, including non-Christian groups, and is thought to reflect the role of group dynamics in religious identification.
This formal acknowledgment indicates awareness, on the part of the Council of Europe, that the evolution of the Convention must include jurisprudence that justifies the application of this doctrine in so many different issues. The margin of appreciation doctrine may also expand further throughout international law. This is because its underlying concept of a derogation being "necessary in a democratic society"as it is provided for in the European ConventionSee Articles 8(2), 9(2), 10(2) and 11(2). The treatment of these provisions has relevance, in an international context, to instruments such as the International Covenant on Civil and Political RightsB.
It does mention the prohibition on the threat of use of force and on the use of coercion to conclude an agreement: > A treaty is void if, at the time of its conclusion, it conflicts with a > peremptory norm of general international law. For the purposes of the > present Convention, a peremptory norm of general international law is a norm > accepted and recognized by the international community of states as a whole > as a norm from which no derogation is permitted and which can be modified > only by a subsequent norm of general international law having the same > character.
Bogomer belonged to Duke Béla's confidants, who strongly opposed his father King Andrew II "useless and superfluous perpetual grants" which caused the derogation of the royal power in the realm. Béla was made Duke of Slavonia in 1220, and Bogomer was member of his ducal court, along with other young courtiers, for instance Denis Türje, Paul Geregye and Pousa, son of Sólyom. Bogomer was mentioned as Master of the cupbearers for Duke Béla by several charters throughout 1225. In the next year, Béla was transferred to Transylvania, he governed the province with the title Duke too.
The proposed extension of the East London Line raised concerns that the station would have to be closed due to its platforms being too short (only four cars long) to accommodate the new rolling stock planned for the extended line (which could be six or eight cars long). The narrowness of the platforms was also a concern. The station does not fully meet the safety standards for an underground station but is permitted to operate under a derogation from Her Majesty's Railway Inspectorate. Despite this, on 16 August 2004 then-Mayor of London Ken Livingstone announced that the station would remain open.
Another form of competitor derogation that is instrumental in making rivals appear less desirable is slut-shaming. In slut-shaming, females criticize and derogate same-sex rivals for engaging in sexual behaviors that are deemed "unacceptable" by society's standards, as it violates social expectations and norms with regards to their gender role. For example, an act of sexual promiscuity demonstrated by a female is often considered non-conventional and inappropriate as such behaviors are not viewed as acts that constitute femininity. Females may choose to personally confront or spread rumors and gossip about the promiscuous activity of another female.
Buss and Dedden explored sex differences in competitor derogation to investigate the tactics that are commonly adopted by both sexes for intrasexual competition. Researchers presented both sexes with a list of tactics that are often employed by individuals to derogate same-sex competitors in an attempt to make them look undesirable to the opposite sex. On a scale from 1 (likely) to 7 (unlikely), participants rated the likelihood that members of their own sex would perform each act. Results revealed that tactics that pointed out a competitor's promiscuity were used by females more frequently than males.
Decisions of the Conseil d'État then dismissed the allegations that the French Government had authorized the plaintiff shipowners to send their vessels to go fish for lobsters on high seas, or off the coast of Brazil, stating that the licenses given to the plaintiffs accorded to the masters of the vessels and not the shipowners. That the derogation authorized the masters to exercise full command of their vessels as for fishing on high seas and not in a particular zone. There is no evidence that the French Government had authorized such action, their claims were rejected.
Chee Siok Chin, p. 601, para. 48. It has been noted that the Indian courts have thus been used to exemplify how much more deference Singapore courts should give to the Government, and that the Article 14(2) derogation clause was said to confer upon Parliament a great amount of discretionary power.. Thio notes that the High Court in Chee Siok Chin (at p. 601, para. 47) cited , to the effect that "a Court is not a second or revising Chamber from the decision of the Legislature and that it is only in the clearest case that a Court will declare a law invalid".
The Westminster Chronicle reports that when Exton's term was up in October 1388, Richard II was willing for Exton to continue as Mayor into 1389 (even if he had supposedly thwarted royal plans to assassinate members of parliament). But Exton's personal, if private, support for Richard, such as it was, may have earned him the distrust of Londoners. Just before Exton's mayoralty ended, the parliament then being held at Cambridge by the victorious Lords Appellant formally pardoned Exter— at his own petition—for any treasons or felonies he may have committed in previous years. This parliament also forbade Londoners from criticising him regarding alleged derogation of the city's liberties.
It is also important to note that a free trade agreement is a reciprocal agreement, which is allowed by Article XXIV of the GATT. Whereas, autonomous trade arrangements in favor of developing and least developed countries are permitted by the Decision on Differential and More Favorable Treatment, Reciprocity and Fuller Participation of Developing Countries adopted by signatories to the General Agreement on Tariffs and Trade (GATT) in 1979 (the “Enabling Clause”). It is the WTO's legal basis for the Generalized System of Preferences (GSP). Both free trade agreements and preferential trade arrangements (as named by the WTO) are considered as derogation to the MFN principle.
He had in the pulpit spoken against neighbouring ministers and John Howe, then of Great Torrington, openly protested against one of Larkham's sermons, which was afterwards published in his Attributes of God, 1656. In October 1659 a weekly lecture was established in Tavistock by his opponents, and the neighbouring ministers officiated. Larkham resisted the arrangement, but the council of state ordered the justices living near Tavistock (17 March 1659–60) to take measures to continue the lectures, and to examine witnesses. The charges chiefly consisted of expressions he had used in sermons, in derogation of the restored Long Parliament, and in contempt of George Monck.
The results concerning the in-group and outgroup evaluations seem to suggest that people with high CSE can be considered more confident about their esteemed social identity, making them search for more opportunities to enhance the collective self. As a result, those people will feel a greater need to evaluate their in-group members more positively (i.e., in-group favoritism) than people low in CSE. On the other hand, people low in CSE do not feel very confident about their social identity and, in order to avoid failure, they will consider out-group derogation as a more useful strategy to protect their social identity.
Despite their importance for aviation safety, European flight time rules did not exist until recently. It is only since July 2008, that EU Member States must respect the “EU-OPS” Regulation’s Subpart Q (in Annex III) that regulates Flight Time Limitations (FTL) for air crew. With this EU-OPS Subpart Q, the EU introduced, for the first time in history, a harmonized, legally binding minimum set of FTL safety rules aimed at preventing pilot fatigue across Europe. While individual EU countries can apply stricter FTL rules at national level, they are not allowed to go below the minimum set by EU-OPS, unless they apply for a specific derogation.
Armstrong Patents Co., [1986] A.C. 577, [1986] All E.R. 850 (H.L.). The opinion by Lord Templeman in that case pointed out that an implied license might be negatived by express language, under principles of freedom of contract, but that was not so when non-derogation instead is involved: “The right cannot be withheld by the manufacturer of the car by contract with the first purchaser and cannot be withheld from any subsequent owner.” That is, the nature of property makes the right inherent and not a matter of freedom of contract. It is thus seen that the effect is comparable to the US license that is implied by operation of law.
The traffic from the Condo's is to be connected to 5th Avenue North street. The land developers received permission from the Quebec Environment Department for a derogation that de-zoned the Pierrefonds land as unbuildable flood plain. The streets "Rue du Sureau", "Rue du Celtis", "Rue de L Achillee", and "Rue de L Armoise" were constructed in 2009 for the new buildings just west of the street Rue Riviera. East of Rue Riveria is a northern extension of "Boulevard des Sources" and "Rue Debours" which were constructed in 2004. The former Mayor of Pierrefonds-Roxboro, Mme Monique Worth had in October 2004 bought a property at 5200 Sources Blvd.
Environmentalists have described spring hunting in Malta as particularly problematic as it is the only country with an EU derogation to shoot birds during their spring migration to breeding grounds. Streptopelia turtur egg According to a 2007 study by the European Commission, four currently identifiable potential threats to the turtle dove are (1) habitat loss/modification (medium to low impact), (2) droughts and climate change (mostly unknown but likely low impact), (3) hunting (partly unknown but overall medium impact), and (4) competition with the collared dove (unknown impact).Lutz, Marc (2007) MANAGEMENT PLAN for TURTLE DOVE (Streptopelia turtur) 2007–2009. Technical Report – 007 – 2007.
The zero rate is not featured in the EU Sixth Directive as it was intended that the minimum VAT rate throughout Europe would be 5%. However, zero-rating remains in some member states, particularly the UK and Ireland, as a legacy of pre-EU legislation. These member states have been granted a derogation to continue existing zero-rating but are not permitted to add new goods or services. An EU member state may uplift their domestic zero rate to a higher rate, for example to 5% or 20%; however, EU VAT rules do not allow a reversal back to the zero rate once it has been given up.
McCulloch was the editor of The Scotsman of Edinburgh and replied cuttingly in a review printed on the front page of his newspaper in March 1827. He implied that Malthus wanted to dictate terms and theories to other economists. McCulloch clearly felt his ox gored, and his review of Definitions is largely a bitter defence of his own Principles of Political Economy, and his counter- attack "does little credit to his reputation", being largely "personal derogation" of Malthus.Morton Paglin's "Introduction" to: The purpose of Malthus's Definitions was terminological clarity, and Malthus discussed appropriate terms, their definitions, and their use by himself and his contemporaries.
He occupied that see until his death. He then served as a nuncio in the Kingdom of Aragon, in which capacity he successfully sought the derogation of a pragmatic sanction that endangered the freedom of the church. In July and August 1464, he accompanied the pope to Ancona. Following the death of Pope Pius II, he returned to Rome for the papal conclave of 1464 that elected Pope Paul II. During that conclave, the College of Cardinals had agreed that the number of cardinals should be fixed at 24; Archbishop Nardini and Teodoro Lelio, Bishop of Treviso, advised the new pope in September 1464 not to agree to this limitation.
In the case of observing the injustice of the suffering of innocent people, one major way to rearrange the cognition of an event is to interpret the victim of suffering as deserving. Specifically, observers can blame victims for their suffering on the basis of their behaviors and/or their characteristics. Much psychological research on the belief in a just world has focused on these negative social phenomena of victim blaming and victim derogation in different contexts. An additional effect of this thinking is that individuals experience less personal vulnerability because they do not believe they have done anything to deserve or cause negative outcomes.
Ballestero 2014, p. 61 a single source claims that in early 1938 he resigned from Junta Política and together with other collaborative Carlists personally protested to Franco.Cantabrana Morras 2004, pp. 168-9 In 1939 he spoke against a Serrano-sponsored draft, intended to ensure totalitarian nature of Falangist domination.Ballestero 2014, p. 65; he is not known as having protested against derogation of traditional Biscay provincial establishments, especially the Concierto Economico, Ballestero 2014, p. 70 In April 1939 Oriol was nominated mayor of Bilbao,Agirreazkuenaga, Urquijo 2008, p. 197 later that year re-appointed to Consejo Nacionalas one of 13 Carlists among its 96 members, Agirreazkuenaga, Urquijo 2008, p.
A person who claims to be married to, say, a horse, has no rights and no obligations, and is subject to legal sanctions for any attempt to practice what would be conjugal rights if a marriage was recognised. In the early twenty-first century there was much controversy about recognising marriages between couples of the same sex. Article 16 of International Covenant on Civil and Political Rights requires right to be recognition everywhere as a person before the law.International Covenant on Civil and Political Rights, Article 16 and the derogation from this is prohibited, even in time of public emergency which threaten the life of the nation is officially proclaimed.
Rodezno Despite Puigdollers’ ban on holding official posts, in early 1938 his fellow Carlist conde Rodezno, the minister of justice in the first Francoist government, appointed Puigdollers the head of Dirección General de Asuntos Eclesiásticos; the department was responsible for relations with the Catholic Church.Araque Hontangas 2014; one source claims that in May 1938 Puigdollers was also jefe of “Servizio de Culto y Clero”, which appears to be a department with Falange Española Tradicionalista, Pensamiento Alaves 04.05.38, available here Since March 1938 he talked to Vatican on derogation of Republican divorce regulations and marriages concluded by the divorcees.Cristóbal Robles Muñoz, La Santa Sede y la II República (1934-1939), Madrid 2016, , p.
He observed: > The Constitution bench equated an ordinance with a temporary act enacted by > the competent legislature. This approach, with respect fails to notice the > critical distinction between an enactment of a competent legislature and an > ordinance. Acceptance of the doctrine of enduring rights in the context of > an ordinance would lead to a situation where the exercise of power by the > Governor would survive in terms of the creation of the rights and > privileges…The legislature may not have had an opportunity to even discuss > or debate the Ordinance…. The enduring rights theory attributes a degree of > permanence to the power to promulgate ordinances in derogation of > parliamentary control and supremacy.
For centuries the Irish have taken turf (peat) from bogs as fuel for their fires, and there has been resistance to the requirements of the Habitats Directive for a ban on the tradition in protected areas. After a number of raised bogs, including Clara Bog, were designated Special Areas of Conservation in the 1990s, the Irish government granted itself a derogation to allow "domestic turf-cutting" on SACs for a period of ten years from 1999. Turf-cutting continued on the margins of Clara Bog, although this had a negative impact on its condition.Tracey Logan (June 2011), Turf-cutters battle over Irish peat bog ban, synopsis of radio broadcast (From Our Own Correspondent), BBC.
During April 2010 an Alexander Dennis Enviro400 double deck bus was evaluated on the route between St Helier and Jersey Airport, and during August 2010 an Alexander Dennis Enviro200 was also trialled. Five Enviro200s entered service with MyBus in March 2011 in a new white livery with blue and yellow decals. These were limited to operating on routes 1 and 15 having been granted derogation from Jersey's limitations on oversize vehicles, and were followed in June 2011 by the acquisition of two Enviro400s (one of which was the vehicle demonstrated the previous year), which were restricted to route 15. Unlike most other Connex subsidiaries, Mybus retained its Connex branding after the group was renamed Veolia Transport in 2006.
A > manufacturer who charges too much for his cartridges will sell fewer of his > machines. [It is] likely that purchasers with any degree of sophistication > will be comparing machines on a lifetime cost basis. Accordingly, the Privy Council ruled that the non-derogation doctrine of the British Leyland case had to be limited to its factual context: > Their Lordships are accordingly of the opinion that the features of > unfairness and abuse of monopoly power which underlay the decision in the > British Leyland case cannot be said to be plainly and obviously present in > this case. The analogy with repair is not strong enough to bring the case > within the exceptional doctrine which the House of Lords propounded.
Sonnet 86 is one last attempt by the poet to explain why he has been struck silent, and how words seem useless when silence is the only decent expression. The sonnet describes in backwards motion the progress of his own anguish: In the first quatrain the poet in him is entombed, as the attempt and failure of the poet's writing process is described with a metaphor of a pregnancy and miscarriage (line 3). In the second quatrain the poet is struck dead, in the third he becomes sick. Running alongside of this, but in forward motion, there is a progressive derogation of the rival poet, a progress that starts high with the magnificent nautical metaphor of line one.
As a result of this, the doctrine has continued to subsist in an unstructured set of elements. This is possible, because the foundation concept of a margin is essentially abstract in nature and less connected to the core purposes of the Conventionespecially when it is compared with other interpretive principles, such as legality or the effective protection of rights.S. Greer, The European Convention on Human Rights: Achievements, Problems and Prospects (Cambridge University Press, Cambridge, 2006) at 194. As justification for any derogation from the European Convention ultimately rests on the concept of democratic necessity in a society, margins of appreciation are situation-oriented and the case law regarding this subject frequently lacks consistency.
D.C. In the 1992 elections, Romero was elected to the 103rd and 104th United States Congress as Resident Commissioner of Puerto Rico, and relocated to Washington, D.C.. He was reelected to the 105th and 106th United States Congress as well. During his tenure as Resident Commissioner he campaigned for Puerto Rican statehood, successfully proposed Congress the derogation of the 936 tax code and endorsed the Young Project, which sought to call a referendum to resolve Puerto Rico's political status. In 2000, he sought a third term but was defeated by PPD's Aníbal Acevedo Vilá. He once again sought his party's nomination for the post of Resident Commissioner in 2003, but was defeated by Luis Fortuño.
The literature also documents how in television programs, actors with overweight and obesity are often cast in minor roles, if at all. Programs also often depict them as the targets of teasing and derogation and often portray heavy characters displaying eating behaviors stereotypical to overweight and obesity. This relatively low social status assigned to characters with overweight and obesity in television is also evidenced in children's television, a tendency that perpetuates antifat attitudes among viewers. In terms of media attention for obesity itself, a recent review by Puhl and Suh (2015) revealed that obesity-related media campaigns that used stigmatizing messages, in fact, undermine motivations and intentions to pursue healthy eating and exercise behaviors.
On 15 December 2016, Czech Ministry of Interior introduced a proposal to amend Constitutional Act No. 110/1998 Col., on Security of the Czech Republic expressly providing the right to be armed as part of citizen's duty of participation in provision of internal order, security and democratic order. The proposal aimed at making use of EU Primary Law internal security derogation . Its purpose lays at utilisation of already existing specific conditions as regards firearms ownership in the Czech Republic (240.000 people having concealed carry licence, high level of ownership of semi-automatic firearms suitable for self-defense as compared to other EU countries) for security purposes, whereby firearms owners should contribute to soft targets protection.
The TFEU amendment came into force on 1 May 2013, after the Czech Republic became the last member states to ratify the agreement. According to the text of the treaty, the ESM is open to accession by any EU member state once their derogation from using the euro has been lifted by the Council of the European Union. New members must be approved by the ESM's Board of Governors, after which they would need to ratify to the Treaty Establishing the ESM. After Latvia's adoption of the euro on 1 January 2014 was given final approval by the Economic and Financial Affairs Council on 9 July, the ESM Board of Governors approved Latvia's membership application in October 2013.
The expression appears in the majority judgment in the U.S. Supreme Court decision in Wilko v Swan 346 US 427 (1953) However, this body of case law has been called into question by recent decisions of the Supreme Court. Unfortunately there is little agreement amongst the different American judgments and textbooks as to whether such a separate doctrine exists at all, or the circumstances in which it would apply. There does not appear to be any recorded judicial decision in which it has been applied. However, conceptually, to the extent it exists, the doctrine would be an important derogation from the general principle that awards are not subject to review by the courts.
30, available here though he also appeared on meetings of Partido Provincial Agrario.El Dia de Palencia 10.10.30, available here He called to do away with ruling corrupted oligarchies,one scholar claims Lamamie was part of the primoderiverista oligarchy himself as Salamanca's representative "in the dictator's National Assembly", Vincent 1991, p. 181. There is no confirmation of his place in the Asamblea Nacional Consultiva, and the official Cortes service does not list him (or any other Lamamie) as such but opposed the rising republican tide by lambasting “false liberties and democratic absurdities”;in March 1931 Lamamié demanded also derogation of penal code adopted during the dictatorship, El Adelanto 05.03.31, available here according to his vision, Castile as the heart of Spain remembered that “en primer término Dios”.
When the Metrication Board was abolished in 1980, agreement had been reached with the EEC regarding the use of certain imperial measures until the end of 1989, a date that was subsequently extended to 1999. By this date most pre-packaged goods were sold in metric quantities with loose goods and goods weighed in front of the customer continuing to be sold in imperial quantities. In 1999, when the British Government allowed the derogation for the use of imperial units to lapse, all goods (apart from beer, cider and milk in returnable containers) had to be priced in metric units. The changeover to selling of petrol by the litre rather than by the gallon took place after the Board was wound up.
She could do so due to the derogation of the salic law by Charles IV in 1789, and she intended to prevent a French invasion in the Americas. Some Criollos like Castelli, Beruti, Vieytes and Belgrano supported the project, considering it a chance to get a local government instead of one in Europe, or a medium for a later declaration of independence. Other Criollos like Moreno, Paso or Saavedra were critics of it, as well as most peninsular Spaniards and Viceroy Liniers. They suspected the whole project of concealing Portuguese ambitions in the region, and her public image wasn't positive: the people around her in Brazil (like the infant Pedro Carlos de Bourbon), and her relations with her husband, caused strong public dislike.
During the negotiations, some member states have expressed concerns about the increase in energy costs caused by the implementation of the package: the increase could be of 10% to 15% by 2020. Above all, several countries were concerned about the supposed consequences of the auctioning of all emissions of greenhouse gases on electricity prices, on the one hand, and above all on the competitiveness of the most polluting industrial companies. Poland and most new member states, whose electricity relies mainly on coal, fear that this reform, increasing electricity prices, could undermine their economic growth and their energy security. They wanted to benefit from a derogation allowing a progressive switch to paying quotas, starting at 20% in 2013 to reach 100% in 2020.
To justify the arrests, they used a law from 1846 that prohibited being in disguise in public, even though it had practically only been used since the change of the century to harass transvestites. Drag balls celebrated in private establishments, and homes, even though they were somewhat safer, also were often visited by the police. By the 1930s the tension with the police had extended to the balls with official permit, signaling a change in the social mores that finally had the two last grand balls in the season 1930-31 canceled. The balls entered a definitive decadence after the derogation of the Prohibition in 1933, with the libertine culture of the speakeasies, where cross dressing was allowed, disappearing with it.
Since 2001, the "War on Terror" has led to new human rights concerns. The most recent criticism has concerned the now repealed Prevention of Terrorism Act 2005, a response to a perceived increased threat of terrorism. This act allowed the house arrest of terrorism suspects where there was insufficient evidence to bring them to trial, involving the derogation (opting-out) of human rights laws, through the imposition of control orders. This aspect of the Prevention of Terrorism Act was introduced because the detention without trial of nine foreigners at HM Prison Belmarsh under Part IV of the Anti-terrorism, Crime and Security Act 2001 was held to be unlawful under human rights legislation, by the House of Lords, in A and Others v.
Any EU Member State may also ask the European Commission to conduct a compliance check, at any point of time during the remainder of the year, with HICP and interest rates always checked for the past 12 months – while debt and deficit compliance always will be checked for the 3-year period encompassing the last completed full calendar year and the two subsequent forecast years. As of 12 September 2014, all of the remaining euro derogation states without an opt-out, had not yet entered ERM-II, which mean its highly unlikely any of them will ask the European Commission to conduct an extraordinary compliance check ahead of the publication of the next regular convergence report (scheduled for release in May/June 2016).
"Therefore the Church's negative judgment in regard to Masonic association[s] remains unchanged since their principles have always been considered irreconcilable with the doctrine of the Church and therefore membership in them remains forbidden. The faithful who enroll in Masonic associations are in a state of grave sin and may not receive Holy Communion. It is not within the competence of local ecclesiastical authorities to give a judgment on the nature of Masonic associations which would imply a derogation from what has been decided above..." Catholic secret societies, which mirrored Freemasonry but were technically distinct from it so as to avoid the Papal Bull banning Catholics from it, sprang up in response, notably the Order of the Pug in Germany.
Henry VIII refused to pay the tax on the imported beer, in derogation of the beer- monopoly of the Wroclaw City Council. The beer was seized by the city. Henry VIII, referring to the privileges of the chapter, called for the returning of the Church's goods; the City Council refused, which enraged Henry, who announced the imminent interdict on the city if they didn't accept his demands. The dispute, despite the attempted mediation of the Archbishop of Gniezno, Janusz Suchywilk and King Wenceslaus IV of Bohemia (who even ordered the plundering of the property of Wroclaw's Canons, treating them as responsible for the prolonged conflict), dragged on and only ended in May 1382, as a result of the compromise ruling of the papal Legate, Bishop Thomas Lucerii.
Judicial support for the persistent objector rule is weak. The International Court of Justice has discussed the persistent objector rule in dicta in two cases: the Asylum case (Columbia v Peru, [1950] ICJ 6) and the Fisheries case (United Kingdom v Norway, [1951] ICJ 3). The Inter-American Commission on Human Rights rejected an attempted assertion of the persistent objector defence in Domingues v United States (2002) on the ground that the prohibition against the juvenile death penalty to which the United States objected was not merely customary international law but jus cogens, a norm from which no derogation was permitted. However, this could also be read as confirming that a persistent objector defence may successfully overcome a norm of international human rights law which has not attained the status of jus cogens.
Telecom Éireann manhole cover The company was formed in 1984 as Bord Telecom Éireann, under the Posts and Telecommunications Act 1983. (This article deals mainly with the post-privatisation eir; for details of the company during its time as a state-sponsored body, see Telecom Éireann.) From 1991 to 2013, Eir's subsidiaries included Phonewatch, then known as Eircom Phonewatch, which provides home monitoring services, monitored burglar-alarms, fire alarms, CCTV systems, and medical alert devices. In May 2013, it announced that Phonewatch had been sold to Oslo-based company, Sector Alarm Corporation. From 1999 to 2006 sponsored RTE Weather and from 2000 to 2008, Eircom sponsored the League of Ireland. Although EU laws required the opening of the Irish telecommunications market, Ireland had a derogation from competition until 2003.
The Committee considers that this basic right is not really guaranteed when a worker who exercises it legally runs the risk of seeing his or her job taken up permanently by another worker, just as legally. The Committee considers that, if a strike is otherwise legal, the use of labour drawn from outside the undertaking to replace strikers for an indeterminate period entails a risk of derogation from the right to strike which may affect the free exercise of trade union rights.International Labour Organization, Complaint Against the Government of the United States Presented by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), 1991. The mandate of the Committee on Freedom of Association does not permit the committee to level charges at or condemn national governments.
A peremptory norm or jus cogens (Latin for "compelling law" or "strong law") is a principle of international law considered so fundamental that it overrides all other sources of international law, including even the Charter of the United Nations. The principle of jus cogens is enshrined in Article 53 of the Vienna Convention on the Law of Treaties: :For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.1155 UNTS 331. Rules of jus cogens generally require or forbid the state to do particular acts or respect certain rights.
The purpose of this derogation of the ancient custom was to simplify the process by which a feast had to be commemorated when the second Vespers of one feast coincided with the first Vespers of the subsequent feast. The reform also abolished the custom whereby Vespers was to be recited before noon during Lent. This custom was a survival of the ancient custom whereby the Lenten fast could only be broken after Vespers; the Church had long since permitted this meal to be taken at mid-day and had thus also anticipated the office of Vespers during Lent. Proper Last Gospels were also eliminated in the reform, with the exception of the third Mass of Christmas (when the Gospel of the Mass is taken from John 1) and at Low Masses on Palm Sunday.
He began by postulating -- "The principle of non-derogation is however based upon the presumed intention of the parties. The rights derived from the principle must have a consensual origin."Lord Hoffman's postulate, however, simply refuses to accept Lord Templeman's clearly expressed concept that any intention not to derogate from a grant is constructive, that is to say that it is implied by law irrespective of the actual wishes of the grantor, because perceived considerations of public policy require that certain consequences shall follow from certain transactions in order that society shall operate in accordance with what Lord Templeman considered necessary to the operation of a well-ordered State. In short, Lord Hoffman did not agree with Lord Templeman's unarticulated hierarchy of values, nor did he articulate his own.
On 14 January, Pablo Iglesias, a professor of political science at the UCM and a TV presenter, was announced as head the movement. The movement was organised by the party Anti-Capitalist Left (Izquierda Anticapitalista), the Spanish section of the Trotskyist Fourth International, which had written the Mover ficha manifesto. One of the points highlighted by Iglesias was the derogation of the 135th article of the Constitution, which was made in 2011 by the major parties People's Party (PP) and Spanish Socialist Workers' Party (PSOE); full application of the 128th article of the constitution ("All wealth of the country in all its forms and no matter who owns it, is subordinated to the people's interest"); and maintaining abortion rights. They also demanded Spain exit from NATO and support self-determination rights.
Wilko IV, at 58 The defendants argued that the 1933 Act was not applicable to sellers. "This contention," Bicks responded, "reflects a failure to distinguish between the provisions of the Act requiring registration and those imposing liability for fraud." The defendants tried to argue that whether a transaction was a sale under the act depended on whether the person offering the securities were issuers, underwriters, dealers or traders. Since previous courts had interpreted the statute broadly enough to include brokers processing sell orders as sales, "[a] construction of the terms 'sell' or 'sale' which would exclude a sale by a trader on a national securities exchange would insert an exception where none appears in the Act and would operate to restrict said terms in derogation of the objectives of the Act," wrote Bicks.
There is no pressure on Romania to adhere to ERM in a certain year, followed by the adoption of the euro two years later. The EU Member States can bring into play the derogation clause from entering into ERM and hold on to their monetary policies as a buffer against external shocks. The EU Commission neither the European Council have ever urged Romania - a euro candidate country - to join the Eurozone, and it is not very probable that this will happen in the future – not least due to rising doubts in Brussels and the capitals of some current Eurozone members regarding the wisdom of further Eurozone enlargement. Thus Romania has enough time to establish the economic conditions under which the loss of monetary and fiscal sovereignty will be less painful.
For a brief consideration of such issues, see Quanta--EIPR at 532-35. The Quanta court did make clear, however, that it recognized the fundamental difference in law between a sale of patented goods by a patentee and a patentee's license of another to manufacture the patented goods, which the Supreme Court had explained in United States v. General Electric Co.. At the same time, the Court made it clear that LGE had failed to license Intel (the seller to Quanta) in language that invoked the General Talking Pictures doctrine, which could have changed the outcome, as discussed above in the section of this article captioned "Licensing a limited field." The House of Lords considered whether contract could trump the similar doctrine against derogation from title in British Leyland Motor Corp. v.
The Fantasy Book Review calls The Machine Stops "dystopic and quite brilliant" and says "In such a short novel The Machine Stops holds more horror than any number of gothic ghost stories. Everybody should read it, and consider how far we may go ourselves down the road of technological ‘advancement’ and forget what it truly means to be alive." and rates it as 10 out of 10. Wired magazine states "__1909: __ E.M. Forster publishes "The Machine Stops," a chilling tale of a futuristic information-oriented society that grinds to a bloody halt, literally. Some aspects of the story no longer seem so distant in the future." and says that a lecturer in the story provides "a chilling premonition of the George W. Bush administration's derogation of "the reality-based community"".
The person with this state may attempt to employ various methods, including avoidance, willful ignorance, dissociation, perceived behavioral change, and do-gooder derogation to prevent this form of dissonance from occurring. Once occurred, he or she may reduce it in the form of motivated cognitions, such as denigrating animals, offering pro-meat justifications, or denying responsibility for eating meat. The extent of cognitive dissonance with regards to meat eating can vary depending on the attitudes and values of the individual involved because these can effect whether or not they see any moral conflict with their values and what they eat. For example, individuals who are more dominance minded and who value having a masculine identity are less likely to experience cognitive dissonance because they are less likely to believe eating meat is morally wrong.
The first project towards that goal was presented in 1953 and pursued the derogation of Puerto Rico's status as a United States possession. Despite receiving support from the United States Department of the Interior, at the moment directly in charge of territorial affairs, and the Congressional commissions that studied it, Luis Muñoz Marín ordered its retirement. This decision was later blamed on the armed forces of the United States, who opposed any decision that would endanger their complete control of the strategic territory of Puerto Rico during the height of the Cold War. Subsequent projects focused on the pursuit of sovereignty, including the Aspinall Project, which was consistent with free association as defined in UN General Assembly Resolution 1514, but failed to advance in Congress for similar reasons.
Policy Exchange's Judicial Power Project researches whether the power of judges has increased in the UK, and what effect such a rise in judicial power is having on the principle of the separation of powers. The research unit focuses on the proper scope of judicial power within the Westminster constitution, arguing that judicial overreach increasingly threatens the rule of law and effective, democratic government. The Judicial Power Project has been at the heart of debate surrounding the UK Government's proposed derogation from the ECHR European Convention on Human Rights. Policy Exchange's Judicial Power Project has also been involved in scrutinising the 2016 case R (Miller) v Secretary of State for Exiting the European Union, publishing a number of arguments that were used by the Government in their Supreme Court appeal.
The party also opposed the derogation from the powers of the President of the Republic, considering that the Taif constitution lays on foundation of sectarianism in Lebanon and criticizing the agreement's content in terms of ambiguous texts and generalities that drag the country into divisions over the interpretation of the constitutional text. In addition, it opposed all agreements between Lebanon and Syria subsequent to the Taif Agreement given the lack of balance between the two countries. Afterwards, the party abstained from participating in the first parliamentary elections under the third Republic's rule in 1992 and in the ones that followed until the year 2000, the date of Eddé's death, a few days before the liberation of southern Lebanon. Raymond Eddé had always supported the actions of the national resistance in southern Lebanon as it is a right guaranteed by the laws.
A number of people requested copies of the report under the Freedom of Information Act 2000. The BBC rejected these requests on the grounds that the report fell under a derogation in the FOI Act: "Information held by the BBC is subject to the Freedom of Information Act only if it is 'held for purposes other than those of journalism, art or literature'." The BBC contended that as an internal report aimed at checking its own standards of journalism, the report was held for purposes of journalism. The BBC's position was challenged by Jewish activist, and consultant commercial solicitor at London firm Forsters, Steven Sugar, who appealed initially to the Information Commissioner (who ruled in favour of the BBC) and then to the Information Tribunal (who ruled that the report was not held for purposes of journalism).
The > essence of the monopoly conferred by the grant of letters patent is the > exclusive right to use the invention or discovery described in the patent. > This exclusive right of use is a true and absolute monopoly and is granted > in derogation of the common right, and this right to monopolize the use of > the invention or discovery is the substantial property right conferred by > law, and which the public is under obligation to respect and protect.77 F. > at 291. Lurton then turned to the public policy arguments—that Button-Fastener was expanding its lawful monopoly over the patented machines to a second monopoly over unpatented staples: > What we are asked to do is to mark another boundary line around the > patentee's monopoly, which will debar him from engrossing the market for an > article not the subject of a patent.
Although the phrase "factory model" didn't become a part of educational discourse until the 1980s, David B. Tyack, a leader in the field of educational history, provided a context for it in his history of American urban education, _The One Best System_ (1974). "Just as eighteenth-century theologians could think of God as a clock-maker without derogation, so the social engineers searching for new organizational forms used the words 'machine' and 'factory' without investing them with the negative associations they evoke today." Larry Cuban, another education historian, connects the metaphor to a particular mindset around the purpose of education. In _Pillars of the Republic, Common Schools and American Society, 1780-1860,_ Carl Kaestle (1983) offers: > Schools thus became in some respects like factories, but not necessarily > because they were mimicking factories, or preparing children to work in > factories.
After having frequented the first year of the graduate course of Medicine, he joined the Carmes Seminary in Rue d'Assas, Paris, near his parent home of rue du Pré-aux-Clercs. He was admitted thanks to a derogation granted by the cardinal Verdier for his bad health conditions. He graduated in Scholastic philosophy and then was enrolled in the French Army where he became an artillery official. From 1932 to 1937, he studied Letters and Philosophy at the Sorbonne UniversityJacques Benoist, Biographical profile where he knew Maxime Charles (whom Veuillot refused to defend in the 1958 dispute with cardinal Maurice Feltin for the Centre Richelieu, the Almshouse of Parish students) and Robert Frossard, his future auxiliary bishop. After the degree in theology, he was ordained on 26 March 1939 in Paris by hand of the cardinal Verdier.
The European Court of Justice held it was up to the Industrial Tribunal to determine whether art 2(2) (now art 14) applied ‘having regard to the specific duties which [Ms Johnston] is required to carry out’ Referring to 'article 2(2) of the Directive, it should be observed that that provision, being a derogation from an individual right laid down in the directive must be interpreted strictly.’ However, looking at the context it cannot be excluded that there would be more risks if policewomen carried firearms. So that may be a determining factor, and if so the member state can place a restriction, which need periodic review under art 9(2). There must also be proportionality so ‘derogations remain within the limits of what is appropriate and necessary for achieving the aim in view and requires the principle of equal treatment’.
Adams later issued the following statement to newspapers: > I have never intended to play a public match in my line, having never > arrogated to myself a superiority above other hand billiard players, > although I have deemed myself the equal of any one living in my line, not > excepting Mons. Izar, by whom continually letters are written, whose > contents have for their purpose a derogation of my skill. That this may be > checked, and summarily, I would state that I am willing to play Mons. Izar a > match game for $500 a side, in New York City, Boston or Chicago, on a 5x10 > table, full size balls and Collender cushion; the championship and gate > money to be awarded the player showing the greatest variety of shots in > connection with accuracy, and in all giving the most interesting exhibition > of finger billiards.
In 833, Li Deyu was made chancellor de facto with the designation Tong Zhongshu Menxia Pingzhangshi (). When he met with Emperor Wenzong to thank Emperor Wenzong, Emperor Wenzong discussed with him the matter of partisanship within the imperial government, and Li Deyu, seeing that Emperor Wenzong disliked partisanship, opined that one third of the imperial officials were engaging in partisanship — and then proceeded to use Emperor Wenzong's dislike of partisanship to eject people he disliked from the government, including Yan Yuqing and Yang's associates Zhang Yuanfu () and Xiao Huan (). He was also soon butting heads with Li Zongmin on a number of matters, such as Yang's demotion and Li Zongmin's public derogation of the talents of Zheng Tan and Yin You (). Later in the year, Li Zongmin was sent out of the capital to serve as the military governor of Shannan West Circuit ().
Advance Democratic and Political Reforms. Maradeka described Philippines as a fragile "democratic" state. It had entirely copied the United States of America political system since 1935 Philippine Constitution but it is a failing state because genuine democracy do not exist to run the course of Philippine government but only catered to Hispanic Filipino elites and oligarchy. Muslims continue to protest the annexation of Mindanao, democratic Muslim representation; Moro revolutionary leaders lodge its complain over derogation of the 1996 Jakarta Final Peace Accord and the over 10 years of Philippine gov't and MILF peace negotiations; Muslim civil society groups slammed Philippine court for preventing reforms in the Autonomous Region in Muslim MindanaoMuslim groups slam ‘obstructionist’ TRO, The Manila Times (ARMM); Now, Muslim leaders seek Constitutional Reforms to pave the way for "win win" formula to resolve Mindanao problem through a shift to federal form of government in Philippines.
Greater Anglia Class 90 with its successor the Class 745 at Liverpool Street The trains were first approved for passenger service in July 2019 and were expected to enter passenger service in late 2019. However, there was a delay in this as they were still missing their passenger information systems around the time they were due to enter service, which resulted in Greater Anglia having to seek derogation to operate the Class 90 + Mark 3 sets into 2020. Following this, the first 745/0 unit finally entered service on 8 January 2020 on the Norwich to Liverpool Street route and, as of late March 2020, have now fully replaced the loco-hauled fleet. The first Class 745/1 unit entered service on 30 March 2020 and these are also being used on the Norwich to Liverpool Street route, with the first service on the Stansted Express starting on 28 July 2020.
For the 2015–16 season, he returned to Paris-Levallois. From December onwards, it was subject to a special derogation allowing it to be able to play both with Paris-Levallois, and with CFBB in National 1. In December 2015, Frédéric Fauthoux replaced Antoine Rigaudeau as coach, which allowed Poirier to have a chance to show his potential. In April 2016, he was named MVP of the Round after finishing the match against BCM Gravelines-Dunkerque with 23 points, 12 rebounds and 2 assists in 25 minutes, when he started the game as a substitute. In July 2016, he participated in the NBA Summer League with Orlando Magic. In his first match, he finished with 6 points, 5 rebounds and 1 assist in 15 minutes. In five matches (including a tenure), he averaged 4.2 points, 4.4 rebounds, 0.6 assists and 0.4 blocks in 11.5 minutes per game.
Although the immensely wealthy Lothar von Faber had been ennobled in 1861 and titled as Freiherr (Baron) von Faber in the Kingdom of Bavaria in 1881, in the German Empire, a mediatised nobleman's marriage to Lothar's granddaughter would have been deemed morganatic, and the count's trafficking in commerce considered an act of social derogation for a member of the Hochadel, so Alexander renounced his birth rank prior to the marriage. He was granted the new hereditary title of Graf (Count) von Faber-Castell by Luitpold, Prince Regent of Bavaria, for the descendants of his marriage to the Faber heiress. Although Alexander and Ottilie divorced in 1918, the Faber business trust had conferred headship of the company on Alexander, who even kept the Fabers' renovated palace at Stein (which would be commandeered to billet journalists during the Nuremberg trials, including Ernest Hemingway and John Steinbeck).
The House of Lords allowed the appeal, however, and discharged the injunctions granted by Foster, J; they remitted the cause back to the Chancery Division of the High Court of Justice "to do therein as shall be just and consistent with the Judgment of the House of Lords". The court considered the application of various possible legal doctrines—such as implied licence or "some form of estoppel"—but rejected them in favor of non-derogation. Lord Bridge observed: > It seems to me that when one is considering machinery which is not the > subject of any patent protection, it is unnecessary and may be misleading to > introduce the concept of an implied licence. The owner of a car must be > entitled to do whatever is necessary to keep it in running order and to > effect whatever repairs may be necessary in the most economical way > possible.
This case was decided in 1974, soon after the UK's accession to the EEC on 1 January 1973; and John Tillotson "Text, Cases and Materials on European Union Law" - John Tillotson & Nigel Foster John Tillotson was a lecturer in EU law and Business Law at Sheffield Hallam University and Manchester University. considers that the ECJ took an indulgent view towards its new Member State, allowing the UK to get away with its somewhat dubious derogation against Scientologists. It follows that the van Duyn case would not be a reliable basis to permit the introduction of future blanket derogations. Three years after the van Duyn case, in R v Bouchereau, R v Pierre Bouchereau ECJ 27 OCT 1977 Case report the ECJ took a firmer line, declaring that before anyone could be lawfully refused entry (or deported), the state must demonstrate that person's activities to be socially harmful.
Thereafter he was appointed by Napoleon the 1st's government to execute the medal L'aigle français sur la Volga under Dominique Vivant Denon's supervision. Auguste François's sonThe son first followed his father's footstep, started out as an artist and was trained as a painter at the École des Beaux Arts de Paris,then he became a man of letters, he wrote a long funeral eulogy, as a tribute to James Pradier, following the latter's burial, who was his father's friend (Auguste Michaut, James Pradier, statuaire, Versailles, Imprimerie de Montalant-Bougleux, 1852). He married his niece, his step brother's daughter ( his step-brother being one of his mother's son born during her first marriage) by way of derogation from Louis Philippe I Auguste Victor Michaut was born on 19 February 1814 but he would only become his legal son ten years later when his father eventually married Jeanne Louis, his mother.
The term Prime Minister was initially, but decreasingly, used as a term of derogation; it was first used officially in a royal warrant only in 1905. William Pitt the Younger said the Prime Minister "ought to be the person at the head of the finances"—though Pitt also served as Chancellor of the Exchequer for the entirety of his time as Prime Minister, so his linkage of the finance portfolio to the premiership was wider than merely proposing the occupation of the First Lordship by the Prime Minister. Prior to 1841 the First Lord of the Treasury also held the office of Chancellor of the Exchequer unless he was a peer and thus barred from that office; in this case, the Second Lord of the Treasury usually served as Chancellor. As of 1841, the Chancellor has always been Second Lord of the Treasury when he was not also Prime Minister.
When John Lingard's Strictures on Herbert Marsh's Comparative View of the Churches of England and Rome appeared in 1815, Kipling took offence at the terminology "modern church of England"; and thinking that it came within the category of "seditious words, in derogation of the established religion", wrote to Lingard through the public papers informing him that unless within a reasonable time he published a vindication of his "inflammatory language" he would be indicted. Lingard merely advertised his Strictures in all the papers which had published Kipling's letter; and the controversy died away. Jeremy Bentham mentioned a letter of Kipling of 1815 on schism in his Church-of- Englandism (1817), though a fuller treatment of points he wished to make against Kipling, Gerard Andrewes and Nicholas Vansittart was omitted for reasons of length. Kipling died at his parsonage, after a lingering illness, on 28 January 1822.
Can a man be tried in one county, for an act charged in the indictment in another county? He argued that he could not be . . . He showed this by examining the object of the institution of jury trials, the sources, and the original form of this institution, the meaning of the terms in Magna Carta, by which trial by his peers is secured to every freeman, the course of the common law in England, since the Great Charter, the statutes in England, in derogation from this common law of England on this point, and the breaking out of the American Revolution . . . Mr. Rantoul set forth the substantial benefits of this right, the growth of which he traced from the times of Alfred and Charlemagne, and conjured the court not to throw away a guarantee which had ripened under the varied experience of a thousand years, for a forced and unnatural construction of a statute, which was itself, at least, of very doubtful constitutionality.
To allow Leyland the relief it sought would have the effect of derogating from the title Leyland had conveyed to car owners when they purchased the cars. This rationale is comparable to the doctrine of legal estoppel under US law. Although Armstrong was a third party not in privity with Leyland, and a stranger to the car purchase transaction, nonetheless Armstrong was permitted to rely on the non- derogation rights of the car owners relative to Leyland (as Aro was permitted to rely on the rights of car owners to repair their property and keep it in good order). In his speech, Lord Bridge stated, “What the owner needs, if his right to repair is to be of value to him, is the freedom to acquire a previously manufactured replacement exhaust system in an unrestricted market.” In this regard, he observed that it was infeasible for the general public to make their own tailpipes or go to the village blacksmith to have them specially made.
In the United States, implied licenses are usually considered to be of two kinds: either they reflect the intention of the parties, which is inferred from a fact-specific inquiry into the surrounding circumstances, or else they are constructive agreements, in which case the intention of the parties is likely to be immaterial. In reality, there is a continuum between these kinds of implied license and it may be difficult to determine whether the license or contract in question is one which the law implies, irrespective of any protests by the unwilling licensor, or instead one inferred from the whole pattern of factual circumstances including the evidence of intent. In England, there is more of a tendency to regard all implied licenses as matters of fact and intent, while what would be a license implied by law in the US is treated under some other branch of substantive law such as the doctrine of non-derogation from grants.An illustrative case is British Leyland Motor Corp. v.
The Committee considers that, if a strike is otherwise legal, the use of labour drawn from outside the undertaking to replace strikers for an indeterminate period entails a risk of derogation from the right to strike which may affect the free exercise of trade union rights.’ P Weiler, ‘A Principled Re-Shaping of Labor Law for the Twenty-First Century’ [2001] University of Pennsylvania Journal of Labor and Employment Law 201, Mackay is ‘the worst contribution that the U.S. Supreme Court has made to the current shape of labor law in this country.’ However the Supreme Court further held in NLRB v Fansteel Metallurgical Corporation that the Labor Board cannot order an employer to rehire striking workers,NLRB v Fansteel Metallurgical Corporation 306 US 240 (1939) Reed J and Black J dissented. and has even held that employers could induce younger employees more senior jobs as a reward for breaking a strike.
English courts prior to 1830 Due to a misunderstanding by Sir Edward Coke in his Institutes of the Lawes of England, academics thought for a long time that the King's Bench was primarily a criminal court. This was factually incorrect; no indictment was tried by the King's Bench until January 1323, and no record of the court ordering the death penalty is found until halfway through Edward II's reign. The court did have some criminal jurisdiction, with a royal ordinance in 1293 directing conspiracy cases to be brought to the King's Bench and the court's judges acting in trailbaston commissions around the country. A. T. Carter, in his History of English Legal Institutions, defines the early King's Bench jurisdiction as "to correct all crimes and misdemeanours that amounted to a breach of the peace, the King being then plaintiff, for such were in derogation of the Jura regalia; and to take cognizance of everything not parcelled out to the other courts".
Irish became an official language of the EU on 1 January 2007, meaning that MEPs with Irish fluency can now speak the language in the European Parliament and at committees, although in the case of the latter they have to give prior notice to a simultaneous interpreter in order to ensure that what they say can be interpreted into other languages. While an official language of the European Union, only co-decision regulations must be available in Irish for the moment, due to a renewable five-year derogation on what has to be translated, requested by the Irish Government when negotiating the language's new official status. Any expansion in the range of documents to be translated will depend on the results of the first five-year review and on whether the Irish authorities decide to seek an extension. The Irish government has committed itself to train the necessary number of translators and interpreters and to bear the related costs.
US patent law permits a third party to assert the repair rights of the non-party owner of those rights. In the UK, where such parts may be protected by a copyright on the drawings for the parts, the House of Lords has held that the doctrine against derogation from grants may be invoked by a seller of spare parts (such as a tailpipe for a car).British Leyland Motor Corp. v. Armstrong Patents Co., [1986] 1 All ER 850, [1986] AC 577 (H.L.). Lord Bridge observed in his speech in that case, “What the owner needs, if his right to repair is to be of value to him, is the freedom to acquire a previously manufactured replacement exhaust system in an unrestricted market.” Similarly, in cases of unlawful patent tying the courts allow interloping would-be suppliers of the tied article to assert the rights of purchasers of the product subjected to the tie in order to aid them to escape from the tying.E.g.
It also has a derogation, in a war situation, for a state of emergency to be declared. Hence, the laws in force are in hierarchical order are The Hong Kong Basic Law; legislation in force before 1 July 1997 that was adopted as laws of the HKSAR by the Standing Committee of the National People's Congress; laws enacted by the Legislative Council of Hong Kong after 1997; and PRC laws listed in Annex III to the Basic Law and applied by way of promulgation or legislation; common law and equity; subordinate legislation; customary law. Currently, twelve PRC laws apply in the HKSAR. These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature.
Following the riots, the government announced its willingness to harshen the current football stadia act, also known as Pisanu decree (Italian: Decreto Pisanu) after former Minister of the Interior Giuseppe Pisanu, who enacted the law in 2005. In its original form, the Pisanu decree required Italian mayors and football clubs to meet specific safety standards in their stadiums; however, these have been ignored by most of Serie A and B clubs, meaning that the majority of Italian football venues, including Catania, did not comply with these standards. Former Minister of the Interior Giuliano Amato officially permitted departures from these standards for the 2006–07 football season. The events in Catania, however, led Minister Amato, and Minister of Sports Giovanna Melandri, to immediately cancel every derogation, thus forcing teams to play "behind closed doors" (forbidding the presence of spectators for every venue not within the law), including Stadio San Siro in Milan, Stadio San Paolo in Naples and Stadio Artemio Franchi in Florence.
In May 2004, William Safire in The New York Times noted that the phrase, when used in reference to politics and war, lost its "lighthearted sense" and came to become a pejorative implying panic and "cowardice, going beyond an honorable surrender" and is "said in derogation of a policy to be opposed with the utmost repugnance". Dana Milbank characterized the phrase as a slogan used by members of United States Republican Party, and in December 2015, Robert Entman identified the phrase as one of numerous memes or slogans that "trigger a series of instant, clear mental associations" lending to the "communicative success" of the Republican Party. Linguist George Lakoff stated that the phrase is an example of the Republican Party's skill at "distilling an issue to a simple phrase" and analyzed the phrase as one that "presupposes that the opposite is to stand and fight". In the United States, the phrase saw usage by politicians as a criticism against calls to withdraw from the Lebanese Civil War, Vietnam War, and Iraq War.
The compliance check above was conducted in June 2014, with the HICP and interest rate reference values specifically applying for the last assessment month with available data (April 2014). As reference values for HICP and interest rates are subject for monthly changes, any EU member state with a euro derogation, has the right to ask for a renewed compliance check at any time during the year. For this potential extra assessment, the table below feature Eurostat's monthly recalculation of criteria values being used in the calculation process to determine the upper limit for HICP inflation and long-term interest rates, where a certain fixed buffer value is added to the moving yearly average for the three EU Member States with the lowest HICP figures (ignoring states classified as "outliers"). The black values in the table are sourced by the officially published convergence reports, while the lime-green values are only qualified estimates – not confirmed by any official convergence report – but sourced by monthly estimation reports published by the Polish Ministry of Finance.
The Act is also not subject to any rule that statutes in derogation of the common law should be strictly construed. However, the Act may be interpreted having regard to the common law, but only to the extent that the common law is consistent with its provisions, the promotion of its purpose and its principles, and the application of the rule in section 12. Section 11 provides that the powers inherent in a court to regulate and prevent abuse of its procedure are not affected by the Bill, except to the extent provided in the Bill. Section 12 provides that if there are no provisions in the Act or any other enactment regulating the admission of particular items of evidence, or the relevant provisions deal with that question only in part, decisions must be made having regard to the purpose and the principles set out in sections 6 to 8, and the common law, to the extent that it is consistent with the promotion of that purpose and those principles and is relevant to the decisions to be taken.
As the compliance check for both the debt and deficit criteria always awaits this release in a new calendar year, the first possible month to request a compliance check will be April, which would result in a data check for the HICP and interest rates during the reference year from 1 April to 31 March. Any EU member state may also ask the European Commission to conduct a compliance check, at any point of time during the remainder of the year, with HICP and interest rates always checked for the past 12 months – while debt and deficit compliance always will be checked for the three-year period encompassing the last completed full calendar year and the two subsequent forecast years. As of 10 August 2015, none of the remaining euro derogation states without an opt-out had entered ERM II, which makes it highly unlikely that any of them will request that the European Commission conduct an extraordinary compliance check ahead of the publication of the next regular convergence report scheduled June 2016.
WTR 1998 r 4(3)(b) The same rules have developed as for the minimum wage, regarding "on call" time, so that people with jobs involving long periods where they must make themselves available, but not necessarily be active, are regarded as working if they are bound to remain awake and close to their workplace.See SIMAP v Conselleria de Sanidad y Consumo de la Generalidad Valenciana (2000) C-303/98, [2000] ECR I-7963 This created a significant problem for junior doctors, where the culture has typically been in all European countries that very long hours are expected. The European Court of Justice's decision in Landeshauptstadt Kiel v Jaegar(2003) C-151/02, [2003] ECR I-08389 that junior doctors' on call time was working time led a number of countries to exercise the same "opt out" derogation as the UK, albeit limited to medical practice. The Health and Safety Executive is the UK body charged with enforcing the working time laws, though it has purposively taken a "light touch" approach to enforcement.
Baird was a frequent backbench speaker, winning adjournment debates on diverse national and local issues and in 2004 she was awarded The Spectator Backbencher of the Year Award. During her time as an MP Baird was a member of both the Commonwealth Parliamentary Association and the Inter-Parliamentary Union. She delivered lectures at conferences on democracy, gender and human rights in many locations around the world and carried out election monitoring duties on nine occasions. She was a notable figure in several Parliamentary campaigns including that to remove the rule where pensioners going into hospital had to surrender their pension and reapply on discharge and in another campaign that sought, successfully, to amend National Insurance and other rules – the amendments meaning that the number of women who qualified for the Basic State Pension was greatly increased. Higher profile campaigns included her involvement in a Commons revolt against derogation from Article 5 of the European Convention on Human Rights in which Baird often took the lead in Parliament and the blocking of the partial abolition of jury trial proposed in the Criminal Justice Act 2003 through the proposal of amendments in the Commons.
The plaintiffs, "Cumming, Harper and Ladeveze, citizens of Georgia and persons of color suing on behalf of themselves and all others in like case joining with them," originally filed suit by petition against the Board of Education of Richmond County (the "Board") and one "Charles S. Bohler, tax collector" in the Superior Court of Richmond County, claiming, among other causes of action, that a $45,000 tax levied against the county for primary, intermediate, grammar, and high schools was illegal insofar as the high schools of the county were exclusively for white students and seeking an injunction barring the collection of so much of the total amount as was earmarked for the white only high school system. County was reversed upon the ground that it erred in granting an injunction against the Board of Education. In accordance with that decision, the Superior Court upon the return of the cause from the Supreme Court of the State, refused the relief asked by the plaintiffs, and dismissed their petition. Thereafter, the plaintiffs appealed that order to the US Supreme Court as being in derogation of their rights under the US Constitution.
The College of Cardinals is divided into three orders, with official precedence in the following sequence, generally reflecting seniority and honour: # Cardinal bishops (CB): the six cardinals who are assigned the titles of the seven suburbicarian dioceses in the vicinity of Rome (and other cardinals who are additionally co-opted into the order, in derogation of canon law), appointed from the other cardinals by the pope, as well as cardinals who are patriarchs of Eastern Catholic Churches. The two most senior cardinal bishops of the College, elected by the cardinal bishops from among themselves (excluding those who are Eastern Catholic patriarchs) and approved by the pope, are termed the dean and the vice-dean, currently Giovanni Battista Re and Leonardo Sandri, respectively; the latter is also the senior cardinal bishop among those who are cardinal electors. # Cardinal priests (CP): bishops typically in charge of dioceses (normally as ordinaries), as well as former cardinal deacons who have opted for the order. The most senior cardinal priest of the College is termed the protopriest, currently Michael Michai Kitbunchu; among the cardinal electors, the senior cardinal priest is Vinko Puljić.
Richards J held that the implementation was adequate, though it was stressed that the exceptions would be tightly construed. First, the genuine occupational requirements could apply where the employers were not satisfied an applicant met its requirements, as well as where they did not in fact. Second, it was rejected that a church group under r 7(3) could dismiss a gay cleaner, dismiss a science teacher for being a lesbian or not employ a gay person at a bookshop with holy scripts, even though people may have strong convictions. Nor could a Muslim group refuse a librarian post to someone appearing to be gay. It was ‘clear from the Parliamentary material that the exception was intended to be very narrow; and… is on its proper construction, very narrow.’ That so, because it is a derogation from the equal treatment principle. Third, there is a difference between a religious organisation, such as a faith school where there can be no discrimination, and ‘for the purposes of an organised religion’ where there can. Fourth, ‘so as to comply with the doctrines of the religion’ would be an objective rather than a subjective test under r 7(3)(b)(ii).
The court held that the appellant's case rested on the validity of the following propositions: # that, on a proper interpretation of section 7 of the Act, a local authority must be satisfied that the erection of a building, in consequence of its approval of a plan, will not derogate from the value of a neighbouring property; and # that the evidence led to the necessary inference that the decision-maker had either not applied his mind to derogation of value or had done so in a superficial manner which fell short of achieving the satisfaction which section 7(1)(b)(ii) required of him. The court first considered the proper scope of the duties that section 7(1)(a) and (b) of the Act imposes on a local authority. On a proper interpretation of section 7(1)(a), the local authority must refuse approval of plans where the plans do not comply with the Act and any other applicable law, and also when the local authority remains in doubt as to the scope of the plans. Thus, the test imposed by section 7(1)(a) requires the local authority to be positively satisfied that the parameters of the test laid down are met.
The latest convergence report was published in June 2014, and checked for compliance in the reference year from May 2012 – April 2014, where Lithuania managed to fully comply – thus becoming the next 19th eurozone member. As the reference values for HICP inflation and long-term interest rates change on a monthly basis, any member state with a euro derogation has the right to ask the ECB for an updated compliance check, whenever they believe they have met all both economic and legal convergence criteria. For example, Latvia asked for such an extraordinary compliance check in March 2013 (outside the regular 2-year interval for automatic assessments). In 2009, the authors of a confidential International Monetary Fund (IMF) report suggested that in light of the ongoing global financial crisis, the EU Council should consider granting new EU member states which are having difficulty complying with all five convergence criteria the option to "partially adopt" the euro, along the lines of the monetary agreements signed with the European microstates outside the EU. These states would gain the right to adopt the euro and issue a national variant of euro coins, but would not get a seat in ECB or the Eurogroup until they met all the convergence criteria.
The islands inherited their OCT status from the Netherlands Antilles which was dissolved in 2010. The Netherlands Antilles were initially specifically excluded from all association with the EEC by reason of a protocol attached to the Treaty of Rome, allowing the Netherlands to ratify on behalf of the Netherlands in Europe and Netherlands New Guinea only, which it subsequently did.Treaty Establishing the EEC - Protocol on the Application of the Treaty Establishing the European Economic Community to the non-European parts of the Kingdom of the Netherlands , at the time of signature of the Treaty establishing the European Economic Community, to define the scope of the provisions of Article 227 of this Treaty in respect of the Kingdom of the Netherlands, upon the following provisions, which shall be annexed to this Treaty: The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 227, be entitled to ratify the Treaty on behalf of the Kingdom in Europe and Netherlands New Guinea only. Done at Rome this twenty- fifth day of March in the year one thousand nine hundred and fifty-seven.

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