Limiting Clauses: On the Continental European Tradition of Special Limiting Clauses and the General Limiting Clause of Art 52(1) Charter of Fundamental Richts of the European Union
Abstract In the Continental European tradition, provisions granting fundamental rights frequently include a written limiting clause such as art 11(2) ECHR: “No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society ….” Instead of the traditional system of special limiting clauses, in which provisions granting rights include their own limiting clauses, one finds in the Charter of Fundamental Rights of the European Union in art 52(1) a general limiting clause. The introduction of this provision is a welcome basis for analysing the nature of limiting clauses in general and the respects in which general limiting clauses differ from systems of written and unwritten special limiting clauses in particular. The formal requirement of limitation by law and the substantive requirement of proportionality prove to be the essential limiting criteria.
A WRONG TURNING: ARTICLE 3 ECHR AND PROPORTIONALITY
T HE right not to be subjected to torture or to inhuman or degrading treatment or punishment is guaranteed in absolute terms in Article 3 of the ECHR. This article imposes on a State both a negative and a positive obligation. In recent months, the House of Lords has considered cases raising both obligations pursuant to Article 3. This paper will examine first the nature of Article 3 and these obligations, second the jurisprudence of the European Court of Human Rights on the issue of State responsibility, and finally the recent decisions of the House of Lords in R. (on the application of Adam, Limbuela and Tesema) v. Secretary of State for the Home Department
Evangelical Law Firms and the Translation of Arguments: A study of the Evangelical Movement s Influence through National and International Courts
................................................................................................VII Acknowledgements......................................................................................IX Abbreviations............................................................................................XI Central Legal Terms .................................................................................XII