Showing posts with label inanity. Show all posts
Showing posts with label inanity. Show all posts

Monday, February 18, 2019

Dictum of the day, or on inconvenient truths

In the current political context in Europe, this judgment may not surprise anyone. My hope is that it will be reversed one day when the political mood changes. 

Partly concurring, partly dissenting opinion of Judge Pinto de Albuquerque joined by Judge Harutyunyan, in Fernandes de Oliveira v. Portugal [GC], no. 78103/14, 31 January 2019

Monday, November 21, 2011

Dictum of the day, or 'nuff said!

What a pity!

Al-Adsani v. The United Kingdom, 35763/97, European Court of Human Rights, 21 November 2001, Dissenting opinion of judge Ferrari Bravo.

Thursday, August 5, 2010

Dicta of the day, or on the inanity of morality

When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view (...) those individuals’ moral views are an insufficient basis upon which to enact a legislative classification.

Perry v. Schwarzenegger, ND CA, 4 August 2010.

Certainly refreshing after ECHR (see Schalk and Kopf v. Austria) (re)decided to follow and not to lead. Understandable for sheep, but for such a court? Although, I did say that after Behrami nothing could surprise me.