Showing posts with label minority. Show all posts
Showing posts with label minority. Show all posts

Sunday, March 22, 2015

Dictum of the day, or on Children of a Lesser God

Refugees, migrants and foreign nationals are the first to be singled out in a dehumanised and selfish society. Their situation is even worse when they are seriously ill. They become pariahs whom Governments want to get rid of as quickly as possible. It is a sad coincidence that in the present case the Grand Chamber decided, on the World Day of the Sick, to abandon these women and men to a certain, early and painful death alone and far away. I cannot desert those sons of a lesser God who, on their forced path to death, have no one to plead for them.

S.J. v. Belgium, app. no. 70055/10, 19 March 2015, Dissenting opinion of judge Pinto de Albuquerque, para. 12. 

Friday, August 15, 2014

Dictrum of the day, or on the nature of constitutions

Kad je riječ o zaštićenim ustavnim dobrima, Ustavu se ne može pristupati na način da se iz cjeline odnosa koji se njime ustrojavaju izvlači jedna odredba, pa se ona onda tumači zasebno i mehanički, neovisno o svim ostalim vrijednostima koje su Ustavom zaštićene. Ustav čini jedinstvenu cjelinu. On posjeduje unutarnje jedinstvo i značenje pojedinačnog dijela vezano je uz sve ostale odredbe. Promatra li ga se kao jedinstvo, Ustav odražava pojedina sveobuhvatna načela i temeljne odluke u vezi s kojima se moraju tumačiti sve njegove pojedinačne odredbe.

Judgment of the Constitutional Court of the Republic of Croatia, U-VIIR-4640/2014, 12 August 2014, para. 10.  

Friday, April 25, 2014

Dictum of the day, or on permissible victories

The Constitution does not protect racial minorities from political defeat. But neither does it give the majority free rein to erect selective barriers against racial minorities. The political-process doctrine polices the channels of change to ensure that the majority, when it wins, does so without rigging the rules of the game to ensure its success. Today, the Court discards that doctrine without good reason.

Schuette v. BAMN, 572 U.S.____ (2014), Opinion of J. Sotomayor, p. 57

Dictum of the day, or "your freedom rings hollow"

In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter.

Schuette v. BAMN, 572 U.S.____ (2014), Opinion of J. Sotomayor, p. 46.

Monday, January 17, 2011

Dictum of the day, or on misfortunate minorities

Misfortunes punctually visit disadvantaged minority groups, but only as the result of well-disposed concidence.

Anguelova v. Bulgaria, Application no. 38361/97, 13 June 2002, partially dissenting opinion of judge G. Bonello, para. 3.