Traduction de «source du droit » (Français → Anglais) :

B. whereas the Lisbon Treaty enhanced and detailed the concept of EU citizenship – first introduced under the Maastricht Treaty in 1992 – and the rights deriving therefrom, which are also driven by case-law, by reinforcing the status and image of the European Union as the defender of citizens' rights, by providing legislative means to stimulate the active involvement of EU citizens and by creating or fostering new rights, such as the European Citizens' Initiative (ECI) and the individual rights contained in the Charter of Fundamental Rights; whereas EU citizenship should be seen as a source of both rights and duties;

iii) While many tax treaties between OECD members and developing countries have taken account of the effect of the domiciliary principle on the distribution of taxes by giving the source country the right to impose a withholding tax up to a specified amount (this system ensures therefore that the source country also receives a share of the tax revenues), tax treaties established between tax havens and other developing countries make no provision for such a withholding tax.

Treasury Board appealed the case to the Federal Court of Appeal, arguing as follows: The case at issue is a matter of public law exclusively and more specifically of administrative law, that common law is the source of federal public law and applies to the federal government even within Quebec territory, that under common law there is a rule of public order, which provides that no one may benefit from a crime and that applies to the crime of manslaughter, that Quebec private law cannot set this rule aside in view of federal public law and, finally, that, in any case, the crime of manslaughter results in the unworthiness by operation of l ...[+++]aw under Quebec civil law.

Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada.

This is also how Community law is supposed to have arisen and, according to the traditional approach to international law, how its validity is supposed to take precedence over national law, either by virtue of transposition by a national implementing law (in the system known as 'dualism') or, ipso iure, as higher-ranking international law (what is known as 'monism').This report starts from the assumption of qualified monism. According to the prevailing doctrine of the primacy of the international legal order, one of the norms obtained by custom and conviction constitutes the basis for the validity of the legal orders of individual States. The latter are subordinate to international law by virtue of the context in which they come into being. ...[+++] Another one of the principles obtained from the basic norm 'custom and conviction create international law' is that international treaties (in other words, non-customary sources of law) must be complied with ('pacta sunt servanda'). Under another principle of international law, the law of States, which are conceived as the primary subjects of international law, is left essentially untouched by international law and that each of those States is itself competent to regulate the validity and scope of international law within its domestic sphere of influence and that States are entitled to develop their domestic sphere of influence inwards.

I told the House of Assembly of my first experience with constitutional law as a law student when, after going through all the usual sources of constitutional law, the British North America Act, the constitutional conventions, etc., the professor at the University of Alberta asked the students—there were 150 of us there—are there any other sources of constitutional law?