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selon des logiques de proportionnalité, ou de réserve d'interprétation

English translation: by reference to principles of proportionality or subsidiarity or the need for (re)interpretation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:selon des logiques de proportionnalité, ou de réserve d'interprétation
English translation:by reference to principles of proportionality or subsidiarity or the need for (re)interpretation
Entered by: Declan Muldoon
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17:17 Sep 13, 2007
French to English translations [Non-PRO]
Law/Patents - Law (general) / the methods of interpretation used by a French court.
French term or phrase: selon des logiques de proportionnalité, ou de réserve d'interprétation
It is from a speech given by a judge at a conference of French speaking judges. He is talking about the manner in which the courts present their statement of reasons in the court decisions. The difficulty is "réserve d'interprétation"
Declan Muldoon
by reference to principles of proportionality or subsidiarity or the need for (re)interpretation
Explanation:
If the term occurred alone I would translate it as “provisos as to the need for (re)interpretation”

(I have read Mr Canivet’s article on the web and don’t envy you .. a difficult job. .)

It seems to mean that the judge may declare a provision to be in conformity with the constitution provided that it is interpreted in a particular way (which he specifies). A back-door way to judge-made law…. (see: http://www.conseil-constitutionnel.fr/divers/documents/reser... I think it is one of those terms which may have to be translated differently in different contexts.. a case perhaps for leaving the term in French in some translations …

As you will note, I have claimed only ‘medium’confidence for my suggestions. Looks like a translation that would take a long time to complete.
Selected response from:

Wordwatcher
United Kingdom
Local time: 20:35
Grading comment
Thanks for that. Although it does no t actually give a suggested translation it goes a long way to help me understand this part of the text.
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +1by reference to principles of proportionality or subsidiarity or the need for (re)interpretationWordwatcher


  

Answers


14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
by reference to principles of proportionality or subsidiarity or the need for (re)interpretation


Explanation:
If the term occurred alone I would translate it as “provisos as to the need for (re)interpretation”

(I have read Mr Canivet’s article on the web and don’t envy you .. a difficult job. .)

It seems to mean that the judge may declare a provision to be in conformity with the constitution provided that it is interpreted in a particular way (which he specifies). A back-door way to judge-made law…. (see: http://www.conseil-constitutionnel.fr/divers/documents/reser... I think it is one of those terms which may have to be translated differently in different contexts.. a case perhaps for leaving the term in French in some translations …

As you will note, I have claimed only ‘medium’confidence for my suggestions. Looks like a translation that would take a long time to complete.


Wordwatcher
United Kingdom
Local time: 20:35
Native speaker of: Native in EnglishEnglish
PRO pts in category: 95
Grading comment
Thanks for that. Although it does no t actually give a suggested translation it goes a long way to help me understand this part of the text.
Notes to answerer
Asker: Thanks for that - very helpful. See my comments.


Peer comments on this answer (and responses from the answerer)
agree  silviantonia
3 days4 hrs
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