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

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

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: 20:23

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

Summary of answers provided

3 +1

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

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14 hrs confidence:

peer agreement (net): +1

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

Wordwatcher
United Kingdom
Local time: 20:23
Native speaker of:

English
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.

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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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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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