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FISCALIZAÇÃO PREVENTIVA DA CONSTITUCIONALIDADE | ESPETÁCULOS TAUROMÁQUICOS | TOUROS DE MORTE | TRADIÇÃO | REGIÃO AUTÓNOMA DOS AÇORES

 

 

Constitutional Court, judgment no. 473/02, 19.11.2002

 

JURISDICTION: Constitutional

CASE: 705/2002

SUBJECT: Judicial review

RAPPORTEUR: Maria Fernanda Palma

RULING: Holds that all the provisions in the Azores Regional Legislative Assembly decree no. 32/2002, on the adaptation to the Region of Law no. 92/95, of 12 September 1995 (as amended by Law no. 19/2002, of 31 July 2002), are unconstitutional.

DOMESTIC LAW:

Portuguese Constitution [Articles 112(4), 227(1)(a), 228, 233(2), 278(2)]

Constitutional Court Act (Articles 57 and ff.)

Law no. 92/95, of 12 September 1995, amended by Law no. 19/2002, of 31 July 2002 [Article 3(3)]

Political-Administrative Statute of the Autonomous Region of the Azores (Article 8)

Constitutional Court, judgment no. 220/92, 16.06.1992

Attorney-General’s Office, opinion on case no. 83/91, 03.04.1993

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Judicial review; bullfighting shows; bullfighting to the death; tradition; Autonomous Region of the Azores; animal protection; bullfighting with “sorte de varas”; expression of popular culture; matters of specific interest for the Region; fundamental principal of a general legal act of the Republic; cultural expressions; bullfighting arenas in the country; regional and local consensus; bullfighting tradition of Angra do Heroísmo and Terceira Island; respect due to animals; expression of the populations’ identity; Angra do Heroísmo and Terceira Island’s culture; races with prodded bulls; factor of the populations’ identity; number of uninterrupted years that indicate the existence of a tradition; exception to the general ban on the use of “sorte de varas”; Azores’ reality; mainland reality; deep-rooted tradition; bullfighting legal regime; ties of solidarity among the Portuguese; Barrancos’ bullfighting tradition; local question; national question; framework of national unity; opening of the Barrancos’ exception; open door to claims from other lands; general rule banning bullfighting to the death; specific problem requiring a particular treatment; relevant local tradition; consolidated and uninterrupted tradition of bullfighting with “sorte de varas”; material and cultural living conditions in the regions; bullfighting tradition which is not specifically Portuguese but instead Iberian; ingrained tradition through a prolonged and uninterrupted practice; existence of a tradition as a factor of cultural identification; traditio; “habits and usages passed down from generation to generation”

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

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Posted inBULLFIGHTING SHOWS JUDICIAL REVIEW AUTONOMOUS REGION OF THE AZORES BULLFIGHTING TO THE DEATH TRADITION
Tags“Habits and Usages Passed Down From Generation to Generation” Opening of the Barrancos' Exception Material and Cultural Living Conditions in The Regions Regional and Local Consensus Races With Prodded Bulls Angra do Heroísmo and Terceira Island's Culture Bullfighting Shows; Exception to the General Ban on the Use of “Sorte de Varas” Existence of a Tradition as a Factor of Cultural Identification Expression of the Populations' Identity Expression of Popular Culture Factor of the Populations' Identity Judicial Review Ties of Solidarity Among the Portuguese Cultural Expressions Matters of Specific Interest for the Region Number of Uninterrupted Years that Indicate the Existence of a Tradition Open Door to Claims From Other Lands Bullfighting Arenas in the Country Fundamental Principal of a General Legal Act of the Republic Specific Problem Requiring a Particular Treatment Animal Protection Framework of National Unity Local Question National Question Azores' Reality Mainland Reality Autonomous Region of the Azores Bullfighting Legal Regime General Rule Banning Bullfighting to the Death Respect Due to Animals Bullfighting With “Sorte de Varas” Bullfighting to the Death Tradition Ingrained Tradition Through a Prolonged And Uninterrupted Practice Consolidated and Uninterrupted Tradition Of Bullfighting With “Sorte de Varas” Deep-Rooted Tradition Relevant Local Tradition Bullfighting Tradition of Angra do Heroísmo and Terceira Island Barrancos' Bullfighting Tradition Bullfighting Tradition Which is Not Specifically Portuguese But Instead Iberian Traditio