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LOCAL REFERENDUM | TRADITIONAL BULLFIGHTS OF BARRANCOS | BULLFIGHTING TO THE DEATH | CRACK IN THE LEGAL SYSTEM

 

Constitutional Court, judgment no. 93/00, 15.02.2000

 

JURISDICTION: Constitutional

CASE: 17/2000

SUBJECT: Judicial review of proposal for local referendum

RAPPORTEUR: Bravo Serra

RULING: Rejects the legality of the questions included in the proposal for a local referendum on the traditional bullfights of Barrancos, approved by deliberation of the Barrancos’ Municipal Assembly of 7 January 2000.

DOMESTIC LAW:

Portuguese Constitution [Articles 3, 115(6), 235(2), 240(1), 266(2)]

Law no. 49/90, of 24 August 1990 [Articles 1, 2, 3(1), 6, 7(1), 8(a), 9(1), 10, 11, 12(2)]

Law no. 159/99, of 14 September 1999 [Articles 13(1)(e), 21(2)(a)]

Law no. 13/85, of 6 July 1985 [Articles 2(2), 3]

Law no. 169/99, of 18 September 1999 [Article 64(4)(b)]

Law no. 43/90, of 10 August 1990

Law no. 6/93, of 1 March 1993

Decree-Law no. 100/84, of 29 March 1984 [Article 2(1)]

Constitutional Court, judgment no. 398/99, 23.06.1999

Constitutional Court, judgment no. 288/98, 17.04.1998

Constitutional Court, judgment no. 531/98, 29.07.1998

Decree no. 15.355, of 11 April 1928 (Article 1)

Order no. 2.700, of 6 April 1921

INTERNATIONAL LAW:

Treaty on European Union (Article 151; Protocol no. 33)

FOREIGN LAW: n.a.

KEYWORDS: Local referendum; traditional bullfights of Barrancos; bullfighting to the death; crack in the legal system; heritage; culture; local authorities; cultural heritage of the Portuguese people; media outlets; so-called “bullfights”; so-called “sorte de morte”; fact of general knowledge; events ingrained, as material and as intangible values, in the traditions and customs of the Barrancos population; expressions of a cultural identity of that segment of the Portuguese people; mere tradition; specific culture; Barrancos community; regional and national diversity; common cultural heritage; diversity of cultures; animals’ well-being; Member-States customs; religious rites; cultural traditions; regional heritage; local custom; source of law; usages and customs; attitude of tolerance

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

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Posted inLOCAL REFERENDUM CRACK IN THE LEGAL SYSTEM TRADITIONAL BULLFIGHTS OF BARRANCOS BULLFIGHTING TO THE DEATH
TagsLocal Authorities Animals' Well-Being; Barrancos Community Local Referendum Local Custom Member-States Customs Culture Specific Culture So-Called “Sorte de Morte” So-Called “Bullfights” Diversity of Cultures Regional and National Diversity Events Ingrained as Material and as Intangible Values in the Traditions and Customs of the Barrancos Population Fact of General Knowledge Source of Law Crack in the Legal System Expressions of a Cultural Identity of That Segment of the Portuguese People Mere Tradition Media Outlets Heritage Common Cultural Heritage Cultural Heritage of the Portuguese People Regional Heritage Attitude of Tolerance Religious Rites Traditional Bullfights of Barrancos Bullfighting to the Death Cultural Traditions Usages and Customs