POL SCI 123S Chapter 10: PS123S SAS v. France Judgment and Dissent Reading
18 Mar 2018
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Judgment of majority (recall legitimate aim is the preservation of the conditions of living together as an element of the protection of rights and freedoms of others; legitimate aim of public safety not proportionate) Not necessary for public safety (blanket ban too broad), but necessary to guarantee conditions of living together. Note that freedom to wear anything in public that does not conceal the face. Sanctions for the law"s violation is the lightest possible. State protecting a principle of interaction, essential for tolerance and broadmindedness required in a democratic society (whether ban or not is choice of society) Court has a duty of restraint and duty to give domestic policy maker extra weight > margin of appreciation (little common ground in europe) So no violation of article 8 or 9. No violation of article 14 because despite negative effects on muslim women, the measure has an objective and reasonable justification.
