Art. 36 Constitution de la République et Canton de Neuchâtel (Cst. NE), du 24 septembre 2000 - Intégration des personnes handicapées

CDP.2023.197 · ne (Art. 36 al. 1 Cst. féd.)

Demonstration Route Modification Upheld as Proportionate Restriction

Mentioned in the reasoning regarding the requirement for a legal basis for any restriction of fundamental rights, which is then implicitly addressed by the court's finding that Art. 39 al. 3 of the local police regulation provided sufficient basis for the limitation.

CDP.2023.197 · ne (Art. 36 al. 2 Cst. féd.)

Demonstration Route Modification Upheld as Proportionate Restriction

Mentioned when discussing whether the restriction was justified by public interests or protection of third-party fundamental rights.

CDP.2023.197 · ne (Art. 36 al. 3 Cst. féd.)

Demonstration Route Modification Upheld as Proportionate Restriction

Mentioned in the framework for examining the principle of proportionality (appropriateness, necessity, reasonableness).

CDP.2024.30 · ne (Art. 36 al. 1 à 3 Cst. féd.)

Police Data Retention Post-Dismissal for Security Licensing Assessment

Cited as the constitutional basis for balancing the restriction of personality rights (proportionality).

CDP.2024.31 · ne (Art. 36 al. 1 à 3 Cst. féd.)

Municipality's Preemption Over Protected Property Annulled Due to Insufficient Justification of Public Interest

Cited generally in the reasoning regarding the requirements for restricting property rights, but not explicitly in the dispositive orders.

CDP.2024.36 · ne (art. 36 Cst. féd.)

Company Bathroom Clock-In Requirement Annulled

Cited in the reasoning regarding the conditions for restricting fundamental rights.

ARMP.2024.36 · ne (art. 36 al. 3 Cst. féd.)

Extension of Precautionary Penal Substitution Measures for Harassment

Cited in the reasoning regarding the principle of proportionality for fundamental rights restrictions.

ARMP.2022.19 · ne (Art. 36 al. 3 Cst. féd.)

Appellant Detention Justified by Flight Risk and Recidivism Despite Victim Withdrawal

Cited in the reasoning (5.4 b) regarding the proportionality principle, which underpins the analysis leading to the rejection of the appeal in order 1.

CMPEA.2021.45 · ne (art. 36 Cst. féd.)

Mandatory Schizophrenia Treatment Duration Review

Cited in the reasoning as the constitutional basis for proportionality and subsidiarity principles applicable to measures infringing fundamental rights.

ARMP.2020.163 · ne (Art. 36 al. 3 Cst. féd.)

Pre-Trial Detention for Non-Compliance and Risk of Reoffending

Cited in relation to the principle of proportionality, underpinning the need to examine less harmful alternatives (substitution measures).

ARMP.2020.157 · ne (Art. 36 Cst.)

Appellant Detention Extension Upheld in Burglary and Prior Breach of Trust Case

Cited to reinforce the proportionality principle when considering substitution measures.

ARMP.2020.135 · ne (Art. 36 al. 3 Cst.)

Pre-Trial Detention Upheld for Drug Trafficking and Aiding Illegal Stays Due to Flight Risk and Collusion Concerns

Cited in conjunction with the principle of proportionality when examining substitute measures.

CDP.2018.359 · ne (Art. 36 Cst. féd.)

Property Co-owners v. Local Development Plan Reclassification Based on Heritage Protection

Cited alongside Art. 26 Cst. féd. as the constitutional basis for reviewing the proportionality of the planning measure.

CDP.2018.40 · ne (art. 36 Cst. féd.)

Property Owner v. State Council Regarding Building Permit Denial in Water Protection Zone

Mentioned in the reasoning concerning the proportionality of the restriction on property rights, but not cited in the dispositive.

ARMP.2018.65 · ne (Art. 36 al. 3 Cst. féd.)

Appeal of Pretrial Detention Extension for Burglary Suspect

This constitutional article enshrining the principle of proportionality was cited when examining less damaging solutions than detention.