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But new procedural principles are retroactive only if they are, as the Supreme Court put it, "watershed rules" that both "alter our understanding of the bedrock procedural elements" and "without which the likelihood of an accurate conviction is seriously diminished".
The court invoked procedural principles to rule that Michael Newdow could not challenge the use of the words "under God" in the recitation of the Pledge of Allegiance at his daughter's school.
Sotomayor's opinion united two sometimes conflicting strands of her jurisprudence — an aversion to going beyond the issues at hand and a concern about the effects of laws on people — citing dry procedural principles to reach a compassionate conclusion.
These are well-established procedural principles of SD3 and by far the most cited SD procedural principles recognized in the NRM field (see for example Gregersen et al. 2007; Sawhney et al. 2007; Henriksen et al. 2009).
In addition to participation and integration, the procedural principles identified are: the principles of polluter pays, precaution, and a strategic and long-term approach.
Effectiveness is evaluated by Sadler using three generic criteria: procedural (to meet accepted principles and provisions), substantive (to achieve established purposes and objectives), and transactive (to determine the extent to which the procedural principles deliver the substantive objectives at the least cost and in the minimum time possible).
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Depending on which procedural principle one adopts, contrary answers are forthcoming.
While more materially concrete, ethical approaches, as described in the next section below, are concerned with distributive criteria; the presumption of equality, in contrast, is a formal, procedural principle of construction located on a higher formal and argumentative level.
While the argument that a sustainable procedure always brings a sustainable state needs to be proven, procedures that do not meet the procedural SD principles have no place in sustainable development.
The framework is based on the procedural SD principles of participation and integration.
"One of the aims is to move forward with the procedural aspects and principles on removal of illegal content — notice and action — based on transparency and protecting the fundamental rights," it adds.
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