Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience

2016 ◽  
pp. 29-69 ◽  
Author(s):  
Luca Mezzetti
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Constitutional Court ◽  
Italian Experience

RESTRICTIONS ON RIGHTS AND FREEDOMS OF A MAN AND A CITIZEN IN THE RUSSIAN FEDERATION AS A MEANS OF DEFENSE OF CONSTITUTIONAL ORDER

2015 ◽  
Vol 10 (6) ◽  
pp. 169-174
Author(s):  
Болотин ◽  
Vladimir Bolotin ◽  
Паньков ◽  
Sergey Pankov
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Order ◽  
Legal Instrument ◽  
European Court ◽  
The Russian Federation ◽  
Constitutional System

In the article the need of reasonable restriction of human rights and freedoms in modern conditions of increase of various threats for the constitutional system of Russia is shown; the results of modern research in this area, as well as the position of the European Court of Human Rights, the Constitutional Court of Russia, Supreme Court of the Russian Federation are revealed. Defined The system of restrictions, acting legal instrument for the protection of the constitutional order, the conditions and criteria for the limitation of rights and freedoms .

scholarly journals Constitutional Preview and Review of International Treaties: France And Indonesia Compared

2019 ◽  
Vol 5 (1) ◽  
pp. 039
Author(s):  
Dewi Nurul Savitri
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Scholarly Literature ◽  
European Court ◽  
National Legal System

The Indonesian Supreme Court and the Indonesian Constitutional Court are experienced in examining international treaties, although the Indonesian constitution and national laws do not stipulate this matter explicitly. The Constitutional Council of France has the authority to examine judicial previews of bills concerning international treaties. Moreover, French judges can examine international treaties. There is also the European Court of Human Rights, which has an important role concerning the control of conventionality. This article aims to promote discussion about the examination of international treaty cases in Indonesia. It begins by considering the international scholarly literature on integrating international treaties and the rank of international treaties in the national legal system. Then, this article discusses the possibility of the Indonesian Constitutional Court to examine judicial preview of international treaty bills and judicial reviews concerning ratified international treaties.

scholarly journals Are inspections conducted by selected administrative bodies compliant with the Constitution of the Slovak Republic and the European Convention on Human Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 70-79
Author(s):  
Lucia Smolková
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Supreme Court ◽  
Slovak Republic ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Related Case ◽  
European Court

This paper analyses the case law of the Slovak Constitutional Court and the Slovak Supreme Court dealing with inspections conducted by selected Slovak administrative bodies – especially by the administrative bodies in the area of foodstuffs administration – where inspected companies complain that their rights guaranteed by the Slovak Constitution and the European Convention on Human Rights, namely the protection of their business premises, have been violated. The paper thus also deals with and analyses the related case law of the European Court of Human Rights and its (non)-application by the Slovak judicial bodies in their decision-making practice.

scholarly journals Expression of opinion through Acts. A brief analysis of the Hungarian Constitutional Courts practice

2021 ◽  
Author(s):  
Szabolcs Stock
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
European Court ◽  
The Right

The aim of the article is to present how one can excercise their freedom of expression through acts. I focus ont the decisions of the Hungarian Constitutional Court, the European Court of Human Rights and the U. S. Supreme court. I analyze these decisions, and compare the fundamental rights that can collide, such as freedom of expression versus the right to property, which one should prevail when they come into collision. I also study how one can decide, whether the act should fall within the protected circle of the freedom of expression, or it should be penalized as a crime, or misdemeanor.

scholarly journals Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

2017 ◽  
Vol 9 (1) ◽  
pp. 98
Author(s):  
Diana Carolina Cañaveral Londoño
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Constitutional Court ◽  
Child Victims ◽  
Human Being ◽  
Level Of Abstraction ◽  
Large Sector ◽  
Comprehensive Manner ◽  
The Individual

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

scholarly journals Cuando Parot llegó a Estrasburgo = When Parot arrived to Strasbourg

2013 ◽  
pp. 579 ◽  
Author(s):  
María Díaz Crego
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Court Case ◽  
Constitutional Court ◽  
European Court ◽  
Supreme Court Case ◽  
Important Extension ◽  
Del Rio

En febrero del año 2006, el TS modificaba la forma de cómputo de la redención de penas por el trabajo, regulada en el ya derogado Código Penal de 1973. Esa modificación tenía consecuencias muy importantes para algunos de los condenados bajo el imperio de ese Código, que vieron cómo se alargaba su tiempo de permanencia en prisión hasta en 15 años. Las relevantes consecuencias derivadas de la aplicación de la llamada «doctrina Parot» llevaron a muchos de los reclusos afectados ante el TC y el TEDH. Sin embargo, los pronunciamientos de estos dos tribunales han sido divergentes: si bien el TC ha estimado muy pocos de los recursos de amparo interpuestos, el TEDH parece haber rechazado de forma frontal la doctrina introducida por el TS. En este marco, el presente trabajo analiza las decisiones de estos dos tribunales y trata de determinar cómo deben actuar las autoridades españolas tras la condena a España en el caso Del Río Prada, a fin de resolver el problema de fondo planteado por la aplicación de la doctrina Parot a una gran cantidad de reclusos.In February 2006, the Spanish Supreme Court modified its case-law regarding some provisions of the abrogated Criminal Code of 1973 that allowed the early release of prisoners if they worked while serving their sentence and they demonstrated good conduct. This change in the Spanish Supreme Court case-law had relevant consequences for some convicted prisoners as it meant an important extension of imprisonment years. Many of the prisoners affected by this new case-law appealed against the decisions extending their time in prison before the Spanish Constitutional Court and, after that, before the European Court of Human Rights. In this context, the main aim of this paper is to analyse the decisions adopted by these Courts while reviewing the Spanish Supreme Court case law, and to determine what the Spanish authorities must do after the European Court decision in «Del Río Prada», the sole case in which the European Court has examined the Spanish Supreme Court case-law.

scholarly journals Interested privies as participants of constitutional court proceedings: prospects of using foreign experience in Russian legislation

2018 ◽  
Vol 2 (1) ◽  
pp. 123-132
Author(s):  
Anna V. Nikitina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Foreign Experience ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Constitutional Legitimacy

Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.

scholarly journals Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

2017 ◽  
Vol 3 (4) ◽  
pp. 98
Author(s):  
Diana Carolina Cañaveral Londoño
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Constitutional Court ◽  
Child Victims ◽  
Human Being ◽  
Level Of Abstraction ◽  
Large Sector ◽  
Comprehensive Manner ◽  
The Individual

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

scholarly journals СУДОВИЙ ПРЕЦЕДЕНТ ЯК ДЖЕРЕЛО КРИМІНАЛЬНОГО ПРАВА УКРАЇНИ

2019 ◽  
Vol 14 ◽  
pp. 254-262
Author(s):  
Н. А. Орловська
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Criminal Law ◽  
Constitutional Court ◽  
European Court

Статтю присвячено питанню щодо судового прецеденту як джерела кримінального пра­ва. Акцентовано увагу на рішеннях Конституційного Суду України, Європейського суду з прав людини. Верховного Суду України.   The article is devoted to judicial precedent as a criminal law source problem. The attention to the Constitutional Court ot Ukraine, European Court ot Human Rights and Supreme Court of Ukraine decisions is accented.

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