CONSTITUTIONAL DEVELOPMENTS AND HUMAN RIGHTS IN FRANCE: ONE STEP FORWARD, TWO STEPS BACK

2011 ◽  
Vol 60 (1) ◽  
pp. 167-188 ◽  
Author(s):  
Myriam Hunter-Henin
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
Constitutional Principle ◽  
One Step ◽  
New Form

A major constitutional reform has occurred in France. On 1 March 2010, by virtue of the Constitutional Act of 10 December 20091 (itself pursuant to the constitutional reform of 23 July 2008)2 a new form of constitutional review came into force,3 with the blessing of the Conseil constitutionnel (the Constitutional council).4 The changes are considerable: the role of the Conseil constitutionnel has undergone a revolution which will have implications for ordinary courts as well as for citizens' rights. Arguably, the reform transforms the Conseil constitutionnel—so far a council with limited powers of review—into a true Constitutional court, and as discussed below, opens up constitutional issues in ordinary litigation, enhancing the protection of citizens' human rights. Owing to the reform, ‘Constitutional rights and liberties guaranteed by the Constitution’ can now be invoked against legislation in the course of litigation. This is a true revolution in France because, up until now, no individual was allowed to invoke the jurisdiction of the Conseil constitutionnel,5 nor were they authorized to invoke a constitutional principle in litigation, as this would have been asking ordinary judges to assess a piece of legislation against the Constitution, a task which exclusively belongs to the Conseil constitutionnel.6 Constitutional rights and liberties will now (as is further discussed below) play a key part in ordinary litigation.

Some Reflections on the Constitutional Review in Albania in a Comparison Key

2021 ◽  
Vol 12 (2) ◽  
pp. 22
Author(s):  
Ismail Tafani ◽  
Renata Tokrri
Keyword(s):  
Balkan Peninsula ◽  
Point Of View ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Review ◽  
The World ◽  
Constitutional Legitimacy ◽  
Formal Point ◽  
Constitutional Revision

In this study we will try to analyze the foundations of the Constitution as a pillar and as a guarantee for its solidity. The study will also address the need for revision of the constitution as a fundamental element of its existence and continuity. Particular emphasis will be given to the comparison of the constitutions of the most important countries in the world as regards the procedures and limits to the constitutional revision. In this sense, the constitutions of some Balkan Peninsula countries will be analyzed to draw a comparison and analyze the Albanian Constitution as regards the procedure for its revision. The study intends to analyze the procedures for the revision of the Constitution as well as the explicit and implicit limits to these revisions. In the Constitutional revision in Albania in 2016, the role of the Constitutional Court on the control of the constitutional legitimacy of constitutional revision laws was clarified. Formal constitutionality is usually emphasized since the Albanian constitutional reform underlined that the Constitutional Court in Albania could express itself on the constitutionality of the Constitutional revision law only from a formal point of view.   Received: 2 January 2021 / Accepted: 27 February 2021 / Published: 7 March 2021

scholarly journals Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 1003
Author(s):  
Tafta Aji Prihandono ◽  
Sri Kusriyah Kusriyah ◽  
Widayati Widayati
Keyword(s):  
Human Rights ◽  
The State ◽  
Historical Change ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Dynamic Aspect ◽  
State Law ◽  
The Republic ◽  
The Government

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.Keywords: Awareness; Constitutional Rights; Form of Protection.

scholarly journals PERAN MAHKAMAH KONSTITUSI DALAM MENJAMIN HAK KONSTITUSIONAL WARGA NEGARA PADA PROSES DEMOKRATISASI DI INDONESIA

2009 ◽  
Vol 39 (4) ◽  
pp. 437
Author(s):  
Mutiara Hikmah
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Judicial Authority ◽  
Normative Messages

AbstrakThe Constitutional Court as the judicial authority is responsible for maintaining the constitution directly and participates in strengthening the rights of human rights. This is drawn directly from the nature of the understanding that the constitution itself as a political document that protects the rights of human rights of every citizen and people who live in the country. This began the constitutional functions of the most essential are the first, limiting the powers contained in the constitutional scheme of a nation, and second, to formulate protection constitutional rights of the citizens and the rights of human as a whole. That is why the role of the Constitutional Court directly correlated with the significance of the role of enforcement agencies of human rights in terms of "norms control". Embodiment of constitutional and judicial review is examining through compliance with the norms of the constitution messages that cannot be separated from the ·universality of normative messages of human rights.

scholarly journals Application of the Constitution of Ukraine in the implementation of justice: basic principles

2020 ◽  
pp. 19-36
Author(s):  
Albert Ezerov
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Direct Action ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Politics ◽  
Constitutional Review ◽  
Direct Operation ◽  
Constitutional System

The article focuses attention on the fact that the phenomenon of the Constitution is not limited to the constitutional text, since the Constitution, first of all, is a system of basic values designed to limit any manifestations of arbitrariness of public authority to ensure human rights. At the same time, it is noted that the «tangible» for the constitutional system exactly is the embodiment of the material Constitution as a text and a system of legal requirements in lawmaking and law enforcement, which directly depends on the subjects of law «users» of the Constitution. It is noted that the application by the courts of the Constitution as an act of direct action allows filling in the gaps and eliminating other defects in the legislation, is one of the dimensions the embodiment of the supremacy of the Constitution of Ukraine in the law application. It has also been established that the provisions of Article 8 of the Constitution, according to which its norms are direct action norms, and an appeal to the court to protect the constitutional rights and freedoms of a person and a citizen directly on the basis of the Constitution of Ukraine are guaranteed in a systematic connection with Article 150 of the Constitution according to that powers the Constitutional Court of Ukraine refers to the resolution of issues of compliance with the Constitution of Ukraine (constitutionality) of laws and other legal acts, cannot restrict courts in competence of direct application of the Constitution and solution to the issue of compliance with any other regulatory acts, that should be applied in a specific case. It has been proved that one of the mechanisms for ensuring the direct operation of the norms of the Constitution is the review of court decisions in view of exceptional circumstances, which is one of the manifestations of the «responsibility» of the state and responsible public administration, since in this way the state fulfills its the duty to restore of human rights as a consequence violation due adopting an act that has the subject of judicial constitutional review and recognized as unconstitutional. It is summarized that the Constitution will be real only with the active position of the courts on the application of its provisions in resolving disputes, and the courts will occupy a prominent place in the system of separation of powers, only if the Constitution will be basis of judicial decisions. Key words: courts of the judicial system, Constitution of Ukraine, implementation of justice, constitutional politics, constitutional conflicts, generic principles, application of constitutional norms, human dignity, constitutional values.

Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein

2021 ◽  
Vol 10 (1) ◽  
pp. 175-185
Author(s):  
WOJCIECH SADURSKI
Keyword(s):  
Human Rights ◽  
Public Reason ◽  
Constitutional Court ◽  
Legal Systems ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Short Comment

AbstractThis short comment offers two additional arguments, missing from Geir Ulfstein’s account, which may bolster the case for constitutionalisation of the ECtHR. The first is about the ‘pilot judgments’ through which the Court addresses systemic deficits in national legal systems and thus ensures a minimal synchronisation of human rights protection throughout the CoE system. The second manifestation of constitutionalisation of the ECHR system is the increasing role of the ECtHR in the implementation of its own judgments. Ultimately, the legitimacy for the constitutional ambitions of Strasbourg Court should be located primarily in the argumentative resources of the court and in its pursuit of ‘public reason’.

Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

2013 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
The Political ◽  
Coalition Government ◽  
Bill Of Rights ◽  
Conservative Government ◽  
European Court ◽  
Human Rights Act ◽  
Advisory Role

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.

The Role of Information Security and Cryptography in Digital Democracy

2015 ◽  
pp. 1564-1580
Author(s):  
Theodosios Tsiakis
Keyword(s):  
Human Rights ◽  
Information Security ◽  
Information Society ◽  
Communication Systems ◽  
Security And Privacy ◽  
Constitutional Rights ◽  
Critical Question ◽  
Role Of Government ◽  
Wrong Thing

The preponderant dilemma organisations confront currently is which way to homologate and superintend access for a broad mass of services and products and in parallel to preserve security and privacy. Information technology is rapidly changing, is inherently complex, and complexity kills security. There is an ongoing technical race to maintain security that does not take into account the human factors. The new technological infrastructure affects the degree of anonymity and confidentiality in mass-market computer-based systems and basically determines the evolution of democratic-political culture. Thus, in examining the issue of security, cryptography, privacy in the use of computers and Internet, forms the primary interest form the moral side of view, about what is the right and wrong thing to do, rather than in a legal frame, about what is legal and illegal. Security and privacy are not ethical or moral issues. They are fundamental human rights. In this societal change, the challenges of the information society are many but foremost is the protection of human rights. Addressing the critical question of how technological trends are both helping and hindering the advancement of human rights is essential in the specific digital environment. The democratic key concept is the efficient use of digital resources. We do not only need a culture of security (information), we further need to ensure the security of cultures, meaning that everyone should be able to freely exercise their constitutional rights. The role of this chapter is to bring to the surface the rights (human) implications of ICT and the information society. It enlightens the technical community, which designs, implements, and secures information and communication systems, with an understanding of human rights principles and foundational underpinnings. It highlights the role of government implications, identifies the role and relationship between the stakeholders, and indicates the balance between information security and freedom in order to understand that security, freedom, and rights (human), are not opposite concepts but coexist and progress in parallel.

No-Spouse Employment and the Problem of the Constitutional Court of Indonesia

2020 ◽  
Vol 11 (1) ◽  
pp. 214
Author(s):  
I. Gede YUSA ◽  
Bagus HERMANTO ◽  
Nyoman Mas ARYANI
Keyword(s):  
Human Rights ◽  
Comparative Studies ◽  
Constitutional Court ◽  
Employment Policy ◽  
New Paradigm ◽  
Conceptual Approach ◽  
Worker Rights ◽  
The One

The role of Constitutional Court as the protector of human rights related with the effort to guarantee the human rights also the worker’s rights with their decision. The decision in this study related with constitutionality of no-spouse employment norms. This study aims to examine the constitutionality aspects related with no-spouse employment policy related with human rightsor worker rights. This study is using statutory approach, conceptual approach and comparative studies concerning no-spouse employment policy. The results show that no-spouse employment policy is contrary with the Constitution and human rights legal instruments. Moreover, there is problem concerning the Decision of the Constitutional Court of Indonesia on the one hand is final and binding but non-executable automatically. This study to encourage the new paradigm to ensure the execution of the Decision of the Constitutional Court of Indonesia, in this context related with decision on the constitutionality no-spouse employment norms.  

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