Loosely Relational Constitutional Rights

2020 ◽  
Author(s):  
Tom Kohavi
Keyword(s):  
Social Justice ◽  
Constitutional Rights ◽  
Legal Systems ◽  
Legal Norms ◽  
Collective Commitment ◽  
The Right

Abstract This article attends to claims that the expansionist trend in modern constitutional practices resulted in the recognition of many norms that are not real rights: they fail to guide and constrain duty-bearers and empower and protect right-holders because they are too abstract and can be limited too regularly. It claims that many constitutional rights are, indeed, ‘loosely relational’: the correlation between them and duties is flexible and affected by considerations external to the direct relations between the right-holder and the duty-bearer. However, it adds that, the assumption that rights must be ‘strictly relational’ for them to exhibit the robust normativity that gives rights their force and value is incorrect. This is important because loosely relational constitutional rights confer this robust normativity on consequentialist standards for the evaluation of legal norms and activities: a fundamental role constitutional rights play in modern liberal legal systems, reflecting a collective commitment to the realisation of social justice.

scholarly journals ANALISIS YURIDIS PERAN PEMERINTAH ACEH DALAM PELATIHAN TENAGA KERJA

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Muhibuddin M ◽  
Nasrianti N
Keyword(s):  
Social Justice ◽  
Organizational Structure ◽  
Research Methods ◽  
Research Method ◽  
Decent Work ◽  
Legal Norms ◽  
Right To Work ◽  
The Government ◽  
The Right

Manpower development contained in the 1945 Constitution Article 27 paragraph (2),    that every citizen has the right to work and a decent living for humanity. The Aceh Government implements Article 174 paragraph (5), and Article 175 paragraph (4) of Law Number 11 Year 2006 concerning the Government of Aceh, therefore issued Qanun Number 7 of 2014 concerning Manpower and the Regulation of the Governor of Aceh Number 112 of 2016 concerning Position, Organizational Structure, Duties, Functions and Work Procedures of the Office of Manpower and Mobility of the Aceh Population. The method used in this study is a normative juridical research method that is qualitative in nature, namely research methods that refer to legal norms contained in legislation. In this study the use is referring to legal sources, namely research that refers to legal norms contained in legal instruments. Conclusion, provisions of Article 175 of Law No. 11 of 2006 concerning the Government of Aceh, that every worker has the same right to get decent work in Aceh. So the role of the Aceh Government in improving the direction of life of its people is very important in employment for the implementation of social justice in labor life.

Liberalism Justified

2019 ◽  
pp. 199-219
Author(s):  
Kevin Vallier
Keyword(s):  
Social Justice ◽  
Social Trust ◽  
Sufficient Reason ◽  
Constitutional Rights ◽  
Veil Of Ignorance ◽  
Legal Rules ◽  
International Rights ◽  
Liberal Rights ◽  
The Right ◽  
Procedural Rights

This chapter argues that only broadly liberal institutions can be publicly justified. Some citizens will have sufficient reason to reject nonliberal rights schemas, as well as the constitutional and legal rules that institutionalize those schemas. But because liberal constitutional rights can be publicly justified to a diverse public, these liberal rights can sustain social trust in the right way. Thus, a society that protects liberal rights establishes moral peace and a politics that is not war. This chapter uses a thin veil of ignorance to locate specific classes of publicly justified primary rights. These rights fall into five classes: rights of agency, associational rights, jurisdictional rights, procedural rights, and international rights. The chapter ends by developing an associated conception of social justice and explains how rights should be built into a publicly justified constitution.

scholarly journals Law-Making Activity in the Case Law of the Constitutional Court of Ukraine

2019 ◽  
Vol 19 (2) ◽  
pp. 27-75
Author(s):  
Kristina Trykhlib
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Discretionary Power ◽  
Wide Margin ◽  
Legal Norms ◽  
Margin Of Appreciation ◽  
Legal Position ◽  
The Right ◽  
Law Making

Summary The aim of this paper is to reveal and examine law-making elements in the jurisprudence of the Constitutional Court of Ukraine. It should be noted that the Constitutional Court has no direct powers to establish new legal norms under national legislation. However, in the process of constitutional interpretation, the case law of the Court demonstrates de facto the presence of law-making activity, that leads to the extension of its discretionary power on the formation of law. The paper will focus on the analysis of the practice of the Constitutional Court of Ukraine with regard to the ‘creative interpretation’ of law. A review of selected case law leads to a conclusion that the Constitutional Court often uses the dynamic interpretation of the Constitution. Moreover, the Court may change its own legal position in order to protect constitutional rights. Thus, the Constitutional Court of Ukraine has the right to ‘develop’ the law through evolutive interpretation of the Constitution. It can also be concluded that the Constitutional Court enjoys a wide ‘margin of appreciation’ in its interpreting of the Constitution.

On the Use of Unmanned Aerial Vehicles by Voluntary National Squads

2020 ◽  
pp. 97-102
Author(s):  
A. V. Khromov
Keyword(s):  
Unmanned Aerial Vehicles ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Order ◽  
Technical Equipment ◽  
Constitutional Rights ◽  
Legal Norms ◽  
Aerial Vehicles ◽  
The Russian Federation ◽  
The Right

In the article, the author considered the possibility of using unmanned aerial vehicles in the activities of a voluntary people’s squad during the protection of public order in the Russian Federation, the possibility of identifying violations and transmitting evidence obtained using unmanned aerial vehicles. The author found that the administrative-legal norms for the use of unmanned aerial vehicles by the people’s squad during the protection of public order in the Russian Federation have not been established, and therefore, in the opinion of the author, it is necessary to supplement the norms of civil law with the right to use technical equipment by people’s squads to protect public order. The author believes that the use of such means as an unmanned aerial vehicle would be justified, especially during mass events to ensure safety. The author believes that the urgent task in developing the legal regulation of the use of unmanned aerial vehicles by the national squad is to establish a balance in the administrative legal regulation of the use of unmanned aerial vehicles in order to optimally compromise the observance of the constitutional rights of citizens to privacy and public duty to protect public order.

scholarly journals Bezpośredni skutek „dyrektywy obrończej” w polskim procesie karnym

2021 ◽  
Vol 29 (3) ◽  
pp. 23-50
Author(s):  
Kacper Oleksy
Keyword(s):  
Direct Effect ◽  
Criminal Procedure ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Polish Code ◽  
The Right ◽  
Right Of Access ◽  
Union Directive

As of 27 November 2017 the deadline passed by which the European Union Directive 2013/48/EU on the right of access to a lawyer should have been implemented by the Member States in their respective legal systems. Poland completed the said responsibility only ostensibly, for no legal norms which regulate the standard of the right to formal defence contained in Polish Code of Criminal Procedure have been amended. This very situation makes it necessary to consider whether the norms of the directive in question may cause the so-called direct effect in Poland’s domestic legal system, particularly: whether prosecuted individuals may directly invoke the directive in order to, based on its content, seek the assistance of a lawyer in the course of criminal proceedings. Therefore, it stands to reason that, at least in relation to some of the competences envisioned in the directive, such eventuality exists, whereas in remainder of the cases the judicial bodies are obliged to interpret the respective norms of the Code of Criminal Procedure in pro-EU manner, thereby elevating the standard of right to formal defence present in Polish criminal proceedings. Nonetheless, the real transposition of this directive should be postulated, since invoking its direct effect cannot exempt a Member State from implementing it in accordance with EU treaties as a way to harmonize domestic legal systems.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 1 (2) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

scholarly journals CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF PENSION PROVISIONS OF PERSONS DISMISSED FROM MILITARY SERVICE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Tatiana P. Makarova ◽  
Keyword(s):  
Military Service ◽  
Social Protection ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Administrative Services ◽  
Normative Documents ◽  
Legal Norms ◽  
Current State ◽  
The Right

This article is devoted to the study of the current state of administrative and legal regulation of pensions of persons discharged from military service. The analysis of acts of the legislation of Ukraine, which regulate administrative and legal relations in the field of pension provision of the persons discharged from military service, in particular appointment and recalculation of pensions is carried out. The organizational and legal mechanism for ensuring and fulfilling Ukraine�s obligations regarding the constitutional rights to pensions of persons discharged from military service, as well as ways to improve it, is revealed. Problematic issues that arise in persons discharged from military service when applying to the competent authorities for the issuance of certificates confirming the right to a pension, and which confirm the right to recalculation of pensions. Problems when such persons apply to the bodies of the Pension Fund of Ukraine with applications for appointment and/or recalculation of pensions are also analysed. The causes of problems for persons discharged from military service regarding the appointment and/or recalculation of pensions are being studied, provided that a large number of normative documents are adopted by the state to regulate these issues. The urgency of the study lies in the need to regulate national legislation in the field of implementation of constitutional rights to pensions of persons discharged from military service in accordance with the concept of administrative and legal reform in Ukraine. This study substantiates the need to create and adopt a codified act � the Pension Code of Ukraine, which will promote the effectiveness of administrative and legal norms in the field of social protection of persons, including persons discharged from military service. The following editions were made during the writing of the articles. Public administration in the field of social and pension provision provides for the implementation of administrative procedures through open public activities, the use of clear legal instruments of democratic governance, streamlining public activities and providing administrative services to citizens to help realize their rights and freedoms. The norms formed within the framework of administrative law within the framework of the greatest development of the state-centric approach today play the role of a synergizing catalyst for the formalization of legal norms in various socio-economic spheres. The emergence of a new system of Ukrainian law on the division in accordance with the use, as a science, areas of law and practical law enforcement activities is now fully consistent with modern realities.

The Case for Muslim Constitutional Interpretive Activity

1990 ◽  
Vol 7 (1) ◽  
pp. 69-75
Author(s):  
Kathleen Moore
Keyword(s):  
African American ◽  
Substantial Contribution ◽  
Constitutional Rights ◽  
Religious Groups ◽  
Racial Hatred ◽  
Special Diet ◽  
Court Record ◽  
Religious Associations ◽  
Islamic Faith ◽  
The Right

Muslim Involvement: The Court Record 1.Prisoners' RightsCan we rely upon the courts to protect Islam and Muslims from discriminatory treatment? Have the courts considered Islam to be a 'religion' worthy of constitutional protection? The issue of First Amendment protection of Muslim beliefs and practices has arisen most often in cases brought by African-American Muslims who are incarcerated. In fact, the area of law to which Muslims have made their most substantial contribution to date is the area of prisoners' rights litigation. African-American Muslim inmates have been responsible for establishing prisoners' constitutional rights to worship. Cases brought by Muslims have established that prisoners have the right to assemble for religious services; to consult a cleric of their faith; to possess religious publications and to subscribe to religious literature; to wear unobstrusive religious symbols such as medallions; to have prepared a special diet required by their religion; and to correspond with their spiritual leaders. The court record demonstrates that Muslim inmates' religious liberty claims, challenging prison regulations that impinge on the free exercise of the Islamic faith, have been accepted only under certain circumstances. In brief, the responsiveness of the courts to Muslim inmates' claims has turned on a number of factors including: (1) the issue of equality of treatment of all religious groups in prison; (2) the courts' reticence to reverse the decisions of prison officials; (3) the degree to which the inmates' challenges would undermine the fundamental interests of the state (e.g. in prison security and administrative efficiency); and (4) the showing that Islam is parallel in significant ways to the conventional Protestant, Catholic, and Jewish faiths.Constitutional protection of Islamic practices in prison and elsewhere, however, has not been automatic. Many Muslim organizations, the Nation of Islam in particular, have been treated as cults, or suspect and dangerous groups, due in part to the perception that Muslims teach racial hatred, and have not been regarded in the same respect as 'mainline' religious groups. It has been argued before the courts that Muslim doctrine contains political aspirations and economic goals as well as racial prejudice and should be suppressed in the interest of society. The gist of this argument is that certain Muslim groups are primarily political and not religious associations and thus ...

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