scholarly journals Obowiązująca Konstytucja Naddniestrzańskiej Republiki Mołdawskiej z 1995 r.

2019 ◽  
Author(s):  
Viktoriya Serzhanova
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Status ◽  
Autonomous Region ◽  
Basic Law ◽  
Form Of Government ◽  
The Republic ◽  
Constitutional System ◽  
Present Text

In 1990 the Pridnestrovian Moldavian Republic seceded from Moldavia which was then a part of the USSR. Since that time the legal status of the region has remained unclear and not fully explicit. Today, despite the fact that a quarter of the century has passed since its creation, the Republic remains a de facto state, as it has not been recognised by the international community. Under international law, Transnistria is treated as a Moldavian autonomous region having a special status. From the perspective of the theory of state and constitutional law it undoubtedly possesses all the attributes of statehood. This paper is a consecutive publication of the series of papers constituting a wider research into Transnistria’s legal status. It aims at analysing its binding basic law and the assumptions of its constitutional system. It particularly characterizes the shape and makes exegesis of the content of the independent Transnistria’s constitution of 1995, which has been revised several times and is still in force. The further parts of the article have been dedicated to (i) the origin of the fi rst Constitution of independent Transnistria of 1991, which was in force for only four years; (ii) the adoption and development of the presently binding Constitution of 1995; (iii) the general and detailed systematics of this act; and (iv) the constitutional solutions implemented in its present text edition. First and foremost the results of this research contribute to the determination of the present assumptions of Transnistria’s constitutional system, its catalogue of fundamental principles, human rights and freedoms, the system of the supreme state authorities and the form of government. Moreover, it enables to estimate the eff ectiveness of Transnistria’s constitutional mechanisms in their practical functioning. Thus it allows to determine the region’s legal status more precisely.

The 1991 constitution of independent Transnistria

2018 ◽  
pp. 132-146
Author(s):  
Viktoria Serzhanova
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
The Political ◽  
Autonomous Region ◽  
Political Reality ◽  
Basic Law ◽  
The Subject ◽  
The One

The legal status of the Pridnestrovian Moldavian Republic, which declared its independence in 1990, since that time has unchangingly remained ambiguous. The state has factually existed for almost thirty years so far, although it has not hitherto been recognised by any member of the international community. Its status from the constitutional law viewpoint is contradictory to the one analysed in the light of the international law, according to which Transnistria still formally remains a Moldavian autonomous region of a special status. This paper, being a part of the wider research carried out over Transnistria’s legal status, aims at establishing its primary political system’s grounds. Therefore, it comprises the analysis of the origin and development of Transnistrian first independent basic law, which appeared to be the foundation of the abovementioned solutions. The paper undertakes an attempt to not only analyse, but also evaluate the political system’s primary principles and development of Transnistria as a newly created state in the first years of its functioning. The subject of the work is particularly focused on the shape and content of the first constitution of Transnistria of 1991, which bound during the first four years of the state’s independence till the presently binding constitution of 1995 entered into force, along with observing of how its functioning in practice shaped the constitutional and political reality.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

Striking a Balance between Free Association and Regulating Membership of a ‘Community’: Exploring s 235 of the Constitution of South Africa

2021 ◽  
Vol 28 (1) ◽  
pp. 91-116
Author(s):  
Bertus De Villiers
Keyword(s):  
South Africa ◽  
International Law ◽  
Judicial Review ◽  
Constitutional Law ◽  
Free Association ◽  
Self Determination ◽  
Freedom Of Association ◽  
Essential Question ◽  
Universal Standard

Section 235 of the Constitution of South Africa contains a promise of potential self-determination of language and cultural communities. An essential question arising from this promise is how an individual’s freedom of association interacts with the ability of a community to determine its membership. This article reflects on this question with reference to standards developed in international law and practices in the constitutional law of selected case studies. Whereas international law sets a universal standard of free association, states have developed practices whereby the individual’s right to free association is recognised, but where there are also some measures allowed to ensure that an individual is indeed accepted by and part of the community. Any conflicts that arise are, generally speaking, subject to a form of judicial review.

Asymmetry and (Dis)accommodation of Minority Nations in a Complex Constitutional Framework: Catalonia, the Basque Country and other Autonomous Regions within the Spanish Kingdom

2019 ◽  
Vol 16 (1) ◽  
pp. 123-151
Author(s):  
Eduardo J. Ruiz Vieytez
Keyword(s):  
Constitutional Law ◽  
Basque Country ◽  
National Character ◽  
Federal State ◽  
Complex State ◽  
Autonomous Region ◽  
Administrative Efficiency ◽  
The Subject ◽  
Constitutional System ◽  
Cultural Features

The Spanish 1978 Constitution establishes a complex state. In constitutional terms, it is not defined as a federal state, but rather as a unitary state with significant scope for political decentralization. This complex constitutional arrangement is in response to both internal and cultural features, and to a search for greater administrative efficiency. The pluri-national character of the state is the subject of fierce debate in Spain, while the way in which certain minority nations (Catalonia and the Basque Country) are accommodated is a permanent source of friction. This paper seeks to provide an overview of this complex political/constitutional situation by analysing the historical, political and legal developments that have occurred during the last 40 years, with a focus on the last developments of the Catalan crisis. Although Spain is markedly asymmetric in political and identity terms, this asymmetry is not adequately reflected in Constitutional Law. In addition, the ongoing tension between unionism and separatism in some regions poses significant challenges to the Spanish constitutional system as a whole, in particular, through the pro-independence process in the autonomous region of Catalonia.

Law and Sovereignty

1937 ◽  
Vol 31 (4) ◽  
pp. 617-637
Author(s):  
J. Roland Pennock
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Political Obligation ◽  
The Real ◽  
Real Issue ◽  
The Status ◽  
Definition Of

Political theorists have spilt much ink in controversies over “sovereignty,” while probably even more effort has been devoted to discussion of the nature of law. It cannot be said that the result of all this activity has been to produce a body of generally accepted doctrine, or even that it has greatly clarified the field of discussion. On the contrary, misunderstandings and the abuse of terms have contributed greatly to a general fog.The real issue raised by the pluralists is much more than a question of logic. They challenge the premises of their opponents. They deal largely with the question of the limits of political obligation. With that we are not here concerned. The primary purpose of this article is to search for a meaning of “law” that will at once contribute to the clarification of the question as to the nature of law and aid in the determination of the most helpful legal signification of the term “sovereignty.” The accomplishment of this purpose should aid in settling the incidental questions of the nature of “constitutional law,” the possibility of “nullifying” law, and the status of “international law.”The two subjects—law and sovereignty—are frequently treated independently, but they are so inter-related as to render such treatment inadequate. A brief examination of the controversy over “sovereignty” will demonstrate how it ultimately resolves itself into a question of the definition of law.

scholarly journals Constitutional-Law Status of Autonomous Territories in the CIS Countries

2018 ◽  
pp. 69-76
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Comparative Law ◽  
Public Authorities ◽  
Autonomous Region ◽  
The Status ◽  
Independent States ◽  
Cis Countries ◽  
Autonomous Republic ◽  
Significant Attention

In the article, the legal status of autonomous territories in the CIS (the Commonwealth of Independent States) countries is discussed from a comparative perspective. Using a comparative-law methodology, the author examines constitutional provisions as well as special laws and regulations concerning each autonomous entity. The territorial autonomies in Azerbaijan (the Nakhchivan Autonomous Republic), Uzbekistan (the Karakalpakstan Republic), Tajikistan (the Gorno-Badakhshan autonomous region), and Moldova (Gagauzia) are studied. The status of autonomous territories in these states is defined by legal acts with different legal force. As a result, actual status of these territories varies from state to state. Nevertheless, it is emphasized that there are some similarities in provisions of the constitutions and other acts of the states under consideration. A significant attention is paid to analysis of systems of public authorities in autonomous territories, their organization, and procedures of appointment and elections to them. The competence of autonomous units and their legislative and executive bodies is also discussed. The author raises the question about the degree of autonomy in autonomous bodies’ activities.

scholarly journals History of self-determination of the people of Donbass. experience of the Soviet Republic of Donetsk and Krivoy Rog

2019 ◽  
pp. 148-152
Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva
Keyword(s):  
International Law ◽  
Cultural Development ◽  
Self Determination ◽  
Political Status ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Right ◽  
Historical Past

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.

Constitution of the Republic of Kazakhstan: doctrine and practice (to the 25th anniversary of the Constitution of the Republic of Kazakhstan)

2021 ◽  
Author(s):  
Zaure Ayupova ◽  
Alipasha Karaev ◽  
Maygul' Mataeva ◽  
Andrey Nechkin ◽  
Igor' Ostapovich
Keyword(s):  
Graduate Students ◽  
Constitutional Law ◽  
Legal Aspects ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
25Th Anniversary ◽  
Basic Law ◽  
Higher Educational ◽  
The Republic ◽  
Comprehensive Study

This collective monograph is dedicated to the 25th anniversary of the Constitution of the Republic of Kazakhstan. It conducts a comprehensive study. The Constitution of the Republic of Kazakhstan, which mainly considers the historical and theoretical and legal aspects of the development of the Basic Law of the country, as well as its practical component. In addition, special attention is paid to the comparison of the Constitution of the Republic of Kazakhstan with the constitutions of other post-Soviet states. The publication is intended for undergraduate and graduate students, postgraduates and teachers of higher educational institutions, as well as anyone interested in foreign constitutional law.

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