scholarly journals THE CONSTITUTIONAL COMPLAINT IN THE POLISH SUPREME LAW -- A QUEIXA CONSTITUCIONAL NA LEI FUNDAMENTAL DA POLÔNIA

2016 ◽  
Vol 17 (1) ◽  
pp. 29-46
Author(s):  
Bogumil Szmulik ◽  
Andrzej Poglodek
Keyword(s):  
Human Rights ◽  
History Of ◽  
Extended Analysis ◽  
Constitutional Tribunal ◽  
The Republic ◽  
First Time

Abstract: The article presents the institution of the constitutional complaint in the 1997 Constitution of the Republic of Poland. For the first time in the history of Polish constitutionalism the current supreme law made it possible for the citizens to directly appeal to the Constitutional Tribunal in order to protect their laws and liberties guaranteed by the supreme law. The article describes the origin of the institution of the constitutional complaint in Europe and in Poland. The main focus, though, is on the extended analysis of the scope and coverage of the constitutional complaint, together with the conditions set by the legislators that must be met for the complaint to be filed. The paper is concluded with the observations on the constitutional regulations and the practice of their applications in the work of the Constitutional Tribunal.Keywords: Constitutional Complaint. Constitutional Tribunal. Human Rights. Constitution Poland.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Institutions of Ancient Roman Law

2018 ◽  
Author(s):  
Luigi Capogrossi Colognesi
Keyword(s):  
Western Mediterranean ◽  
Roman Law ◽  
Private Institutions ◽  
Public And Private ◽  
Family Wealth ◽  
Medieval Europe ◽  
History Of ◽  
The Republic ◽  
Unique Source ◽  
First Time

This chapter gives a rapid overview of the history of Roman public and private institutions, from their early beginning in the semi-legendary age of the kings to the later developments of the Imperial age. A turning point has been the passage from the kingdom to the republic and the new foundation of citizenship on family wealth, instead of the exclusiveness of clan and lineages. But still more important has been the approval of the written legislation of the XII Tables giving to all citizens a sufficient knowledge of the Roman legal body of consuetudinary laws. From that moment, Roman citizenship was identified with personal freedom and the rule of law. Following political and military success, between the end of IV and the first half of III century bce Rome was capable of imposing herself as the central power in Italy and the western Mediterranean. From that moment Roman hegemony was exercised on a growing number of cities and local populations, organized in the form of Roman of Latin colonies or as Roman municipia. Only in the last century bce were these different statutes unified with the grant of Roman citizenship to all Italians. In this same period the Roman civil law, which was applied to private litigants by the Roman praetors, had become a very complex and sophisticated system of rules. With the empire the system did not change abruptly, although the Princeps did concentrate in his hands the last power of the judiciary and became the unique source of new legislation. In that way, for the first time, the Roman legal system was founded on rational and coherent schemes, becoming a model, which Antiquity transmitted to the late medieval Europe.

scholarly journals A new stage in the study of the medieval Solkhat and its districts (Review of the Book: A Code of Monuments of History, Architecture and Culture of the Crimean Tatars. Volume IV. Old Crimea)

2021 ◽  
pp. 261-268
Author(s):  
Vadim V. Maiko ◽  
Keyword(s):  
Cultural Heritage ◽  
The State ◽  
Complete List ◽  
Scientific Center ◽  
The Crimea ◽  
History Of ◽  
The Republic ◽  
Cultural Heritage Objects ◽  
Academy Of Sciences ◽  
First Time

The review considered the next IV Volume of a multi-volume publication: A Code of monuments of history, architecture and culture of the Crimean Tatars, prepared jointly by the Crimean Scientific Center of Sh. Marjani Institute of history of Academy of Sciences of the Republic of Tatarstan, the Department of History of Fevzi Yakubov “Crimean Engineering and Pedagogical University” and the State Hermitage with the involvement of specialists studying the history and archeology of Solkhat. This volume is entirely devoted to the monuments of history, archeology and architecture of Solkhat – Stary Krym and its district of the second half of the XIII-XIX centuries. For the first time in Russian historiography, the most complete list of cultural heritage objects has been collected. All archaeological works were carried out in Solkhat and its district from the second half of the 1920s and up to today. Previously unpublished photographs and drawings are given in the volume. This publication is rightly considered a new stage in the study of this unique historical place of the Crimea.

scholarly journals HISTORI PEMBERLAKUAN PERADILAN AGAMA ERA KERAJAAN ISLAM DAN PENJAJAHAN DI INDONESIA

Al-Qadha ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 19-29
Author(s):  
Faisal
Keyword(s):  
First Century ◽  
The Past ◽  
The Supreme Court ◽  
Islamic Religion ◽  
History Of ◽  
Japanese Colonial ◽  
The Republic ◽  
The Government ◽  
First Time ◽  
Religious Courts

The journey of the Religious Courts that has been passed in such a long period oftime means that we are talking about the past, namely the history of the Religious Courts.With the entry of Islam into Indonesia, which for the first time in the first century Hijri (1 H /7 AD) brought directly from Arabia by merchants from Mecca and Medina, the communitybegan to implement the teachings and rules of Islamic religion in everyday life. The ReligiousCourt is one of the Special Courts under the authority of the Supreme Court as the highestcourt in the Republic of Indonesia. As an Islamic Judiciary that had been established longbefore Indonesia's independence, the Religious Courts certainly could not be separated fromthe changes that occurred considering the reign of the Government of Indonesia had been heldby various people with different backgrounds, politics and goals, surely it would have animpact on the existence Religious Courts both materially and immaterially, including duringthe Dutch and Japanese colonial rule in Indonesia.

scholarly journals INSTITUTE OF EMISSARIES

2021 ◽  
Vol 69 (2) ◽  
Author(s):  
M. Koigeldiev ◽  
Keyword(s):  
Power System ◽  
Management System ◽  
Raw Materials ◽  
Historical Analysis ◽  
Point Of View ◽  
Soviet Period ◽  
Administrative Management ◽  
History Of ◽  
The Republic ◽  
First Time

The 20-30 years of the XX-th century in the history of Kazakhstan are characterized by the formation of such a form of governance of the republic from the center as the institute of emissaries. This form of management remained unchanged until the end of the Soviet period. The system of administrative management has acquired a new character, consolidating the former imperial positions based on the search for sources of raw materials and sales markets. The history of the formation and activity of the Institute of emissaries as a management system in Kazakhstan was not considered as an object of historical analysis. For the first time in the Kazakh historiography in the context of the 20-30s, the author analyzes the origins of the formation of this institute of management. The article highlights the beginning of a new stage in the Kazakh history, which implies a generalization of the activities of the power system and its nature from the point of view of modern realities.

Silent War and Bitter Peace: The Revolution of 1918 in Austria

2003 ◽  
Vol 34 ◽  
pp. 1-56 ◽  
Author(s):  
John W. Boyer
Keyword(s):  
Human Rights ◽  
French Revolution ◽  
Testing Ground ◽  
History Of ◽  
The Republic ◽  
The French Revolution ◽  
The Revolution

My Subject Today is the Austrian Revolution of 1918 and its aftermath, a staple subject in the general history of the empire and the republic, but one that has not seen vigorous historiographical discussion for a number of years. In a recent review of new historiography on the French Revolution, Jeremy Popkin has argued that recent neoliberal and even neo-Jacobin scholarship about that momentous event has confirmed the position of the revolution in the “genealogy of modern liberalism and democracy.” The endless fascination engendered by the French Revolution is owing to its protean nature, one that assayed the possibilities of reconciling liberty and equality and one that still inspires those who would search for a “usable liberal past.”1 After all, it was not only a watershed of liberal ideas, if not always liberal institutions and civic practices, but it was also a testing ground for the possibility of giving practical meaning to new categories of human rights.

scholarly journals Evolution of the Albanian Constitution

2017 ◽  
Vol 6 (1) ◽  
pp. 31-36
Author(s):  
Ilda Jeha ◽  
Ylli Cabiri
Keyword(s):  
Human Rights ◽  
Market Economy ◽  
National Committee ◽  
Democratic Institutions ◽  
Political Interests ◽  
History Of ◽  
The Republic ◽  
The Impact ◽  
Democratic Constitution ◽  
Constitutional Changes

Abstract The history of Albanian Constitutions dates back in April 1914 with the Statute of Albania drafted by a National Committee of that time. The new Albanian Constitution was adopted by the Parliament 18 years ago and confirmed by a Referendum1, becoming the first democratic Constitution following political changes in Albania. After 1991, the stature of Albania changed significantly and the country managed to build new democratic institutions, advanced in establishing a market economy and ensuring human rights, and made important steps towards integration in Euro-Atlantic institutions. In this context, constitutional changes were normal, despite the overall misperception that the Constitution is a document that must not be amended. So, a provisional package of amendments was drafted to avoid obstacles along the way, and a new Constitution was adopted in 1998, later on amended in 2012 and 2016. Analysis of such amendments points out some problems. What should be the procedure for constitutional changes? Parliamentary vote or referendum? In this view, the 2012 constitutional changes - albeit hasty - did not affect the backbone of the document and could be introduced without a referendum, simply with a parliamentary adoption, as was the case. In contrast, the 2016 amendments were adopted unanimously, but they affected the backbone of the Constitution and therefore a referendum should have been called. Should the impact of such amendments be measured? This is another important issue that is not considered actually. But, in our opinion, monitoring any amendments by the Parliament or the President of the Republic is to the benefit of democratic developments and serves any further intentions for constitutional changes. We believe that the Constitution should clearly prescribe the procedure for constitutional changes to save them from becoming a pawn of momentary political interests.

scholarly journals A Dagestiani woman in the system of physical culture and sport in 1930s: a historical aspect of the gender stereotypes transformation

2021 ◽  
Vol 13 (3) ◽  
Author(s):  
G.Sh. Kaymarazov ◽  
◽  
L.G. Kaymarazova
Keyword(s):  
Social Relations ◽  
Gender Stereotypes ◽  
Practical Interest ◽  
Soviet Period ◽  
Physical Culture ◽  
Gender History ◽  
Historical Aspect ◽  
History Of ◽  
The Republic ◽  
First Time

The relevance of the study is determined by the scientific and practical interest in the history of national physical culture and sports, the state policy in this area, including in the national regions of the country in the early Soviet period, as well as the discussions that have unfolded in the world community today about the fate of women's sports. For the first time, the article analyzes the transformations that took place in the 1930s on the basis of reliable factual materials, taking into account modern historiographic generalizations in the structure of women's gender role on the example of participation in the physical culture movement and sports of women of multinational Dagestan, which became more and more noticeable, despite the preservation of the significant influence of Islam and traditional ideas about the place of women in the system of social relations and the family. The research carried out within the framework of socio-cultural, gender history, the history of everyday life on the basis of the principles of historicism and objectivity with the use of comparative-historical, problem-chronological, descriptive methods and taking into account the main provisions of the modernization concept, led to the conclusion that in the 1930s ... the leadership of the republic and the region began to give priority attention to the involvement of mountain girls in the physical culture and military-sports movement, which became one of the components of the program for solving the "women's issue", the implementation of which made it possible to more and more actively attract Dagestani women to participate in the socio-political and cultural life of the republic, edges, countries.

scholarly journals Counteraction to Criminality In the Ukrainian SSR In the Second Half of 1930S

2020 ◽  
Keyword(s):  
Methodological Principle ◽  
General Level ◽  
Collective Farm ◽  
Soviet History ◽  
Political Situation ◽  
Different Types ◽  
History Of ◽  
The Republic ◽  
First Time

For today there is a far of the publications sanctified to soviet history of 1930th. However basic attention in them is spared there are 1937-1939 to strengthening of the totalitarian mode and repressions. And the problems of combating crime have received little attention.Research aim. Taking into account insufficient worked out of theme, an author put an aim to itself to light up the role of militia in counteraction to some types of criminality in the second half 1930th. This range of problems is wide enough, that is why we specially did not investigate some of directions of activity of militia at this time, in particular fight against gangsterism, counteract to economic criminality and role of militia in repressions 1937-1938, as it is an object other our scientific researches.Research methodology. The fundamental methodological principle of the study for the author was historicism. We tried to study the processes, events and facts in chronological order, taking into account the then socio-political situation. The method of comparison allowed to consider the general and special in activity of militia of different regions of the republic and differences in counteraction to different types of crimes.The scientific novelty of the article is that for the first time in the historical literature it reveals the activities of the police in combating crime in the second half of the 1930s., related to improving the work of investigators, district inspectors.In the article basic directions of activity of militia are exposed in relation to counteraction to some types of crimes in Ukraine, in the second half of 1930th. In this time a "liberal" period made off relatively in history of soviet legislation.It was considered that in connection from completion of building of socialism in the USSR the main causations of crime, related to the inheritance of, are czarism on the whole removed, and the pore of the most rapid liquidation of criminality came, although at this time appeared and new types of crimes : 1. crimes related to the passport system (imitation, sale and purchase, theft of passports); 2. violation of charter of agricultural artel, violation of soviet and of a collective farm democracy; 3.sabotage of Stakhanovsky motion, pursuit ofStakhanov’ s men.New Constitution of the USSR was accepted in 1936, and in 1937 is new Constitution of Ukraine. For them wide rights for soviet citizens were proclaimed, but in reality they were not realized, becoming illustration to neglect of law and law and order.However would be an overstatement to consider that there was complete legal anarchy and raging of criminality in the state .Conclusions. In the second half 1930th a militia, without regard to mass repressions and certain vagueness of fate of many workers, continued counteraction to criminality. Certain attention was spared to the improvement of work of investigators, district inspectors, secret-service-informative work, bringing in of public to counteraction to criminality. In the total it was succeeded to attain some reduction of general level to criminality.

scholarly journals Italian migration policy: Changes and effects

2018 ◽  
Vol 8 (1) ◽  
pp. 181-197
Author(s):  
Rafał Dudała
Keyword(s):  
Social Integration ◽  
European Community ◽  
Immigration Policy ◽  
Migration Policy ◽  
Policy Changes ◽  
History Of ◽  
The Republic ◽  
Migration Crisis ◽  
First Time

Abstract The phenomenon of Italian migration is characterized by a clear caesura, which makes Italy a country with a long history of emigration and a much shorter experience of immigration. The mid-1970s are considered a breakthrough, when the zero-migration balance was recorded for the first time. The growing wave of arriving foreigners forced the rulers to change the current immigration policy, which rarely responded to the needs of both foreigners and citizens of the Republic. Subsequent laws, usually created in extraordinary circumstances, were also subject to the process of alternating power. Lack of legislative continuity and insufficient social integration gave birth to additional tensions around the observed influx of refugees. In this situation, it seems that the management of the migration crisis is no longer the responsibility of a single nation, but should be an action taken at the level of solutions of the European community.

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