scholarly journals The approach of the Constitutional Court of the Republic of Croatia towards the protection of the right to a healthy environment

2021 ◽  
Vol 16 (31) ◽  
pp. 85-98
Author(s):  
Lana Ofak
Keyword(s):  
Environmental Protection ◽  
Case Law ◽  
Constitutional Court ◽  
Healthy Life ◽  
Human Environment ◽  
Constitutional Protection ◽  
Healthy Environment ◽  
Important Observation ◽  
The Republic ◽  
The Right

This paper analyzes provisions of the Croatian Constitution related to environmental protection, as well as their application in the case law of the Constitutional Court of the Republic of Croatia. The main aim is to examine whether the Constitutional Court considers Croatian Constitution as prescribing the right to a healthy environment although it only explicitly prescribes the right to a healthy life. The paper shall also explore the Constitutional Court’s interpretation of other environmental provision that are enshrined in the Croatian Constitution. For the purposes of writing this paper, 94 decisions of the Constitutional Court containing the word ‘human environment’ were examined. However, the paper dealt in detail with only those decisions that explicitly referred to the application of environmental provisions of the Constitution. The paper ends with conclusions which can be drawn from the case law of the Constitutional Court with an important observation that the conclusion concerning the constitutional protection of the right to a healthy environment in Croatia unfortunately cannot be deduced due to the extreme lack of cases in which applicants call for protection of this right in their constitutional complaints.

The right to the protection of religious feelings versus freedom of expression in the light of the Constitution of the Republic of Poland and the European Convention on Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 58-83
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
A Value ◽  
European Court ◽  
The Republic ◽  
The Right

This article concerns the right to the protection of religious feelings as a value which justifies a restriction of freedom of expression. The right to the protection of religious feelings can be protected by three methods: civil, penal and administrative. The issue is discussed from the point of view of the Constitution of the Republic of Poland and the European Convention on Human Rights, with particular emphasis on the case-law of the Polish Constitutional Court and the European Court of Human Rights in Strasbourg.

scholarly journals PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA

AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Protection ◽  
Rights Of The Child ◽  
The Future ◽  
The Republic ◽  
The Right

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.

scholarly journals Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo

2020 ◽  
Vol 57 (4) ◽  
pp. 1079-1096
Author(s):  
Nur Çeku ◽  
Haxhi Xhemajli
Keyword(s):  
Rule Of Law ◽  
Minority Groups ◽  
Case Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
The Republic ◽  
European Standards ◽  
The Right ◽  
The Impact

Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional statethat respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms for its appropriate application. In addition, what played a prominent role in defining these principles was the impact of the Constitutional Court’s case-law. Case-law has reaffirmed in many instances the tremendous importance of constitutional principles in enhancing the rule of law, protecting the rights of minority groups and other members of Kosovo’s society, and the right to freedom of belief and secularism by implementing the most modern European standards in human protection. Hence, this paper analyzess the impact that constitutional principles have had on defining the structure of the state, guaranteeing the rule of law, protection of human rights and establishing Kosovo as a multi-ethnic society. Likewise, it examines the case-law of Kosovo’s Constitutional Court by providing some of the most prominent cases.

scholarly journals Human Rights and Global Environment

2021 ◽  
Vol 4 (2) ◽  
pp. 105-113
Author(s):  
Flora Pricilla Kalalo
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
Environmental Damage ◽  
Legal Basis ◽  
Right To Life ◽  
Human Right ◽  
Healthy Life ◽  
Healthy Environment ◽  
The Right

Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.

scholarly journals Odpowiedzialność za środowisko w orzecznictwie indyjskim

2020 ◽  
pp. 33-45
Author(s):  
Iwona Florek
Keyword(s):  
Environmental Protection ◽  
Case Law ◽  
Legal Framework ◽  
Legal Provisions ◽  
Clean Environment ◽  
Health Quality ◽  
The Republic ◽  
The Right

Environmental protection policy is the domain of every country withservices ratifed in international agreements. India sets its own developmentdirection in this respect. The judiciary also plays an important role in thesystem of common law as a tool for defning the legal framework. India applies environmental principles which follow international environmentalprotection. The purpose of this paper is to present legal provisions in thefeld of environmental protection in the Republic of India and the state anddirection of case law with particular emphasis on the role of man, his health,quality of life and the right to live in a clean environment.

scholarly journals Die reg van die homoseksuele ouer om beheer en toesig oor 'n kind te verkry in die lig van die bepalings van die Grondwet

2017 ◽  
Vol 2 (2) ◽  
pp. 1
Author(s):  
Antoinette Kotze
Keyword(s):  
South Africa ◽  
South African ◽  
Case Law ◽  
Constitutional Protection ◽  
Homosexual Orientation ◽  
Foreign Law ◽  
Custody Disputes ◽  
Access Rights ◽  
The Republic ◽  
The Right

The problematic nature of the right of a homosexual parent to vest custody over a child is biarticulated: the nature and extent of custody disputes as well as the issues of discrimination based on sexual orientation are relevant. Homosexual orientation is emotional and controversial, all the more when it is accompanied by custody disputes. In this context the constitutional protection given to human rights and the constitutional provisions containing constitutional values are of paramount importance. The contents of these provisions have direct consequences for custody disputes and homosexual parenthood. In the pre-constitutional dispensation, the court gave judgement in Van Rooyen v Van Rooyen 1994 2 SA 325 (W) on the awarding of access rights to a homosexual parent. With regard to the provisions of the Constitution of the Republic of South Africa 108 of 1996 and trends in relevant foreign law, the decision in the Van Rooyen case is subjected to criticism. Since the commencement of the Constitution of the Republic of South Africa 200 of 1993, no South African court has given judgement on this issue. The aim of this contribution is to set out an autochthonous frame of reference considering the provisions of the Constitution, case law and comparative foreign law in an attempt to resolve the issue under discussion.

scholarly journals EKOLOGI KONSTITUSIONAL (GREEN CONSTUTIONAL) DAN KEDAULATAN WILAYAH DI INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 533
Author(s):  
Jawade Hafidz
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
The State ◽  
Court Decision ◽  
Future Generations ◽  
Constitutional Court ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Republic ◽  
First Time

Green Constitusional is a concept contained in the Act of 1945 Amendments, which in Article 33 Paragraph (3) arranged on the environment that must be managed for the benefit of development based on sustainable principles (suistainable) and environment (pro-enviroment). Green Constitusional concept first introduced by Jimly Asshiddiqie the first time in which this is one of the ideas and developments in environmental protection efforts are put towards environmental rights arrangements in the constitution of the State as a commitment to environmental protection and management.Constitution of the Republic of Indonesia 1945 Amendments also referred to as the supreme law of the land, because in its articles have known or regulating the preservation of nature or has shades of green. This is also confirmed in the Constitutional Court Decision No. 013/PUU-III/2005 dated 12 September 2005 that the politics of Indonesia's forest is in the implementation of human rights in Indonesia today and future generations to gain a healthy environment and in order implementation of national development.Key Word : Ecological Constitution, Sovereignty, Indonesia

scholarly journals WAIVER OF HUMAN RIGHTS: A RIGHT OR A CHALLENGE?

2020 ◽  
pp. 5-18
Author(s):  
Nelly Arakelyan
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Human Rights Law ◽  
European Court ◽  
The Republic ◽  
Definition Of ◽  
The Right ◽  
Classical Perception

The author discusses the new tendencies of waiving human rights. In the article they are qualified as a new emerging institute of Human Rights Law. The definition of human rights waiver is discussed, as well as the necessity to give a legal regulation to it. The author presents the existing definitions of human rights waiver, but does not share any of them, particularly most of them define human rights waiver as not utilization of human rights, but the author calls this definition as a passive application of human rights, whilst waiver of human rights has its own content which is discussed in the article in details. Human rights waiver is discussed in the light of the co-relation of the right to autonomy and the principle of paternalism. The author presents some case law on waiver of human rights, which is very rare. Specifically, the author presents the case law of the Constitutional Court of the Republic of Armenia and the case law of the European Court of Human Rights. The legal positions of the mentioned bodies can serve as good criteria in dealing with human rights waiver. Particularly, the Constitutional Court of the Republic of Armenia held a decision dedicated to this issue and qualified waiver of human rights as an exception from the classical perception of human rights ideology. The author agrees with idea reflected in decision of the Constitutional Court concerning the correlation of human rights waiver and right to autonomy, according to which right to autonomy cannot be absolute and that absolute waiver of human rights can, in its turn, violate the human rights. In this context the author highlights the necessity of defining the limits of human rights waiver offering two important directions for discussion of this question; the scope of the rights which can and cannot be waived, the framework and criteria of a waiver of human rights.

scholarly journals The "Environmental Lawsuit" as an Instrument of Preventive Protection of the Constitutional Right to Healthy Environment in the Law of the Republic of Serbia

2021 ◽  
Vol 16 (31) ◽  
pp. 55-69
Author(s):  
Nikolina Miščević ◽  
Attila Dudás
Keyword(s):  
Environmental Protection ◽  
Legal Theory ◽  
Legal Institution ◽  
Healthy Environment ◽  
The Subject ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

A lot of attention has been paid to the environment and its protection in Serbian legislation. The right to healthy environment is guaranteed by the Constitution, and in the last two decades numerous laws have been passed regulating various aspects of the environment in order to ensure its protection. The subject of the paper is the claim to eliminate the danger of damage, stipulated by the Law on Obligations from 1978. From the enactment of the law, this legal institution has been considered as a means suitable for providing preventive environmental protection, which is why it is often called an “environmental lawsuit” in Serbian legal theory.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

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