scholarly journals Tiesu varas jēdziens leģitimācijas kontekstā

Author(s):  
Diāna Adamoviča ◽  

In a democratic state, which is guided by the rule of law, the bodies of state draw their legitimate power from sovereign, including judiciary bodies. Therefore, the opinion of nation is of a critical importance. The aim of this paper is to find out whether the examined aspects of democratic legitimacy require judiciary to communicate with the society. In order to achieve this aim, the author will analyse historical reasons behind society’s trust in judiciary on the basis of philosophical categories. The author applies historical and analytical methods.

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.


Author(s):  
Richard Rose

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.


Author(s):  
Ērika Gribonika ◽  

The article is designed as a doctrinal, descriptive study that examines the prin­ciple of openness in criminal proceedings. It is structured in two parts; the first part identifies the content and significance of openness as a constitutional value in a democratic state governed by the rule of law, whereas the second part of the article describes the restrictions of the principle of openness set by the legislator in the Criminal Procedure Law, as well as outlines the content of the interests for the protection of which these restrictions have been created. Finally, the mechanisms established by law for maintaining the created balance are considered.


Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter deals with equal access to civil service which is guaranteed by Art. 33 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the importance of the civil service to a democratic state founded on the rule of law before addressing the question of access to civil service, with emphasis on the performance principle and the procedures which safeguard it. It then analyses the Court's so-called ‘Radicals decision’, in which it ruled that the duty of political loyalty was one of the traditional principles of the professional civil service, and the scope of the functional reservation of Art. 33 para. 4 GG. It also explains the prohibition of strikes by civil servants, along with the traditional principles of the professional civil service. Finally, it describes the traditional principles of the civil service as individual rights comparable to fundamental rights.


2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.


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