FEATURES OF THE CONSTITUTIONAL PROCEEDINGS INTHE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (7) ◽  
pp. 28-36
Author(s):  
Okilakhon Karakhodjaeva ◽  
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Protection Mechanism ◽  
Legal Norms ◽  
Domestic Legislation ◽  
Legislative Framework ◽  
Constitutional Justice ◽  
Constitutional Legality

Having chosen the path of building a democratic, legal state, a strong civil society, Uzbekistan hasdefined human rights and interests, the principle of the supremacy of the Constitution and laws as the most important priority of social development, statebuilding, and its entire domestic and foreign policy. Today, one of the effective elements of the protection mechanism of the human rights of any country is constitutional control, implemented through constitutional proceedings. Analyzing the activities of the Constitutional Court, the role and significance of constitutional justice as the main means of protecting the constitutional rights and freedoms of citizens and ensuring constitutional legality in the country, the author, on the basis of a constitutional and legal study, studies the principles, features of the stages of constitutional proceedings, examines the essence of the legislative framework for securing procedural terms. Materials and methods. The implementation of the set research tasks was achieved by analyzing the legal norms of domestic legislation governing the activities of the Constitutional Court.

PRINCIPLES OF THE CONSTITUTIONAL INTERPRETATION. THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAIJAN

2020 ◽  
Vol 4 (8(77)) ◽  
pp. 42-51
Author(s):  
Kenul Huseynova
Keyword(s):  
Human Rights ◽  
Basic Method ◽  
Constitutional Court ◽  
Separate Analysis ◽  
Constitutional Rights ◽  
Constitutional Interpretation ◽  
Constitutional Justice ◽  
The Republic ◽  
Teleological Interpretation

The article studies four classical ways of interpretation of constitutional rights by constitutional justice body. The author concludes that in applying the four canons of interpretation, a sequence must be observed where the grammatical interpretation is the basic method of understanding the meaning of the Constitution and laws of the Republic of Azerbaijan on the issues of implementation of human rights and freedoms. Systematic and teleological interpretation are used as additional methods. The methods under consideration acts as a certain framework for judges (или The methods under consideration provided a framework for judges.). Thus, following them does not allow the constitutional justice bodies to go beyond their own competence. The analysis of classical methods of interpretation stimulates further research in this area, including a separate analysis that requires interdisciplinary interpretation, constitutional conformal interpretation, a comparative interpretation of constitutional text, etc.

scholarly journals SOME ASPECTS OF COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF ADMISSIBILITY OF CITIZENS ' COMPLAINTS IN CONSTITUTIONAL PROCEEDINGS

2020 ◽  
Vol 34 (2) ◽  
pp. 55-59
Author(s):  
R.M. Akutaev ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Government Officials ◽  
Constitutional Justice ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
The Republic

The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms of citizens can only be achieved through the joint efforts of all bodies of state power and local self-government, officials and ordinary citizens to ensure constitutional legality in lawmaking and law enforcement, which the constitutional justice bodies consistently uphold.

scholarly journals Menyoal Kebebasan Beragama dan Penodaan Agama Di Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Religious Beliefs ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reform Era ◽  
The Republic ◽  
The Right

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314

scholarly journals The range of instruments of mechanism for interaction between the Constitutional Court of Ukraine and the Verkhovna Rada of Ukraine

2018 ◽  
Vol 6 (5) ◽  
pp. 5-11
Author(s):  
N. V. Moskalets
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Performance Indicators ◽  
Monitoring And Evaluation ◽  
The State ◽  
Individual Responsibility ◽  
Constitutional Court ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Development

In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.

scholarly journals PROTECTION OF CONSTITUTIONAL CULTURAL RIGHTS AND FREEDOMS OF CITIZENS BY THE CONSTITUTIONAL COURT OF UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 134-139
Author(s):  
Mykola Inshyn ◽  
Yurii Міroshnychenko ◽  
Yurii Paida
Keyword(s):  
Regulatory Compliance ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Scientific Methods ◽  
Cultural Rights ◽  
Legal Method ◽  
The Subject ◽  
Constitutional Justice ◽  
Legal Concepts

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.

scholarly journals Direct effect of the Constitution and implementation of its provisions in administrative justice

2020 ◽  
pp. 6-26
Author(s):  
Mykola Onishchuk ◽  
Mykhailo Savchyn
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Direct Action ◽  
Complex Case ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Justice ◽  
Duty To Protect ◽  
Administrative Justice ◽  
Legal Force

The problem of direct effect of the Constitution is related to the some aspects of the systematics of sources of law in the legal system of Ukraine in the pint of view of comparative law. Today, the processes of convergence in law continue. In the light of such dynamics, there is a multilevel and pluralistic picture of the direct effect of the provisions of the Constitution of Ukraine as a component of its highest legal force. The resolution of human rights cases by courts is a complex case, as it refers to their excessive restriction by law, which is not based on a sufficient legal basis. Constitutional justice is relevant to the practice of courts of general jurisdiction, as it is often in acts of constitutional justice that the provisions of the constitution are interpreted. The article is the disclosure of the direct action of the Constitution Ukraine in the exercise of administrative justice through the implementation of its provisions in court decisions. The highest legal force of the Constitution is revealed through the lens of the components of the reasoning of court decisions. Direct action has been analyzed as a component of the normative nature of the Constitution, in particular because of the duty to protect of human rights and apply the principles of proportionality, as well as the correlation between the legal force of the Constitution and the acts of the Constitutional Court. The implementation of the decisions of the Constitutional Court in the activity of administrative courts, in particular through the system of reasoning of their decisions, is revealed. Based on a holistic understanding of the Constitution, it is concluded that the duty to protect the state arises from the violation of its human (i.e. body) human right by the agent and the main duty of the court is to restore such right in full. Key words: decisions of constitutional justice, direct effect of the constitution, human rights, legal reasoning, review of judicial decisions, supremacy of the constitution.

Conclusion

2020 ◽  
pp. 174-188
Author(s):  
Mark S. Berlin
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Civil Society ◽  
International Law ◽  
Criminal Law ◽  
Large Scale ◽  
Legal Norms ◽  
Reform Processes ◽  
Human Rights Norms ◽  
The Cold War

This chapter summarizes the book’s findings and discuses their implications for research on atrocity justice, human rights, and international law. It highlights the importance of technocratic criminal law specialists in the spread of human rights norms and contrasts these actors with the types of civil society groups that receive much attention in the human rights literature. The chapter also discusses how the book’s findings complicate the narrative of the Cold War period as a time of “hibernation” for the advancement of international atrocity justice. Finally, the chapter highlights the importance of the book’s findings for understanding the domestication of international law more generally. The chapter then discusses how the book’s findings may generalize to explaining the spread of other legal norms that have been shown to be associated with improvements in human rights outcomes. It suggests a number of conditions under which the spread of legal norms will benefit from forms of technocratic legal borrowing inherent in large-scale reform processes.

Sociedad Civil, Estado De Derecho Y Justicia Constitucional. El Rompimiento De Paradigmas Y La Generación De Nuevos Retos

Xihmai ◽  
2019 ◽  
Vol 13 (26) ◽  
Author(s):  
Francisco Jaime Hidalgo González [1]
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Sphere ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Constitutional Justice ◽  
Investigación Cualitativa ◽  
Sociedad Civil

ResumenA partir de la reforma constitucional de junio de 2011, la obligación del Estado, desde su actuar integral de garantizar y tutelar los derechos humanos, generó una nueva dimensión desde la cual debemos entender y construir el Estado de Derecho. La Justicia Constitucional tiene como fines principales mantener la supremací­a constitucional, el equilibrio entre los poderes del Estado y la protección de las personas limitando el ejercicio de poder polí­tico a través de la aplicación de dos principios sustantivos y procedimentales: el principio de constitucionalidad y el principio de convencionalidad.Palabras clave: Estado, Sociedad Civil, Esfera Pública, Estado de Derecho, Justicia Constitucional, Derechos Humanos.AbstractSince the constitution reform of june 2011 the obligation of the State from his responsibility of guarantee and protect human rights generated a new dimension from which we must understand and build the Rule of Law. The Constitutional Justice has as main goals keep the constitutional supremacy, the balance between the powers of the State and the protection of the individuals by limiting the exercise of political power through the application of the principles of constitutionally and conventionality.Keywords: State, Civil Society, Public Sphere, Rule of Law, Constitutional Justice, Human Rights.    [1] Egresado de la Licenciatura en Derecho de la Universidad La Salle Pachuca. Profesor de Derecho Constitucional y Procesal Constitucional en la misma Universidad. Cuenta con estudios sobre Sociedad Civil e Instituciones Democráticas, Metodologí­as de Investigación Cualitativa y Cuantitativa, desarrollo de análisis legislativo, así­ como para la planeación, implementación y evaluación de Indicadores de Gestión y Evaluación de Polí­ticas Públicas. Ha publicado diversos artí­culos académicos sobre Ciudadaní­a, Democracia, Derechos Humanos, Análisis Constitucional y Comportamiento Electoral. Es miembro del Centro de Estudios Constitucionales y Derechos Humanos del Estado de Hidalgo.

CONSTITUTIONAL DEVELOPMENTS AND HUMAN RIGHTS IN FRANCE: ONE STEP FORWARD, TWO STEPS BACK

2011 ◽  
Vol 60 (1) ◽  
pp. 167-188 ◽  
Author(s):  
Myriam Hunter-Henin
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
Constitutional Principle ◽  
One Step ◽  
New Form

A major constitutional reform has occurred in France. On 1 March 2010, by virtue of the Constitutional Act of 10 December 20091 (itself pursuant to the constitutional reform of 23 July 2008)2 a new form of constitutional review came into force,3 with the blessing of the Conseil constitutionnel (the Constitutional council).4 The changes are considerable: the role of the Conseil constitutionnel has undergone a revolution which will have implications for ordinary courts as well as for citizens' rights. Arguably, the reform transforms the Conseil constitutionnel—so far a council with limited powers of review—into a true Constitutional court, and as discussed below, opens up constitutional issues in ordinary litigation, enhancing the protection of citizens' human rights. Owing to the reform, ‘Constitutional rights and liberties guaranteed by the Constitution’ can now be invoked against legislation in the course of litigation. This is a true revolution in France because, up until now, no individual was allowed to invoke the jurisdiction of the Conseil constitutionnel,5 nor were they authorized to invoke a constitutional principle in litigation, as this would have been asking ordinary judges to assess a piece of legislation against the Constitution, a task which exclusively belongs to the Conseil constitutionnel.6 Constitutional rights and liberties will now (as is further discussed below) play a key part in ordinary litigation.

scholarly journals Enforcing the Judgments of the ECtHR in Russia in Light of the Amendments to the Law on the Constitutional Court

2016 ◽  
Vol 24 ◽  
pp. 14 ◽  
Author(s):  
Kerttu Mäger
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Council Of Europe ◽  
European Court ◽  
Domestic Legislation ◽  
Russian Constitution ◽  
Cherry Picking ◽  
The Law

The paper was written to analyse the enforceability of the judgements of the European Court of Human Rights in Russia, particularly in light of recent amendments to the Law on the Constitutional Court and relevant case law of the Constitutional Court of Russia. Article 46 of the European Convention on Human Rights, obliging member states to execute the judgements of the European Court of Human Rights, does not leave room for ‘cherry-picking’ in enforcing the judgements. However, the Constitutional Court has suggested that Russian authorities should indeed engage in cherry-picking and may refuse to enforce judgements that are not in accordance with the Russian Constitution as interpreted by the Constitutional Court. In December 2015, the Russian parliament amended the Law on the Constitutional Court so as to empower said court to declare judgements of the European Court of Human Rights unenforceable when implementation would be in conflict with the Constitution of Russia. The paper discusses the background of these developments and alternatives for overcoming the conflict between domestic legislation and the instruments of the Council of Europe.

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