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.

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.

Continuity with Deficiencies: The New Basic Law of Hungary

2013 ◽  
Vol 9 (1) ◽  
pp. 102-138 ◽  
Author(s):  
András Jakab ◽  
Pál Sonnevend
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Fundamental Rights ◽  
Political Community ◽  
The Political ◽  
Basic Law ◽  
The Government ◽  
Democratic Constitution ◽  
Legal Procedures

Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority

scholarly journals Reception of Antiquity through Flemish Tapestries of the 15th–16th Centuries (Based on the Collection of the State Hermitage Museum)

2020 ◽  
Vol 162 (6) ◽  
pp. 74-85
Author(s):  
M.A. Manokhina ◽  
Keyword(s):  
Fine Arts ◽  
Research Field ◽  
The State ◽  
The Political ◽  
Special Role ◽  
Political Reality ◽  
Art Form ◽  
Literary Sources ◽  
The One ◽  
High Social Status

The problem of reception of the antiquity through tapestries in the Russian historiography was considered. Using as an example the Flemish tapestries of the 15th–16th centuries from the Collection of the State Hermitage Museum, the transformation and popularity of ancient motifs in this art form were demonstrated, as well as their special role in the propaganda of power, high social status, and wealth. The following main elements of tapestries were analyzed: subjects, characters, costumes, and Latin banderoles. The methodology of tapestry analysis is similar to the one used by structuralists: an additional link (customer) is introduced in the author – text – reader research field. The subjects of the tapestries were compared with the plots of the corresponding ancient literary sources. As a result, it was concluded about different perception of the antiquity in the literature and fine arts. Tapestries reflect the attitude of customers to the political reality of that time. The Northern Renaissance and how it was influenced by the ideas of humanists embodied in the tapestries was discussed.

scholarly journals The referendum - between freedom and constitutionality

2018 ◽  
pp. 32-40
Author(s):  
VIRGINIA VEDINAȘ
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Central Issue ◽  
Basic Law ◽  
The Subject ◽  
The One

The study aims to analyze the legal status of the referendum in general and, in particular, of the one organized by the President under Art. 90 of the Constitution and by the local public administration authorities, according to the principle of consulting the population in solving particular problems of local interest. The central issue, which goes as a “red thread”, our approach, reffers to the issues that can be the subject of the two types of referendum and how “free” are the subjects of law that initiate them in determining the sphere of issues that are the subject of this sphere. The conclusion we have reached is that such freedom is not unlimited, that it stops where the Constitution says, and the fundamental principles it enshrines, being unable to be the subject of a referendum, national or local, issues forbidden by the Basic Law.

scholarly journals Perda Syariah Dalam Otonomi Daerah

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Ummu Salamah ◽  
Reinaldo Rianto
Keyword(s):  
Constitutional Law ◽  
Political System ◽  
Islamic Law ◽  
Local Level ◽  
The State ◽  
The Political ◽  
Autonomous Region ◽  
Pros And Cons ◽  
The Republic

Abstract: The Constitution of the Republic of Indonesia Year 1945 Article 29, paragraph 1 explains that "the State based on Almighty God". Normative-juridical provision has given legitimacy to the formalization of Islamic law for transformative integrated in the political system and constitutional law in Indonesia. Internalization of Islamic law into the legislation at the local level has opened the scope of the spirit of autonomy granted by the regions both general and specific. This spirit also later brings their initiative to roll Regional Regulation nuances of Islamic law, which of course raises the pros and cons in the community.Keywords: Legislation, Autonomous Region, FormalizationAbstrak: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 pasal 29 ayat 1 menjelaskan bahwa “Negara berdasarkan atas Ketuhanan Yang Maha Esa”. Ketentuan normatif-yuridis ini telah memberikan legitimasi bagi formalisasi hukum Islam untuk terintegrasi secara transformatif dalam sistem politik dan hukum ketatanegaraan Indonesia. Internalisasi hukum Islam ke dalam peraturan perundang-undangan di tingkat daerah telah membuka ruang adanya semangat otonomi yang diberikan oleh daerah-daerah baik yang umum dan khusus. Semangat ini pula yang kemudian melahirkan adanya inisiatif untuk menggulirkan Peraturan Daerah bernuansa syariat Islam, yang tentunya menimbulkan pro dan kontra di tengah kalangan masyarakat.Kata Kunci: Perda, Otonomi Daerah, Formalisasi

Leibowitz, Yeshayahu (1903–94)

2018 ◽  
Author(s):  
D. Hartman
Keyword(s):  
The State ◽  
The Other ◽  
Israeli Society ◽  
Modern World ◽  
The Political ◽  
Religious Thought ◽  
Political Reality ◽  
Religious Law ◽  
The One ◽  
State Of Israel

Unlike the major intellectual currents that shaped religious thought in the modern world, Leibowitz’s thought is deeply anchored in the Israeli context. Both as philosopher and activist, Leibowitz lived and articulated the paradoxes of modern Israel where he lived and was best known. His reputation as a Socratic gadfly to the establishment reflected his ongoing critique of both Israeli society in the light of Judaism, and Judaism in the light of the revolutionary implications of the creation of the State of Israel. On the one hand, he was a Jewish patriot, a fighter for Jewish independence from all forms of foreign rule; on the other hand, he was a harsh, relentless critic of national and political expressions of chauvinism in the Israeli establishment. A strictly observant Jew, Leibowitz had less impact on traditional religious Jews than on secular Israelis. His central message is that what makes Jews distinctive as a group is neither their theology nor their Bible, but the system of law with which they regulate their lives. Judaism is a communal concept, and there is no point in religious Jews ignoring the State of Israel, or expecting others to bear their civil burdens for them. Religious law has to be reconciled with life in the political reality of the state, and this necessitates changing those attitudes to the law which reflect the historical conditions of life in exile.

scholarly journals Den filosofiske politiker – Frederik den Store og statsræsonen

2018 ◽  
pp. 55-70
Author(s):  
Mathias Hein Jessen
Keyword(s):  
The State ◽  
The Other ◽  
The Political ◽  
Military Force ◽  
Political Reality ◽  
The Enlightenment ◽  
Other Hand ◽  
Reason Of State ◽  
The One ◽  
Political Thinker

Frederick the Great (ruled 1740-86) is one of the main figures of Enlightened Absolutism. Frederic was on the one hand an enlightened philosopher deeply inspired by the ideals of the Enlightenment. On the other hand he ruled one of the most autocratic states in history and commanded the strongest and most disciplined military force of his time. Despite his many writings, however, Frederick is rarely investigated as a political thinker. The article focuses on the political writings of Frederick the Great and more specifically on his use of the concept of reason of state to legitimize his rule, not least with regard to his enlightened ideals. In this struggle for legitimacy, Frederick abolishes the concept of a personal ruler, and in doing so becomes a fascinating figure in the transition from a personalized government to the abstract, depersonalized concept of the state that still dominates our political reality today.

Herstellung gleichwertiger Lebensverhältnisse – ein Verfassungsgebot?

Der Staat ◽  
2020 ◽  
Vol 59 (4) ◽  
pp. 545-576
Author(s):  
Stefan Lenz
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Journal Article ◽  
Political Process ◽  
Living Conditions ◽  
The State ◽  
The Political ◽  
Basic Law ◽  
Gleichwertige Lebensverhältnisse ◽  
Political Demand

Die Herstellung gleichwertiger Lebensverhältnisse ist zu einer allgegenwärtigen politischen Forderung avanciert. Die Bundesregierung berief eine Kommission „Gleichwertige Lebensverhältnisse“, der Bund und einige Länder gründeten Heimatministerien. Verbreitet ist die Annahme, das Grundgesetz verpflichte den Staat auf die Herstellung gleichwertiger Lebensverhältnisse. Dieser Beitrag begibt sich auf die Suche nach einer solchen Staatszielbestimmung. Dabei wird er nicht fündig: weder in Art. 72 II GG noch im Bundesstaats- oder im Sozialstaatsprinzip noch unter angeblich mitgeregelten Verfassungsvoraussetzungen. Schließlich erhebt der Beitrag verfassungspolitische Bedenken gegen Staatszielbestimmungen im Allgemeinen und eine Staatszielbestimmung „Gleichwertige Lebensverhältnisse“ im Besonderen. Der politische Prozess kann und muss frei entscheiden, ob und wie der Staat auf die Gleichwertigkeit der Lebensverhältnisse hinarbeitet. Creating equivalent living conditions throughout Germany became an ubiquitous political demand. The Federal Government appointed a commission „Equivalent living conditions“ and as well as some Länder established a ministry of homeland. According to a widespread assumption, the Basic Law obliges the state to create equivalent living conditions. This journal article is looking for such a national objective in the Basic Law. The search fails. The alleged objective can neither be found in article 72 of the Basic Law nor in constitutional principles or among constitutional preconditions, which are supposed to be positivized. Finally, this article raises doubts against national objectives in constitutional law in general and the suggested objective „Equivalent living conditions“ in particular. The political process can and should decide freely, whether and by which means the state should work towards equivalent living conditions.

The Problem of Sovereignty

1923 ◽  
Vol 17 (3) ◽  
pp. 404-414 ◽  
Author(s):  
Baron S. A. Korff
Keyword(s):  
International Law ◽  
The State ◽  
The Other ◽  
General Idea ◽  
The Political ◽  
Modern Theory ◽  
Theoretical Problem ◽  
Equal Importance ◽  
The One ◽  
Political Question

One of the most difficult problems of modern political science is that of sovereignty. The commonly accepted theory contains many elements that seem to be in obvious contradiction to our ideals of democracy; some of them do not fit into the present-day conception of state and government, while others are plain remnants of feudalism and autocracy. One should keep in mind, however, that it is not only a purely theoretical problem closely associated with the general idea of the state, but that it is also an eminently practical one, as it necessarily involves the political question of limitations on the state's powers. Those limitations are of equal importance internally, in the relations between state and citizen, and externally, in the domain of international law.As often happens in cases where political questions are involved, the theory of sovereignty has two extreme wings of proponents. On the one hand there are theorists who defend an all-powerful state and make of the idea of sovereignty the emblem and symbol of the all-powerful state authority. On the other hand, there have appeared recently many writers, who believe that dangers lurk in the views of the first-mentioned school and who are loath to admit that any power, state or personal, may be unlimited; they distrust the theory of sovereignty, because of its association with unlimited power; consequently, they deny the existence of sovereignty altogether, asserting that it has no place whatever in the modern theory of the state.

scholarly journals UKRAINIAN BORDER: CURRENT STATE AND PROBLEMS

2019 ◽  
pp. 24-28
Author(s):  
Denis Eckert
Keyword(s):  
Legal Status ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
The Political ◽  
Current State ◽  
Political Events ◽  
Long Time ◽  
The Moment ◽  
The One

This article analyses Ukraine’s current borders, de jure and de facto, from a geopolitical point of view. Significant changes in the border regime occurred after the political events of 2014. The emergence of de facto borders after the annexation of Crimea and the hostilities in eastern Ukraine raises the question not only of the direction of the Ukrainian state’s foreign policy but also has fundamental consequences for domestic policy. The presence of international organisations monitoring parts of the state border shows that Ukraine is involved in the process of combating illegal immigration and smuggling, on the one hand, and that it has not solved all its state-building problems, on the other. The delimitation of state borders (demarcation) with the other former Soviet republics has taken a long time for land borders and has not been completed for maritime borders. Today’s Ukraine, in the context of European integration, opens its borders to the West and minimizes its contacts with the East. The sharp deterioration in relations with Russia following the annexation of Crimea, Russia’s support for separatist entities in eastern Ukraine has led to the abandonment of cross-border cooperation between border regions, including for mechanisms as effective as Euroregions. The need to amend current Ukrainian legislation, to take into account the political and legal status of de facto borders is an important point at the moment. To achieve this objective, it is necessary not only to draw on the experience of the functioning of the State border with Moldova in its section not controlled by the Moldovan government but also to develop new approaches to facilitate the lives of displaced persons, legalize their legal status and facilitate the crossing of the line of demarcation.

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