scholarly journals Karol Dobrzeniecki, Prawo wobec sytuacji nadzwyczajnej. Między legalizmem a koniecznością, Toruń 2018. Recenzja

2020 ◽  
pp. 121-125
Author(s):  
Arkadiusz Barut
Keyword(s):  
Constitutional Law ◽  
Emergency Situation ◽  
Moral Issue ◽  
Legal Regulations ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Interdisciplinary Character ◽  
The Subject ◽  
The Relationship ◽  
Philosophical Doctrine

The subject of the review is a monograph by Karol Dobrzeniecki “Law on emergency situations. Between legalism and necessity” (Toruń 2018). According to the reviewer, the nature of the work determines the distinction between an emergency situation, that is, a factual state requiring action not provided for by law and a state of emergency, i.e. a legal institution. The main purpose of the work is to analyze the relationship between the recognition of an exceptional situation only in legal terms, and its approach as a political and moral issue. The work has interdisciplinary character. Karol Dobrzeniecki, analyzing jurisprudence, political philosophical, doctrine of constitutional law, as well as constitutional, international and supranational legal regulations, points out the danger of legal "normalization" of a state of emergency, that is, the penetration of its specific solutions into the law intended for the ordinary situation, and hence blurring of the distinction between ordinary and exceptional situations. The author of the reviewed monograph believes that the exceptional situation should be assessed primarily in moral and political categories, being aware of the tragic nature of the choices made at the time.

scholarly journals Emergency: definitions, problems and solutions

2021 ◽  
Vol 17 (7) ◽  
pp. 15-19
Author(s):  
V.P. Мiroshnychenko
Keyword(s):  
External Environment ◽  
Emergency Situation ◽  
Anthropogenic Activity ◽  
Emergency Situations ◽  
Problems And Solutions ◽  
The Subject ◽  
Definition Of

Emergency situations constantly accompany the external environment and society bringing major material losses and human casualties. The definitions and general patterns for the development of emergency situations and their role in accidents and disasters were discussed. Actually, there is no single concept in the definition of an emergency. Based on the ana-lysis, the content of the subject was formulated: an emergency is a state of natural and anthropogenic activity in the external environment and society. The mechanism of the emergency situation development is presented. The reason for changing the normative definition of the concept of emergency situation has been substantiated.

scholarly journals O paradigma científico no discurso da mídia brasileira sobre Zika e microcefalia

2018 ◽  
Vol 2 (1) ◽  
pp. 9
Author(s):  
Juliane Lopes Ferreira dos Santos ◽  
Denise Silva Matias ◽  
Nauana Nascimento Novais
Keyword(s):  
Control Measures ◽  
Scientific Paradigm ◽  
Scientific Debate ◽  
The Public ◽  
Emergency Situations ◽  
Biological Causation ◽  
The Media ◽  
The Subject ◽  
Official Sources ◽  
The Relationship

Introduction: In 2015 Brazil was surprised by an increase in the incidence of microcephaly, related by the Ministry of Health to Zika virus infection during pregnancy. This theme, which was notorious for public health, reached wide popular repercussion through the media. Objectives: To describe the presence of the scientific paradigm in the discourse of health professionals, researchers or journalists who inform the lay public about biological causation. Methodology: All the news made available on the digital platform of the Folha de São Paulo newspaper, containing the key term "Zika and microcephalia" and published between November 11, 2015 and March 4, 2016, was performed. Scientific elucidation on the subject. The news items were classified as to the presence of certainty or uncertainty about the relationship between Zika and microcephaly in their content and the central idea in the subject titles. Results: Of the 387 reports analyzed, 51.4% related Zika as a causal factor of microcephaly, while 32.8% considered the presence of uncertainty in the relationship. It was verified that the newspaper privileged subjects related to the repercussions due to the diseases, being predominant the report of control measures. Considering the origin of the news, it was significant the use of official sources, presented in 82% of the news. Conclusion: The scientific paradigm was disregarded, ignoring the uncertainty principle and the scientific debate. The limitations of both journalists and health managers were also demonstrated in the elaboration of an effective communication with the public in emergency situations.

scholarly journals Permanent Economic Emergency in Argentina and its Constitutional Implications

2021 ◽  
Vol 13 (2) ◽  
pp. 87
Author(s):  
Juan Santiago Ylarri
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Judicial Review ◽  
Emergency Situation ◽  
Two Dimensions ◽  
State Of Emergency ◽  
Court Of Justice ◽  
Legislative Delegation ◽  
The Subject ◽  
Broad Consensus

There is broad consensus among legal scholars about the existence of a permanent economic emergency in Argentina. This article examines the origin of the doctrine of economic emergency and its evolution in the Argentine Supreme Court of Justice decisions. Various regulatory devices implemented to face the economic crises are analyzed, and it is emphasized that the declaration of a state of emergency has not been made only by means of Congress formal legislation, but through the legislative powers of the President. The requirements for the validity of regulations of emergency are set forth in this article, including the actual existence of a state of emergency, a public interest, that the measure be reasonable, and the provisional nature of the emergency. Considering that courts have not exerted proper judicial review over the regulations of emergency, guideli¬nes to implement adequate judicial review over the subject at issue are presented. It is stated that the declaration of economic emergency and the factual circumstances underlying such declaration is a question subject to judicial review. In exercising the judicial review about this issue, two dimensions may be considered. First, timing, and, second, the correlation that must exist between a regulation —law, legislative delegation, or a decree of necessity and urgency— and the emergency situation it is intended to fight against. Finally, specific features of judicial review depending on the type of regulation that has declared the emergency are studied.

Emergency Laws in Comparative Constitutional Law – The Case of Sweden and Finland

2018 ◽  
Vol 19 (2) ◽  
pp. 219-250 ◽  
Author(s):  
Anna Jonsson Cornell ◽  
Janne Salminen
Keyword(s):  
Constitutional Law ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Emergency Powers ◽  
Starting Point ◽  
Comparative Constitutional Law ◽  
International Obligations ◽  
Fundamental Rights And Freedoms ◽  
Insight Into

Within Scandinavia, Sweden stands out for not having gone to war in over 200 years. Its neighboring states—Finland, Denmark, and Norway—have not been as fortunate. Their respective constitutions each provide insight into their different experiences. The Swedish Constitution remains silent on emergency situations that do not rise to the predefined level of “war.” The Finnish constitution differs from the Swedish in that it allows for time-limited restrictions to protect fundamental rights and freedoms during a state of emergency, aggression, or any other situation that poses a severe threat to the nation, if stipulated by law and in congruence with international obligations of Finland. Importantly, when and how a government can declare a state of emergency is a question of ordinary law, rather than a constitutional one. This Article offers a comparative constitutional law analysis of the relative constitutional silence in Sweden and Finland as concerns emergency powers. The analysis takes as its starting point Böckenförde'sThe Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances.

Constitutional Principles and Criminal Law

1993 ◽  
Vol 27 (1-2) ◽  
pp. 84-99 ◽  
Author(s):  
Mordechai Kremnitzer
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Judicial Review ◽  
Constitutional Law ◽  
Human Beings ◽  
New Era ◽  
Basic Law ◽  
Penal Law ◽  
The Subject ◽  
The Relationship

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.

scholarly journals Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

Legal Concept ◽  
2019 ◽  
pp. 43-49
Author(s):  
Rashit Nurmagambetov ◽  
Alexey Chermeninov
Keyword(s):  
Constitutional Law ◽  
Comparative Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Methodological Framework ◽  
Legal Basis ◽  
Legal Study ◽  
The Subject ◽  
The Individual ◽  
The Relationship

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

scholarly journals Sentenza 238/2014: EU Law and EU Values

2021 ◽  
pp. 209-213
Author(s):  
Bernardo Giorgio Mattarella
Keyword(s):  
Constitutional Law ◽  
Constitutional Court ◽  
Forum Shopping ◽  
European Law ◽  
Eu Law ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Mutual Relations ◽  
The Relationship ◽  
The Eu

AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.

Comparative Constitutional Law and Religion

2021 ◽  
Author(s):  
Julian Rivers ◽  
Keyword(s):  
Constitutional Law ◽  
Research Review ◽  
Original Research ◽  
Valuable Insight ◽  
World Religions ◽  
External Relations ◽  
Comparative Constitutional Law ◽  
The Subject ◽  
The Relationship

The study of comparative constitutional law and religion lies at the intersection of two relatively recent, but rapidly growing, scholarly fields: comparative constitutional law, and law and religion studies. The intersection between the two is natural and substantial, revealing the relationship between a state’s laws and religions and the tension between universalism and particularism generated by both modern constitutions and world religions. The potential complexity of internal and external relations within and between constitutions and religions is clear, and the powerful loyalties they evoke make their resolution particularly intractable. This original research review surveys 50 of the most significant scholarly works on the subject, offering valuable insight for everyone interested in the relationship between constitutional law and religion.

scholarly journals Main Mechanisms of Correlation between the Subjects of Constitutional Law

Lex Russica ◽  
2021 ◽  
pp. 33-45
Author(s):  
S. A. Vasiliev
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Common Goal ◽  
Individual Subject ◽  
Mechanical Element ◽  
The Subject ◽  
The Relationship ◽  
Ways Of Life ◽  
Law Making

The purpose of the paper is to systematize the main mechanisms of the correlation between the subjects of constitutional law and to describe the specifics of each mechanism. The correlation between the subjects of constitutional law means the relationship between the subject and something or someone else in view of its actions or states. If legal relations arise only within the framework of the normatively established rules of behavior, the interaction is also carried out by various subjects in the name of a single common goal, the interrelationship simply represents absolutely any relationship between the subjects, the correlation includes all the listed phenomena, bearing in mind still different ways of life, the emergence of legal relations. One of the sections of this doctrinal concept is the "mechanical" element -- how the participants in the relationship relate to each other, sometimes not directly entering into legal relations, but exerting mutual influence. This element is important both in determining the specific actions of an individual subject, and for building a general systematics of the behavior of subjects, regulated by law. At the same time, it is necessary to pay attention to the fact that the paper deals exclusively with the mechanisms of correlation of the subjects of constitutional law, which does not always fully comply with the norms of law and has nothing to do with the mechanism of legal regulation. It should also be noted that the author examines only the mechanisms that he considers to be main. And the logic of the presentation is to consider them in such a way that this theoretical construct forms the basis of law-making activity, when actual relationships are primerely taken into account, and only then into account are taken project ideas with the help of which these relationships are expected to be transformed.

scholarly journals Saudade of the constitution: The relationship between constitutional and criminal law in the European context

2019 ◽  
Vol 10 (1) ◽  
pp. 28-33
Author(s):  
Adán Nieto Martín
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Constitutional Law ◽  
Case Law ◽  
Constitutional Courts ◽  
European Context ◽  
European Union Countries ◽  
The Subject ◽  
Principle Of Proportionality ◽  
The Relationship

This article examines the relationship between the constitution and criminal law. The relationship between criminal law and constitutional law has been the subject of much attention by doctrine in several European Union countries. However, in view of the jurisprudence of the Constitutional Courts and the European Courts, they have not served to constitute an effective limit for the legislator. In particular, the article examines the case law relating to the principle of proportionality.

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