scholarly journals The Importance of Full Constitutional Complaint as the Eff ective Mechanism for Restoring Human Rights in Constitutional Justice

Law and World ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 52-57
Keyword(s):  
Human Rights ◽  
Best Practices ◽  
Constitutional Court ◽  
Court Cases ◽  
Constitutional Justice ◽  
Responsible Governance

The report is related to pointing out the advantages of full constitutional complaint and its peculiarities and characteristics. The model of full constitutional complaint contributes to the principle of responsible governance and relevant authorities. Among other advantages, full constitutional complaint is the important instrument that contributes to make courts’ best practices come together and share the experience. Establishing of the full constitutional complaint will contribute in order to increase human rights sensitivity and human rights approach in general courts system while discussing and deciding individual court cases. Besides, the full individual constitutional complaint mechanism will contribute to provoking interest towards Constitutional Court justice.

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.

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 Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights

2018 ◽  
Vol 5 (1) ◽  
pp. 167-180
Author(s):  
I A Kravets
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Protection Of Human Rights ◽  
International Obligations ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Theoretical Foundations

The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of man and citizen.

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.

scholarly journals THE CONSTITUTIONAL COURT IN THE MECHANISM OF DOMESTIC REMEDIES IN STATES WITH DIRECT ACCESS TO CONSTITUTIONAL JUSTICE: OPERATIONAL AND ECONOMIC ASPECTS

2020 ◽  
Vol 6 (1) ◽  
pp. 18
Author(s):  
Iryna Berestova ◽  
Galyna Yurovska
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
International Standards ◽  
Direct Access ◽  
Constitutional Court ◽  
Constitutional Review ◽  
Constitutional Justice

This article studies the legal status and the performance of the Constitutional Court (hereinafter referred to as the CC). The experience of States with direct access to a body of constitutional jurisdiction enables to distinguish the CC's position in the system of State jurisdictions (with particular economic justification of its activity) and to substantiate its role in the mechanism of domestic remedies. The aim of the article is to reveal the CC's place in the mechanism of domestic remedies of States with centralized constitutional review and direct access to constitutional justice on the part of effective protection of the applicants’ rights and the state budget in the formation of judicial remedies. Methodology. The leading methods of the article are correlation, comparativelegal, dialectical and technical logic methods of research, etc. They enable to compare and contrast international standards in the field of legislation of different European States, to reveal the nature of constitutional and legal conflicts and specifics of the constitutional procedure for the CC’s cases. These problems are also investigated using the method of synthesis of financial justification of the activities of the bodies of constitutional jurisdiction and the effectiveness of the results of their activities in the protection of rights and freedoms of an individual and a citizen. This enables to formulate further development and suggestions for improving the legal regulation of the CC’s activities in the States that have recently begun to implement this instrument of protecting constitutional human rights and freedoms. The key results of the study. It is proven that the CC is a specific body that is the last at the national level to exercise exceptional special powers aimed at protecting human rights and fundamental freedoms. The role of the CC in the system of domestic remedies is revealed. The CC is an autonomous body of constitutional jurisdiction with a constitutional status, independent of the executive and legislative branches. It is substantiated that the CC is factually affiliated to the judicial authorities engaged in jurisdiction. It is proven that the CC's activities are characterized by judicial independence, combined with the powers of the CC judges to decide legal matters within its constitutional jurisdiction. Cases are judicial in nature, and the CC considers them on the rule of law. The decisions adopted shall be mandatory (binding) and shall not be altered by other branches of government. The main functions of the body of constitutional jurisdiction are distinguished into quasi-judicial, cognitive and evaluative, harmonizing. The consistent universal approach of the European Court of Human Rights (hereinafter referred to as ECHR) states that the notion of "court" does not necessarily mean classical jurisdiction, integrated into the judicial system of the state. Finally, the article proves the requirement of recognizing the CC as a “court established by law” essentially and functionally. Consistent approaches and criteria for defining the notion of "court established by law" formulated by the UN Committee on Human Rights and the ECHR's case-law prove that the CC can be identified as the last mandatory domestic remedy before applying to international judicial institutions, subject to the criterion of an effective remedy, formulated by the ECHR's caselaw during proceedings in the CC.

scholarly journals Constitutional Justice of Russia within the judicial landscape of contemporary Europe

2017 ◽  
pp. 21-44
Author(s):  
Marianna Abramova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Point Of View ◽  
Judicial System ◽  
Constitutional Court ◽  
Council Of Europe ◽  
European Court ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
National Systems

The Russian Federation became a member of the Council of Europe in 1996. This step determined the development of Russia’s judicial system for the coming several decades and made it possible for Russia’s national system of law to integrate into judicial landscape of Europe, thereby enabling Russia to uphold democratic values. The emergence of new legislation affected all branches of Russia’s system of law. But the experience of the two decades has demonstrated that such modernization can be effective only by way of dialogue rather than by simple copying and implementing international rules. An important role in this process was played by the Constitutional Court of the Russian Federation (RF) that was founded in 1991. The paper reviews the role it played in the 1993 Constitutional crisis, examines the Court’s structure and powers, and also analyzes the juridical nature of its decisions. The Author analyzes the collisions between decisions handed down by the European Court of Human Rights and the Constitution of Russia from the point of view of the stand taken by the Constitutional Court of the RF. In the¿ end, the Author arrives at the conclusion that there is a need for a dialogue among European and national systems of justice with the help of filtration mechanisms and multilevel constitutionalism.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

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