CLASSIFICATION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS BY THE FUNCTIONS OF RIGHTS IN THE LEGAL SYSTEM OF GERMANY

2019 ◽  
pp. 389-398
Author(s):  
Olha Kosilova
Keyword(s):  
Legal System ◽  
Fundamental Rights ◽  
Fundamental Rights And Freedoms

The New Swiss Constitution: Foreign and International Influences

2002 ◽  
Vol 30 (2) ◽  
pp. 256-264 ◽  
Author(s):  
Walter Haller
Keyword(s):  
Comparative Analysis ◽  
French Revolution ◽  
Legal System ◽  
Fundamental Rights ◽  
Founding Fathers ◽  
Swiss Constitution ◽  
Advantages And Disadvantages ◽  
Fundamental Rights And Freedoms ◽  
The U.S ◽  
The French Revolution

The comparative analysis of diverse constitutional orders enables a more sophisticated evaluation of the advantages and disadvantages of different models and solutions. Quite often it also serves practical objectives, providing the impulse for improving our own legal system by carefully adopting institutions and procedures that have proven themselves elsewhere. In the case of the Swiss Constitution, the influence of thoughts and concepts developed during the French Revolution and by the Founding Fathers of the U.S. Constitution is quite obvious. More recently, international influences are most apparent in the field of fundamental rights and freedoms.

Is It Possible to Overrule a Constitutional Precedent in the Egyptian Legal System?

2021 ◽  
pp. 1-27
Author(s):  
Islam Ibrahim Chiha ◽  
Abdel Hafiz el-Shimy
Keyword(s):  
Public Opinion ◽  
Legal System ◽  
Fundamental Rights ◽  
Conservative Approach ◽  
Legal Certainty ◽  
Public Authorities ◽  
Legal Principles ◽  
Constitutional Protection ◽  
Fundamental Rights And Freedoms

Abstract This article examines the constitutionality of the Egyptian Supreme Constitutional Court’s (hereinafter SCC) authority to overrule its prior precedents. The authors argue, contrary to the assertions of the predominant conservative approach in Egypt, that bestowing the SCC with such an overruling power neither violates the Constitution nor undermines fundamental legal principles such as the principles of equality, legal certainty, or the justified expectations of litigants. Indeed, we make the argument that the Court’s ability to overrule its prior precedents seems to be the most conceivable and plausible way to correct the Court’s past mistakes or inaccuracies. We finally claim that endowing the court with such overruling power enhances the constitutional protection of fundamental rights and freedoms and strengthens the Court’s credibility not only via other public authorities, but also via public opinion.

scholarly journals Critical considerations regarding the limits of the power to revise the Romanian Constitution

2018 ◽  
pp. 11-31
Author(s):  
DAN CLAUDIU DĂNIȘOR
Keyword(s):  
Legal System ◽  
Critical Analysis ◽  
Fundamental Rights ◽  
Constituent Power ◽  
Form Of Government ◽  
Fundamental Rights And Freedoms

By starting from several principle considerations regarding the relations between the constituent power, the original and the derived constituent authority, I shall make a critical analysis of the limits of the power to revise the Constitution, such as they regulated in 1991 Constitution of Romania. The material limits of the revision raise certain problems in terms of necessity, clarity and, in the case of Republican form of government, of the validity of introduction into the legal system. The teleological limits which prohibit revisions that result in the suppression of fundamental rights and freedoms or their guarantees raise several definition problems, especially when the effect targeted by the constitutional interdiction is indirectly obtained. Finally, the limitation in exceptional situations betrays the lacunae of the Constitution of Romania in their definition, and in the case of the prohibition of revision in times of war, the contradictory historical experiences.

scholarly journals Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

2020 ◽  
Vol 20 (4) ◽  
pp. 439-448
Author(s):  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
The Stability ◽  
The One ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Democratic Transformation

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature. The author questions the possible and necessary limits of majority democratic will with regard to the transformation of the legal system, in general, and constitutional rights and freedoms, in particular. The article addresses some “points of tension” between democracy and the rule of law. Results. On the basis of the article, it is concluded that participation in the processes of democratic transformation of the legal system can be considered as a right to democracy and, in this understanding, it needs the search for a balance with other fundamental rights and freedoms. It is on the basis of this balance that the legal certainty of the individual must be ensured, combining, on the one hand, the stability of the substantive characteristics of fundamental rights and freedoms, and, on the other hand, the expansion of legal claims and the evolution of human rights.

scholarly journals Criteria for Recognition of AI as a Legal Person

2019 ◽  
Vol 12 (3) ◽  
pp. 105
Author(s):  
Roman Dremliuga ◽  
Pavel Kuznetcov ◽  
Alexey Mamychev
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
The United States ◽  
Fundamental Rights ◽  
Theory And Practice ◽  
Legal Person ◽  
Human Beings ◽  
Legal Personality ◽  
Legal Personhood ◽  
Fundamental Rights And Freedoms

This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood. Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

scholarly journals UKRAINE ON THE WAY OF INTEGRATION TO THE EUROPEAN COMMUNITY

2020 ◽  
pp. 170-191
Author(s):  
Serhij Zdioruk
Keyword(s):  
Fundamental Rights ◽  
The Body ◽  
National Interests ◽  
Religious Influence ◽  
Electoral Laws ◽  
Historical Retrospect ◽  
Hybrid War ◽  
Effective Organization ◽  
Fundamental Rights And Freedoms ◽  
Ukrainian Society

The article analyzes the problems of political and religious influence of Russia on the formation of the Ukrainian state in historical retrospect and in modern conditions of hybrid war. Europe wants to see the civilized Ukraine, based on the primacy of law, sustainable development, values of democracy and freedom for all citizens without exception. It is not only about political and economic aspects, but also about spiritual and cultural ones. Constituting the Local Ukrainian Orthodox Church is a powerful spiritual and ideological pillar of the Ukrainian State in building a democratic society, strengthening its image in the world. With the above in view and under the described situation the issue of fast integration of Ukraine into the European and world community becomes more urgent. Religion plays a significant role in this process, which is so important to regulate by the legislation. Thus we see the need for continued reform of the Ukrainian legal system starting from the fundamental political system governed by the Constitution of Ukraine, electoral laws and in particular the body of laws governing the fundamental rights and freedoms of the citizens of Ukraine. The article suggests some high priority measures aimed on creation of conditions for realization of integrative opportunities of religious factors. The proposals provide concrete and effective tools, the implementation of which is aimed at neutralizing the threats of «russkiy mir» in Ukrainian society and formulates recommendations for effective organization of political and legal mechanisms to protect national interests and strengthen national security of Ukraine.

scholarly journals URBAN VIOLENCE, PRISON CONDITIONS AND HUMAN DIGNITY

2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Prison Population ◽  
Current Level ◽  
Fundamental Rights ◽  
Prison Inmates ◽  
Urban Violence ◽  
Human Beings ◽  
Brazilian Society

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 

Sign in / Sign up

Export Citation Format

Share Document