Zasada jawności a uzasadnienie orzeczenia Trybunału Konstytucyjnego

2014 ◽  
pp. 87-97
Author(s):  
Aleksandra Syryt
Keyword(s):  
Constitutional Law ◽  
Fair Trial ◽  
Public Debate ◽  
Public Hearing ◽  
The Public ◽  
Democratic State ◽  
Constitutional Tribunal ◽  
Fair Procedure ◽  
Arbitrary Action

The Constitutional Tribunal is called a “court of law”. The proceedings before that body of law must meet the requirements of a fair procedure. Guarantee of a fair trial is its openness and transparency. Openness and transparency is implemented for example by public hearing or through the publication of decisions of this body in the appropriate set of official. The principle of openness is implemented by justify rulings of Constitutional Tribunal which contain specific reasons of taking the decision. Justification of a ruling protects against arbitrary action of the Constitutional Tribunal. A justification of a ruling is an admissible voice of Constitutional Tribunal in the public debate. Openness and transparency implemented by justification of decisions of the Constitutional Tribunal allows to build the authority of that body in the country. Matters which are in the judgments can be informative and educational. Way of describing the issues in the justifications of rulings can also trendsetting understanding of certain bodies of constitutional law in a democratic state ruled by law.

Die Herausforderungen der digitalen Kommunikation für den Staat und seine demokratische Staatsform | The Challenges of Digital Communication for the State and its Democratic State Form | Les défis de la communication numérique pour l’État et sa forme démocratique

2021 ◽  
Keyword(s):  
Social Communication ◽  
Constitutional Law ◽  
Theory And Practice ◽  
Public And Private ◽  
Supreme Courts ◽  
Digital Revolution ◽  
The Public ◽  
Democratic State ◽  
Points Of View ◽  
State Form

Constitutional law must integrate the changes in the structure of social communication in the course of the digital revolution into the edifice of constitutional law and general constitutional doctrine, just as it must integrate the increasing dehumanisation of decisions by algorithms and artificial intelligence in both the public and private law spheres. The discussion on these multi-layered and complicated issues were lively debated by experts from theory and practice at the Societas Iuris Publici Europaei (SIPE) conference. Another topic of the conference was the acceptance of the primacy of Union law by the national supreme courts and the question of whether and how a convergence of the different points of view would be possible here.

scholarly journals O substancialismo jurídico na administração pública concretista de direitos fundamentais: a juridicidade administrativa como instrumento de justiça constitucional | Legal “substantialism” in public administration concretist of fundamental rights: The administrative legality as a constitutional instrument of Justice

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 304
Author(s):  
Sandro Lúcio Dezan ◽  
Ricarlos Almagro Vitoriano Cunha
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Constitutional Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
The Public ◽  
Democratic State ◽  
Constitutional Justice ◽  
Initial Line

Resumo: o presente texto tem por finalidade definir o papel da Administração Pública na interpretação e na aplicação do texto constitucional, no que respeita à concreção de direitos fundamentais em países de modernidade tardia, sob o amparo da tensão existente entre o que se denominou de procedimentalismo e de substancialismo jurídico. Busca-se, em linhas iniciais abordar os contornos da tendência de legitimação da função jurídica administrativa de caráter constitucional contramajoritário, a aferir uma nova e importante tarefa ao Estado-executivo, para além de sua comum concepção de “fiel executor da lei”, de modo a concluir que a justiça constitucional envolve a jurisdição (por meio do Poder Judiciário) e a juridicidade (por meio da Administração Pública). Sob essa última perspectiva, busca-se assinalar que a aplicação e concreção do direito também é tarefa da Administração Pública, no âmbito de sua função atípica decisional, ditada pelo próprio texto constitucional, legitimador e impositivo das ações valorativas substanciais no âmbito do Estado Democrático de Direito. Palavras-chave: Direito Constitucional. Direito Administrativo. Democracia. Princípio da juridicidade administrativa. Procedimentalismo. Substancialismo. Abstract: The purpose of this text is to define the role of the Public Administration in the interpretation and application of the constitutional text with regard to the realization of fundamental rights in countries of late modernity, under the protection of the tension between what was called “proceduralism” and “legal substantiality”. In an initial line, it seeks to address the contours of the tendency to legitimize the administrative-legal function of a countermajoritarian constitutional character, to assess a new and important task for the Executive State, in addition to its common conception of "faithful executor of the law". In order to conclude that constitutional justice involves jurisdiction (through the Judiciary) and “juridicialism” (through Public Administration). Under this latter perspective, this paper points out that the application and the scope of its atypical decision-making function, dictated by the constitutional text itself, legitimating and imposing substantial value actions within the Democratic State of Law. Keywords: Administrative Law. Constitutional Law. Democracy. Principle of administrative juridicialism. Proceduralism. Substantialism.

scholarly journals Brexit and Scotland: Centralism, Federalism or Independence?

2018 ◽  
Vol 26 (4) ◽  
pp. 616-647
Author(s):  
Andreas Rahmatian
Keyword(s):  
Intellectual History ◽  
Constitutional Law ◽  
Public Debate ◽  
The Public ◽  
The Future ◽  
The Uk ◽  
The Relationship ◽  
The Eu

The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain. This article takes the unorthodox approach of focusing on legal and intellectual history rather than British constitutional law, because in this way one obtains a better understanding of the present British constitutional framework in the context of Europe. The discussion is from a continental European viewpoint and through the eyes of a private and commercial lawyer. The completely different understanding of Britain and Europe about the nature of a constitution and the structure of a state becomes more apparent with Britain’s departure from the EU, which may also influence the future national cohesion of the UK itself, particularly the relationship between England and Scotland after Brexit.

The SORS Decision-Making Support System: A statistical tool for better policy making in the Republic of Serbia

2021 ◽  
pp. 1-11
Author(s):  
Miladin Kovačević ◽  
Katarina Stančić
Keyword(s):  
Policy Making ◽  
Modern Society ◽  
Monitoring And Evaluation ◽  
Public Debate ◽  
Statistical Tool ◽  
The Public ◽  
System A ◽  
The Republic ◽  
Trusted Data

Modern society is witnessing a data revolution which necessarily entails changes to the overall behavior of citizens, governments and companies. This is a big challenge and an opportunity for National Statistics Offices (NSOs). Especially after the outbreak of COVID-19, when the public debate about the number of mortalities and tested and infected persons escalated, trusted data is required more than ever. Which data can modern society trust? Are modern societies being subjected to opinion rather than fact? This paper introduces a new statistical tool to facilitate policy-making based on trusted statistics. Using economic indicators to illustrate implementation, the new statistical tool is shown to be a flexible instrument for analysis, monitoring and evaluation of the economic situation in the Republic of Serbia. By taking a role in public policy management, the tool can be used to transform the NSO’s role in the statistical system into an active participant in public debate in contrast to the previous traditional, usually passive role of collecting, processing and publishing data. The tool supports the integration of statistics into public policies and connects the knowledge and expertise of official statisticians on one side with political decision makers on the other.

scholarly journals Re-defining gender as a heinous crime: A case study from the Brazilian Chamber of Deputies

2020 ◽  
pp. 095792652097721
Author(s):  
Janaina Negreiros Persson
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Gender Ideology ◽  
Critical Discourse ◽  
Public Hearing ◽  
Rhetorical Invention ◽  
Social Actors ◽  
The Public ◽  
The Core

In this article, we explore how the discourses around gender are evolving at the core of Brazilian politics. Our focus lies on the discourses at the public hearing on the bill 3.492/19, which aimed at including “gender ideology” on the list of heinous crimes. We aim to identify the deputies’ linguistic representation of social actors as pertaining to in- and outgroups. In addition, the article analyzes through Critical Discourse Analysis how the terminology gender is represented in this particular hearing. The analysis shows how some of the conservative parliamentarians give a clearly negative meaning to the term gender, by labeling it “gender ideology” and additionally connecting it with heinous crimes. We propose that the re-signification of “gender ideology,” from rhetorical invention to heinous crime, is not only an attempt to undermine scientific gender studies but also a way for conservative deputies to gain more political power.

scholarly journals Trusting the Corona-Warn-App? Contemplations on trust and trustworthiness at the intersection of technology, politics and public debate

2021 ◽  
pp. 026732312110283
Author(s):  
Judith Simon ◽  
Gernot Rieder
Keyword(s):  
Technology Development ◽  
Public Debate ◽  
Lessons Learned ◽  
Initial Development ◽  
The Public ◽  
Public Debates ◽  
Moral Duties ◽  
Moral Demands

Ever since the outbreak of the COVID-19 pandemic, questions of whom or what to trust have become paramount. This article examines the public debates surrounding the initial development of the German Corona-Warn-App in 2020 as a case study to analyse such questions at the intersection of trust and trustworthiness in technology development, design and oversight. Providing some insights into the nature and dynamics of trust and trustworthiness, we argue that (a) trust is only desirable and justified if placed well, that is, if directed at those being trustworthy; that (b) trust and trustworthiness come in degrees and have both epistemic and moral components; and that (c) such a normatively demanding understanding of trust excludes technologies as proper objects of trust and requires that trust is directed at socio-technical assemblages consisting of both humans and artefacts. We conclude with some lessons learned from our case study, highlighting the epistemic and moral demands for trustworthy technology development as well as for public debates about such technologies, which ultimately requires attributing epistemic and moral duties to all actors involved.

Social inclusion, a challenge for deliberative democracy? Some reflections on Habermas’s political theory

2020 ◽  
pp. 136843102098378
Author(s):  
Isabelle Aubert
Keyword(s):  
Public Sphere ◽  
Political Theory ◽  
Social Inclusion ◽  
Public Debate ◽  
The Public ◽  
Iris Marion Young ◽  
Alexander Kluge ◽  
The Public Sphere ◽  
Nancy Fraser ◽  
Theory Of Democracy

This article explains how the issue of inclusion is central to Habermas’s theory of democracy and how it is deeply rooted in his conception of a political public sphere. After recalling Habermas’s views on the public sphere, I present and discuss various objections raised by other critical theorists: Oskar Negt and Alexander Kluge, Nancy Fraser, Axel Honneth and Iris Marion Young. These criticisms insist on the paradoxically excluding effects of a conception of democracy that promotes civic participation in the public debate. Negt, Kluge and Fraser develop a Marxist line of analysis that question who can participate in the public sphere. Honneth and Young criticize in various ways the excluding effect of argumentation: are unargumentative speeches excluded from the public debate? I show how Habermas’s model can provide some responses to these various objections by drawing inspiration from his treatment of the gap between religious and post-metaphysical world views.

100 Years of State Pension: Learning from the Past

2009 ◽  
Vol 15 (3) ◽  
pp. 483-501
Keyword(s):  
Financial Reporting ◽  
Public Interest ◽  
Public Debate ◽  
The State ◽  
The Public ◽  
The Past ◽  
Tangible Evidence ◽  
State Pension

The President (Mr R. S. Bowie, F.F.A.): Tonight's topic is ‘100 years of state pension: — learning from the past’. I am reminded of the expression: why are the bankers so keen to find new ways of losing money when the old ways seem to have worked perfectly well!The state pension has been going in a recognisable form for only 100 years and only for the last 60 as a universal pension; and only for the last 30 years in the form that we all might recognise today.If the Actuarial Profession can bring value to something from the past, it is to bring a perspective and a context to it so that we can learn from it. In this way, the Profession can create an informed climate within which public debate on matters of public interest can take place. As you will all know, the Financial Reporting Council are pressing the Profession hard to give tangible evidence of its commitment to the public interest, and this book falls into that category, creating an informed background for debate on a matter of huge public interest.

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