The Normative Status and Relationship of Personal Right and Freedom of Speech in the Constitutional System - Focusing on the Scope of Fundamental Right of the Commercial Advertisement -

Istanbul Think-House (IDE), a self-supported independent research center thatpromotes the free circulation of ideas, analyzed “Islamism in the Post-ArabSpring World” during its October 24-26, 2014, international conference. IstanbulUniversity’s Political Science Faculty Alumni Association and the Associationfor Human Rights and Solidarity with the Oppressed (MAZLUMDER)hosted the event on their premises.In his opening remarks on Friday morning, conference co-chair and IDE’sgeneral coordinator Halil Ibrahim Yenigun (Istanbul Commerce University)introduced IDE and explained its vision of (1) producing and circulating ideaswithout depending on big capital and political power centers and (2) concentratingsolely on the good of humanity, especially that of the subaltern. IDE isthe outgrowth of national conferences on Islamism held during 2012-13, thefirst event of which had sparked an almost year-long debate in Turkey aboutthe revival of Islamism.The morning panel, “New Islamisms,” dealt with with important theoreticalarguments. Gökhan Sümer (University of Essex) began with a central debateon how to reconcile the constitutional system and the Shari‘ah bybroaching such questions as to whether democratic constitutions ensuring thebasic rights and freedoms could have been passed after the Arab Spring andwhat is Islam’s normative status in these new constitutions. He said that such ...

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POLOŽAJ VLADE U USTAVNO-PRAVNOM SISTEMU REPUBLIKE SRBIJE

USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9 ◽

10.46793/upssix.201k ◽

2021 ◽

pp. 201-213

Author(s):

Anika Kovačević ◽

Keyword(s):

Separation Of Powers ◽

The State ◽

Executive Power ◽

Control Mechanisms ◽

State Administration ◽

The Republic ◽

The Government ◽

Constitutional System ◽

And Control ◽

Relationship Of

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.

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PEMBAGIAN KEWENANGAN PEMERINTAH PUSAT-PEMERINTAH DAERAH DALAM OTONOMI SELUAS-LUASNYA MENURUT UUD 1945

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v9no4.613 ◽

2016 ◽

Vol 9 (4) ◽

Author(s):

Abdul Rauf Alauddin Said

Keyword(s):

Local Government ◽

Local Governments ◽

Central Government ◽

Legal Authority ◽

Government Action ◽

Legitimate Power ◽

The Republic ◽

Constitutional System ◽

Relationship Of ◽

The Relationship

The concept of the relationship of authority between central and local governments within the unitary state of Indonesia in the context of the widest possible autonomy based on the Constitution of 1945. Whereas, the Republic of Indonesia as a state of law is based on constitutional system so that in every action of law concerning the concept of the relationship between central and local authorities should be established through legislation, whereas in juridical manner of authority is a right and legal authority of government. So, in the concept of the legal state (rechtstaat) all of government action that came from their authority should be based on legality principle. Therefore, the authority which is one form of power has legitimacy (validity), which will be the relationship that authority has a legitimate power. In the legislation related of the division of authority between central government and local government that regulated in Law Number 23 of 2014 on local government is clearly not reflect autonomy broad. Keywords:Authority, Local Government, Autonomy

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POLITICAL PLURALISM: NOTION, CONCEPTUAL AND INTERPRETATIVE FORESHORTENING

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-4-32-37 ◽

2020 ◽

Vol 10 (4) ◽

pp. 32-37

Author(s):

VALERIA GELUNENKO ◽

◽

SERGEY ANDREEV

Keyword(s):

Direct Democracy ◽

Freedom Of Expression ◽

Freedom Of Speech ◽

Constitutional Court ◽

Political Pluralism ◽

Democratic State ◽

Political Interests ◽

Political Freedoms ◽

Constitutional System ◽

The Right

In order to reveal the content of political pluralism, the article considers conceptual, conceptual and interpretative approaches to its definition in the context of constitutional relations with the foundations of the constitutional system, constitutional values, freedom of speech and expression. It is revealed that the absence of the term “political pluralism” in the constitutional text of Russia is made up for by its disclosure through the interpretation of the related principles of “ideological diversity”, “political diversity” and “multiparty”. It is this perspective of the study of political pluralism that helps to justify it as the basis of the constitutional system of Russia. It is noted that since freedom of speech and expression are associated primarily with political freedoms, they are most logically associated with political pluralism. It is proved that the latter implies the presence of citizens in society who have their own interests, adhere to different views on the development of the state and society and unite on this basis in groups, as well as finding a compromise between them based on common ideals and values when solving issues of national importance. The analysis of the motivational part of the decisions of the constitutional Court of the Russian Federation served to reveal the content of political pluralism. The authors concluded that the structure of political pluralism consists of political diversity, freedom of speech, freedom of expression, and political compromise. As a generalization, the authors noted that the principle of political pluralism is revealed by this body through guarantees of political diversity and the possibility of finding a compromise of political interests at the level of the Parliament. In addition, it was stressed that the principle of political diversity in a democratic state is ensured through the functioning of such institutions of direct democracy as freedom of speech, free elections, freedom of peaceful public events, the right to Association and freedom of their activities, including political parties. It is concluded that the coordination of political interests should be provided by parliaments of various levels.

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The Freedom of Speech of Religious Communities and their Protection from Freedom of Speech in the Hungarian Legal System

Religion and Human Rights ◽

10.1163/18710328-12341241 ◽

2013 ◽

Vol 8 (1) ◽

pp. 23-42

Author(s):

András Koltay

Keyword(s):

Legal System ◽

Legal Status ◽

Freedom Of Expression ◽

Freedom Of Speech ◽

Religious Communities ◽

Religious Activities ◽

New Churches ◽

The Media ◽

Constitutional System

Abstract In keeping with the general European conception of freedom of speech, the Hungarian legal system achieves an appropriate balance between the interests vested in the protection of religious communities and the freedom of expression. In itself the injury, the feeling of hurt caused by criticism or even vilification of religion does not provide adequate grounds for the restriction of speech (an exception from this is the prohibition applicable to commercial communications published in the media). The new constitutional system has not changed this approach. The relevant passages of the new Churches Act are primarily declarative in nature. When examining these provisions which, at first sight, appear to give preference to churches over associations performing religious activities in a broader context, it becomes apparent that, in respect of the freedom of speech of religious communities as well as the protection of such communities from the freedom of speech, no distinction is made between these two types of organisation, the legal status of which are otherwise different.

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Precedente constitucional e constitucionalismo político: um estudo comparado do precedente a partir da constituição britânica

Teoria Jurídica Contemporânea ◽

10.21875/tjc.v1i2.8505 ◽

2017 ◽

Vol 1 (2) ◽

pp. 214

Author(s):

Lucas Henrique Muniz da Conceição

Keyword(s):

United Kingdom ◽

Critical Analysis ◽

State Power ◽

Democratic Values ◽

Critical Perspective ◽

The United Kingdom ◽

Constitutional System ◽

Relationship Of

RESUMO:O presente artigo analisa a perspectiva crítica do constitucionalismo político, no Reino Unido, em conluio com a consideração dos precedentes enquanto fonte normativa. Dessa forma, busca-se fomentar a análise crítica do precedente constitucional no paradigma brasileiro, assim como as repercussões institucionais que envolvem não só o poder Judiciário, mas também o Poder Legislativo e Executivo na definição de sentido e interpretação da Constituição. Desta feita, argumenta-se por uma relação construtiva de direitos entre os poderes do Estado que tenha por base os valores democráticos que estão na raiz do sistema constitucional brasileiro.ABSTRACT:This article analyzes the critical perspective of political constitutionalism in the United Kingdom and considers the role of precedents as a normative source. It seeks to promote a critical analysis of the constitutional precedent in the Brazilian context, as well as the institutional repercussions that involve not only the Judiciary but also the Legislative and Executive Powers in the definiton and interpretation of the Constitution. This paper argues in favor of a constructive relationship of rights between the branches of State power based on the democratic values that are at the heart of the Brazilian constitutional system.

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Value of the constitutional teleology and constitutional legitimacy of the political and ideological diversity (pluralism): doctrine and practice

Russian Journal of Legal Studies ◽

10.17816/rjls18049 ◽

2015 ◽

Vol 2 (3) ◽

pp. 80-99

Author(s):

I A Kravets

Keyword(s):

Legal System ◽

Party System ◽

The Political ◽

Political Pluralism ◽

Legal Nature ◽

Constitutional System ◽

Relationship Of ◽

The Relationship ◽

Constitutional Legitimacy

The article examines the legal nature and mission the constitutional teleology, the role of teleological function of the constitution in the Soviet and modern Russian legal system, the concept and types of constitutional legitimacy, the relationship of constitutional legitimacy and political and ideological foundations of the constitutional system, the nature and limitations of the principles of political pluralism, multi-party system and ideological pluralism.

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The Normative Status and Existenceguarantee of Property in the Constitutional System

Korean Constitutional Law Association ◽

10.35901/kjcl.2021.27.3.207 ◽

2021 ◽

Vol 27 (3) ◽

pp. 207-248

Author(s):

Chan Kwon Park

Keyword(s):

Constitutional System ◽

Normative Status

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On the Issue of the Signs of Socio-Economic Constitutionalism

Juridical Science and Practice ◽

10.25205/2542-0410-2020-16-2-33-40 ◽

2020 ◽

Vol 16 (2) ◽

pp. 33-40

Author(s):

Evgeniya V. Razdieiakonova

Keyword(s):

Economic Status ◽

Well Being ◽

Economic Rights ◽

The Social ◽

Constitutional System ◽

The Individual ◽

Effective Development ◽

Relationship Of ◽

The Relationship ◽

Economic Foundations

The study on the signs of socio-economic constitutionalism addresses only certain aspects of this broad issue. The article says that the Constitution of the Russian Federation lays down the potential of a socially oriented economy, examines the relationship of the social and economic foundations of the constitutional system with the foundations of the socio-economic status of the individual and the problems of the country's economic development. The scientific novelty of the study lies in the fact that the significance of constitutional values in the context of socioeconomic constitutionalism during the economic crisis is indicated, a correlation is established between the effective development of a socially-oriented economy and the implementation of constitutional norms that enshrine the principles and guarantees of socio-economic rights as basic guidelines, not fully implemented. The scientific result of the study was the proposal of the need to develop and implement a state standard of social well-being. In connection with the use of such a standard, law enforcement practice may in the future contribute to positive shifts in Russian socio-economic constitutionalism in the context of the formation of answers to the challenges of globalization.

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The Internationalization of Judicial Review in the Colombian High Courts

Constitutional Review ◽

10.31078/consrev511 ◽

2019 ◽

Vol 5 (1) ◽

pp. 001

Author(s):

Juan Sebastián Villamil Rodriguez

Keyword(s):

Human Rights ◽

International Law ◽

The State ◽

Constitutional Court ◽

State Council ◽

National Courts ◽

High Courts ◽

Constitutional System ◽

Relationship Of ◽

The Relationship

The internationalization of adjudication in the Colombian high court refers to the growing importance that the American Convention on Human Rights has gained among the judicial forums of this country, but especially to the phenomenon that occurs when national judiciaries implement and appropriate the doctrine of the control of conventionality. The Convention has claimed a high ground in the Colombian constitutional system due to the appropriation of international law by national courts decisions, and to the process of the internationalization of the law. By consistently applying the control of conventionality doctrine, courts like the State Council have reaffirmed the binding nature and the effectiveness of the decisions of the Inter-American Court of Human Rights for the Colombian legal system. In contrast to a much more regressive posture assumed by the Constitutional Court in recent decisions, the State Council, drawing on the legal contents of international law, has broadened the range of legal sources for rights interpretation in Colombia. By this action, as it will be further stated in this article, the State Council has contributed to a move away from a paradigm of a legalism based solely on the state sovereignty and national constitutionalism, towards one that endorses the pluralist structure of post-national law. Against this background, this article aims to discuss how the relationship of national judiciaries with international law is best understood as reflecting the development of a pluralist legal dynamic, sometimes referred to as jurisprudential dialogue, that involves the broadening of the normative horizon and the internationalization of the sources available for national judges in their reasoning; particularly in the cases that involve human rights violations.

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