'Independence' and the judiciary in the PRC: Expectations for constitutional legality in China

2006 ◽  
pp. 252-268
Keyword(s):  
Constitutional Legality

Reconciling Rights and Obligations

2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Common Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Law System ◽  
Constitutional Legality ◽  
Human Rights Norms ◽  
Criminal Matters

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.

Reason of State/State of Reason

2018 ◽  
Author(s):  
Martin Loughlin
Keyword(s):  
Legal Reasoning ◽  
Modern State ◽  
Political World ◽  
Constitutional State ◽  
Distinct Category ◽  
Reason Of State ◽  
History Of ◽  
Constitutional Legality ◽  
Fundamental Law ◽  
Contemporary Practice

This chapter examines the history of political-legal reasoning. It suggests that this history begins in the Renaissance with the emergence of a doctrine of ‘reason of state’, a doctrine which was widely debated between the late-sixteenth and early-eighteenth centuries but remained contentious throughout. It argues that reason of state continued to exert an influence in the modern political world, but that that influence is complicated by changes in the nature and forms of government. Most importantly, the modern state presents itself as a constitutional state and once the constitution is established as ‘fundamental law’, whatever remains of reason of state discourse is subsumed under the idea of ‘constitutional legality’. Consequently, those elements of the doctrine that live on in contemporary practice no longer fall into a distinct category of reason of state; they have become a facet of the emergence of the modern ‘state of reason’.

scholarly journals Principles of the constitutional legality and unity of the legal space in the Russian legislation

2018 ◽  
Vol 63 (4) ◽  
pp. 497-501
Author(s):  
V. B. Evdokimov
Keyword(s):  
Russian Federation ◽  
Legal Space ◽  
Constitutional Legality ◽  
The Russian Federation

The article analyzes the principles that make up the constitutional legality and unity of the legal space in the Russian Federation. The role of Prosecutor’s authorities and judicial bodies in ensuring constitutional legality and unity of legal space in Russia is shown.

scholarly journals Het selectieve geheugen van de vader des vaderlands 44-43 v.Chr. in de Res Gestae

Lampas ◽  
2019 ◽  
Vol 52 (3) ◽  
pp. 349-376
Author(s):  
Jaap-Jan Flinterman
Keyword(s):  
Present Article ◽  
Political Career ◽  
Small Measure ◽  
Constitutional Legality ◽  
Res Publica

Summary The present article compares Augustus’ portrayal of the beginning of his political career, in Res Gestae 1-2, with what is otherwise known of the events mentioned or suppressed by the princeps in these chapters. He rewrote the story of his remarkable political acrobatics in 44-43 BCE so as to fit in with the ideology of the principate: a leadership embedded in constitutional legality and based on a consensus rooted in recognition of his extraordinary merits as alleged saviour of the res publica. In turning history into ideology, he profited in no small measure from the support he had received from Cicero during the earliest stage of his career.

scholarly journals Legal Nature And Specificity Of The Mechanism For The Implementation Of Constitutional Responsibility In Ukraine

2019 ◽  
pp. 48-62
Author(s):  
V.V. Knysh
Keyword(s):  
Legal Aspect ◽  
State Power ◽  
Legal Responsibility ◽  
Law And Order ◽  
Functional Aspects ◽  
Political Relations ◽  
Legal Nature ◽  
Legal Sanctions ◽  
Positive Perspective ◽  
Constitutional Legality

The problem of the implementation of constitutional responsibility of Ukraine has two main aspects: 1) the legal aspect, that is, the regulatory framework governing this type of responsibility; 2) organizational aspect - a system of measures aimed at implementing measures of constitutional legal responsibility. In Ukraine, there is a problem of both regulatory support and the implementation of organizational foundations in this area. That is why the problem of legal consolidation and implementation of the legal liability mechanism in Ukraine is relevant and practically significant. In connection with all of the above, the article is devoted to the essential and functional aspects of the implementation of constitutional responsibility in Ukraine. According to the author, the mechanism for the implementation of constitutional legal responsibility is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems), with the help of which the conscious use of their rights, fulfilment of obligations, compliance with prohibitions, and in the case of constitutional legal tort - the application of constitutional legal sanctions in order to ensure constitutional legality, discipline and the rule of law. The author also substantiates that, in our opinion, the following are the signs of the mechanism for implementing constitutional legal responsibility: 1) it is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems) 2) is aimed at ensuring the conscious use of constitutional legal relations by subjects (in vol. Ch. And state-power and state-political relations) of their rights, fulfilment of duties, compliance with prohibitions, which ensures the implementation nation, first of all, their positive (perspective) constitutional responsibility; 3) in the event that the above-mentioned entities commit constitutional law tortes, it is aimed at incarnating their negative (retrospective) constitutional responsibility in the form of constitutional legal sanctions; 4) the ultimate goal of the mechanism for implementing the constitutional legal responsibility of subjects of constitutional legal relations (including Ch. And state-power and state-political relations) is to ensure constitutional legality, discipline and law and order in their activities and in the constitutional relations of which they are subjects.

PIGS and Pearls: State of Economic Emergency, Right to Resistance and Constitutional Review in the Context of the Eurozone Crisis

ICL Journal ◽  
2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Andreas Dimopoulos
Keyword(s):  
Institutional Design ◽  
Constitutional Court ◽  
Eurozone Crisis ◽  
Strict Adherence ◽  
Social Unrest ◽  
Financial Measures ◽  
Constitutional Review ◽  
Legislative Authority ◽  
Constitutional Legality ◽  
The Right

AbstractTaking the financial crisis in Portugal, Italy, Greece and Spain, (commonly re­ferred to with the derogatory acronym PIGS), as backdrop to this analysis, the article claims that institutional design in Europe (focusing on Greece and Portugal in particular) has not addressed the state of economic emergency. This gap in institutional design, to­gether with the unpopularity of emergency austerity measures, raises serious doubts con­cerning their legitimacy and constitutionality.The article analyses two theoretical responses to this grey area of constitutional legality: the first one construes social unrest in Greece against austerity measures as a legitimate exercise of the right to resistance, entrenched in Art 120 of the Greek Constitution.The second response selected for analysis is the constitutional review of austerity meas­ures by the Portuguese Constitutional Court, which is presented as a robust example of successful constitutional review.The article argues that constitutional review with regards to emergency financial measures oscillates between strict adherence to the rule of law and deference to legislative authority in a time of economic crisis, thus raising serious doubts as to its efficiency and persuasive­ness. States of economic emergency should be addressed as an urgent matter of institu­tional design.

Transforming the “International Unsociety”: Towards Eutopia by Means of International Recognition of Peoples’ Representatives

2018 ◽  
Vol 60 (1) ◽  
pp. 451-480
Author(s):  
Isabelle Hassfurther
Keyword(s):  
Human Society ◽  
Human Beings ◽  
Shared Humanity ◽  
Normative Expectations ◽  
Adequate Representation ◽  
Constitutional Legality ◽  
The Right ◽  
The Mind ◽  
Point Of Departure

This paper proposes a criterion of legitimacy for recognition of governments as a contribution to the “revolution in the mind”, a procedural vehicle towards a transformed international society envisioned by Philip Allott in his latest work ‘Eutopia’. It is suggested that in order to promote a shift from mere State co-existence to Allott’s Eutopia – a unified and flourishing human society – the representatives participating in the international process of renegotiating common values and ideas must be chosen according to a criterion coinciding with this end, not based on effective territorial control. Against this background, different contemporary proposals for determining legitimacy of governments are discussed, none of which seem apt to designate those employing the central mediating function between inner-State societies and the international sphere. Neither constitutional legality nor imposing a system of democratic legitimation necessarily ensure adequate representation of the free choice of the peoples. By contrast, the right to political self-determination, understood as an entitlement to exercise public sovereignty and be represented by the chosen government, provides a point of departure for a criterion of legitimacy sufficiently respecting normative expectations of the distinct national societies. Beyond this relative component, however, the dual role of legitimacy on the international plane calls for certain additional criteria reflecting a prospective international society’s core values. Therefore, a regime’s commission of mass atrocities, violating ius cogens norms which prioritise human beings and their flourishing, invariably deprives it of legitimacy to participate in the international self-constituting. A criterion of legitimacy so understood – combining relative and absolute standards of legitimacy, thereby ensuring the representation of varying societies’ ideas while safeguarding certain international core standards – could facilitate a ‘transitory Eutopia’ of legitimate peoples’ representatives, ultimately serving as a catalyst towards Allott’s “shared humanity of all human beings”.

Problems of Judicial Protection of Social Rights of Citizens of the Russian Federation

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Людмила Андриченко ◽  
Lyudmila Andrichyenko
Keyword(s):  
Russian Federation ◽  
Social Rights ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
State Compensation ◽  
The Status ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
Judicial Protection

The article defines the methods for the protection of social rights of citizens of the Russian Federation, the most effective of which is recognized to be judicial protection. Primarily, attention is focused on the practices of the Constitutional Court of the Russian Federation with regard to the constitutional norms and principles relating to the protection of social rights of the Russian citizens, including equality, justice, state guarantees of the rights and freedoms of individuals and citizens, state compensation for damages caused by unlawful acts committed by state and municipal authorities acting in their official capacity. The article contains the analysis of the role of constitutional courts of the Russian Federation with regard to the protection of social rights. The decisions thereof do not only allow assess the status of constitutional legality in various regions, but also offer guidance for legislative and law enforcement bodies of state power of subjects of the Russian Federation and local self-government. The author notes that a great number of cases relating to the protection of fundamental social rights in courts of general jurisdiction is indicative of inefficiencies in the field of social rights of citizens.

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