Comparative Constitutional Law and Religion

2021 ◽  
Author(s):  
Julian Rivers ◽  
Keyword(s):  
Constitutional Law ◽  
Research Review ◽  
Original Research ◽  
Valuable Insight ◽  
World Religions ◽  
External Relations ◽  
Comparative Constitutional Law ◽  
The Subject ◽  
The Relationship

The study of comparative constitutional law and religion lies at the intersection of two relatively recent, but rapidly growing, scholarly fields: comparative constitutional law, and law and religion studies. The intersection between the two is natural and substantial, revealing the relationship between a state’s laws and religions and the tension between universalism and particularism generated by both modern constitutions and world religions. The potential complexity of internal and external relations within and between constitutions and religions is clear, and the powerful loyalties they evoke make their resolution particularly intractable. This original research review surveys 50 of the most significant scholarly works on the subject, offering valuable insight for everyone interested in the relationship between constitutional law and religion.

Constitutional Principles and Criminal Law

1993 ◽  
Vol 27 (1-2) ◽  
pp. 84-99 ◽  
Author(s):  
Mordechai Kremnitzer
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Judicial Review ◽  
Constitutional Law ◽  
Human Beings ◽  
New Era ◽  
Basic Law ◽  
Penal Law ◽  
The Subject ◽  
The Relationship

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.

scholarly journals Uporedno ustavno pravo u delu Miodraga Jovičića

2021 ◽  
pp. 48-66
Author(s):  
Dragoljub Popović
Keyword(s):  
Constitutional Law ◽  
Original Method ◽  
World Scientific ◽  
Salient Points ◽  
Comparative Constitutional Law ◽  
The World ◽  
The Subject ◽  
The University

Professor Miodrag Jovičić (1925–1999) was the most renowned and prolific Serbian academic in the field of comparative constitutional law. He received his LLB and PhD in law from the University of Belgrade and seldom went abroad for further studies. Although he was strongly influenced by certain French authors, his main source of inspiration was the work of Slobodan Jovanović. Politically marginalized, Jovičić used his research of comparative constitutional law as an escape from reality and the circumstances in his country. Jovičić’s work did not rely on an original method of research. On the contrary, he remained faithful to the methods developed by the mainstream of the world scientific and law community. The apogee of his work was the book Great Constitutional Systems, in which he presented his views on the subject in a systematic and synthetic way. This article presents Jovičić’s method of work and the salient points of his theoretical endeavors, as well as elaborating on his intellectual influences.

scholarly journals Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

Legal Concept ◽  
2019 ◽  
pp. 43-49
Author(s):  
Rashit Nurmagambetov ◽  
Alexey Chermeninov
Keyword(s):  
Constitutional Law ◽  
Comparative Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Methodological Framework ◽  
Legal Basis ◽  
Legal Study ◽  
The Subject ◽  
The Individual ◽  
The Relationship

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

scholarly journals Crime in tourism destinations: Research review

Turyzm ◽  
2017 ◽  
Vol 27 (1) ◽  
pp. 31-39 ◽  
Author(s):  
Agnieszka Lisowska
Keyword(s):  
Small Area ◽  
Local Communities ◽  
The Other ◽  
Research Review ◽  
Common Phenomenon ◽  
Developing Regions ◽  
General Outline ◽  
The Subject ◽  
Tourism Destinations ◽  
The Relationship

Tourism has become a common phenomenon, very important for various reasons, especially for developing regions and countries, and which in consequence has been perceived as positive. However, increasingly commonly works have cast a slightly different look. Tourism leads to a temporarily increased number of people in a relatively small area, and contributes to the introduction of ‘strangers’ to local communities which can lead to problems such as crime. On the other hand, a higher risk of being a victim may lead to the reduced attractiveness of a given destination. A small number of studies in this field draw attention to this, concentrating on a general outline of their interdependence but specific urban tourist areas are rarely the subject of research. This review covers various works on the relationship between tourism and crime.

scholarly journals Sentenza 238/2014: EU Law and EU Values

2021 ◽  
pp. 209-213
Author(s):  
Bernardo Giorgio Mattarella
Keyword(s):  
Constitutional Law ◽  
Constitutional Court ◽  
Forum Shopping ◽  
European Law ◽  
Eu Law ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Mutual Relations ◽  
The Relationship ◽  
The Eu

AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.

scholarly journals CRIME IN TOURISM DESTINATIONS: RESEARCH REVIEW

Turyzm ◽  
2017 ◽  
Vol 27 (1) ◽  
pp. 31-39 ◽  
Author(s):  
Agnieszka Lisowska
Keyword(s):  
Small Area ◽  
Local Communities ◽  
The Other ◽  
Research Review ◽  
Common Phenomenon ◽  
Developing Regions ◽  
General Outline ◽  
The Subject ◽  
Tourism Destinations ◽  
The Relationship

Abstract Tourism has become a common phenomenon, very important for various reasons, especially for developing regions and countries, and which in consequence has been perceived as positive. However, increasingly commonly works have cast a slightly different look. Tourism leads to a temporarily increased number of people in a relatively small area, and contributes to the introduction of ‘strangers’ to local communities which can lead to problems such as crime. On the other hand, a higher risk of being a victim may lead to the reduced attractiveness of a given destination. A small number of studies in this field draw attention to this, concentrating on a general outline of their interdependence but specific urban tourist areas are rarely the subject of research. This review covers various works on the relationship between tourism and crime.

scholarly journals Karol Dobrzeniecki, Prawo wobec sytuacji nadzwyczajnej. Między legalizmem a koniecznością, Toruń 2018. Recenzja

2020 ◽  
pp. 121-125
Author(s):  
Arkadiusz Barut
Keyword(s):  
Constitutional Law ◽  
Emergency Situation ◽  
Moral Issue ◽  
Legal Regulations ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Interdisciplinary Character ◽  
The Subject ◽  
The Relationship ◽  
Philosophical Doctrine

The subject of the review is a monograph by Karol Dobrzeniecki “Law on emergency situations. Between legalism and necessity” (Toruń 2018). According to the reviewer, the nature of the work determines the distinction between an emergency situation, that is, a factual state requiring action not provided for by law and a state of emergency, i.e. a legal institution. The main purpose of the work is to analyze the relationship between the recognition of an exceptional situation only in legal terms, and its approach as a political and moral issue. The work has interdisciplinary character. Karol Dobrzeniecki, analyzing jurisprudence, political philosophical, doctrine of constitutional law, as well as constitutional, international and supranational legal regulations, points out the danger of legal "normalization" of a state of emergency, that is, the penetration of its specific solutions into the law intended for the ordinary situation, and hence blurring of the distinction between ordinary and exceptional situations. The author of the reviewed monograph believes that the exceptional situation should be assessed primarily in moral and political categories, being aware of the tragic nature of the choices made at the time.

scholarly journals Main Mechanisms of Correlation between the Subjects of Constitutional Law

Lex Russica ◽  
2021 ◽  
pp. 33-45
Author(s):  
S. A. Vasiliev
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Common Goal ◽  
Individual Subject ◽  
Mechanical Element ◽  
The Subject ◽  
The Relationship ◽  
Ways Of Life ◽  
Law Making

The purpose of the paper is to systematize the main mechanisms of the correlation between the subjects of constitutional law and to describe the specifics of each mechanism. The correlation between the subjects of constitutional law means the relationship between the subject and something or someone else in view of its actions or states. If legal relations arise only within the framework of the normatively established rules of behavior, the interaction is also carried out by various subjects in the name of a single common goal, the interrelationship simply represents absolutely any relationship between the subjects, the correlation includes all the listed phenomena, bearing in mind still different ways of life, the emergence of legal relations. One of the sections of this doctrinal concept is the "mechanical" element -- how the participants in the relationship relate to each other, sometimes not directly entering into legal relations, but exerting mutual influence. This element is important both in determining the specific actions of an individual subject, and for building a general systematics of the behavior of subjects, regulated by law. At the same time, it is necessary to pay attention to the fact that the paper deals exclusively with the mechanisms of correlation of the subjects of constitutional law, which does not always fully comply with the norms of law and has nothing to do with the mechanism of legal regulation. It should also be noted that the author examines only the mechanisms that he considers to be main. And the logic of the presentation is to consider them in such a way that this theoretical construct forms the basis of law-making activity, when actual relationships are primerely taken into account, and only then into account are taken project ideas with the help of which these relationships are expected to be transformed.

scholarly journals Causes Of Women Harassment At Workplace

2015 ◽  
Vol 10 (1) ◽  
pp. 189-208
Author(s):  
Rana Saba Sultan ◽  
Ambreen Akbar ◽  
Nargis Ahmed ◽  
Mussarat Parveen
Keyword(s):  
Research Method ◽  
Past Research ◽  
Work Place ◽  
Research Review ◽  
The Past ◽  
Different Types ◽  
Garment Factories ◽  
The Subject ◽  
The Relationship ◽  
Structured Questionnaire

The purpose of this study was to evaluate the causes of women harassment at work place. Pharmaceutical and Garment factories S.I.T.E, Karachi are used to analyze the subject. This study elaborates different types and forms of harassments and explains the laws, legal constitutional framework and few court judgments on sexual harassment as a reference. The researcher comprises of comprehensive reviews of the past research studies. A concrete research review has been done in order to cover all the corners of the subject. Then explains the research methodology in which the study drives the research method to the topic. Structured questionnaire was designed to extract the information about the respondents and analyze it through research techniques. 300 total number of female respondents were taken from 10 different pharmaceutical and garment factories of S.I.T.E Karachi. Descriptive and inferential research method was applied to understand the depth of the topic. A regression analysis was used to find the relationship between dependent and independent variables.

scholarly journals Saudade of the constitution: The relationship between constitutional and criminal law in the European context

2019 ◽  
Vol 10 (1) ◽  
pp. 28-33
Author(s):  
Adán Nieto Martín
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Constitutional Law ◽  
Case Law ◽  
Constitutional Courts ◽  
European Context ◽  
European Union Countries ◽  
The Subject ◽  
Principle Of Proportionality ◽  
The Relationship

This article examines the relationship between the constitution and criminal law. The relationship between criminal law and constitutional law has been the subject of much attention by doctrine in several European Union countries. However, in view of the jurisprudence of the Constitutional Courts and the European Courts, they have not served to constitute an effective limit for the legislator. In particular, the article examines the case law relating to the principle of proportionality.

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