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.

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.

Back to Rousseau

2020 ◽  
pp. 29-55
Author(s):  
Joel Colón-Ríos
Keyword(s):  
Legal System ◽  
Direct Democracy ◽  
Close Reading ◽  
Constituent Power ◽  
Form Of Government ◽  
The Government ◽  
Practical Implications

This chapter provides an overview of what should be understood as one of the most sophisticated analyses of the distinction between constituent and constituted authority, that of Rousseau. It engages in a close reading of Rousseau’s work and considers the ways in which it anticipated and served as the basis for Sieyès’ famous theory. Rousseau has not generally been seen as a theorist of constituent power. This is probably a result of his apparent support of direct democracy: in a direct democracy, there is no separation between the government and the governed and, therefore, no separation between the constituted powers and the constituent subject. But Rousseau, the chapter shows, clearly rejected direct democracy as a form of government: he only insisted in the direct intervention of the citizenry for the ratification of the ‘laws’. The problem with most contemporary interpretations of Rousseau is that they attribute to his use of the term ‘law’ the same meaning that that term has today: an ordinary statute adopted by a representative body. But Rousseau used the term ‘law’ to refer to the fundamental norms of the legal system, norms that only an assembly of the entire people or a multiplicity of primary assemblies, the constituent subject, could legitimately adopt. The chapter also considers the practical implications of Rousseau’s approach, such as primary assemblies with the authority to issue legally binding instructions.

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 Fundamental Human Rights and UNO Charter: A Critical Analysis with Islamic Perspectives.

2021 ◽  
pp. 97-117
Author(s):  
Inam Ullah Wattoo ◽  
Yasir Farooq
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Fundamental Rights ◽  
Equal Rights ◽  
The People ◽  
Peace And Justice ◽  
The World ◽  
Historical Observation ◽  
And Gender ◽  
Short Time

This study presents a critical analysis on the charter of human rights of United Nations, as it was design to promote peace and justice in the world but unfortunately it was not come in true. So the concepts and impacts of human rights presented by UN will be examine in the light of Seerah, and to find out the reasons which caused its failure. It is historical observation that fundamental human rights are very essential for justice and peace in the world. All the peoples have equal rights in all respects. No one is allowed to disregard the rights of others on the basis of race, color and religion. Holy Prophet Muḥammad (PBUH) founded the state of Yathrab and first time in the history declared the fundamental rights of human and vanished the differences based on race, color and gender. Rights for slaves, war prisoners and women were not only defined but were implemented by legal procedure in very short time. In 1948 United Nation declared a charter for human rights which proclaimed that inherent dignity and equal rights are the foundation of freedom, justice and peace of the world. This charter consist on 30 articles regarding individual and common rights of human. This charter of UN guaranteed the security of all fundamental rights of all human being. Although there are number of articles which caused uneasiness among the people of different religions such as article No. 19. Freedom of opinion and express must be observed but it should must be keep in mind that some irresponsible elements of different societies are using this for their criminal purposes as cartoon contest on Prophet Muḥammad (PBUH) by Geert wilders of Holland in recent days caused huge disturbance for world peace. Whereas, the Prophet of Islām ordered the Muslim to respect the clergy of other religions even He (PBUH) halted the Muslims to abuse the idols.

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.

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