scholarly journals Pathological Analysis of the Charter of Citizenship Rights in Iran in Judicial Rights Terms with a Focus on Human Dignity

2016 ◽  
Vol 10 (1) ◽  
pp. 177
Author(s):  
Fatemeh Piraman ◽  
Seyed Mohammad Sadegh Ahmadi ◽  
Masoud Raei
Keyword(s):  
Human Dignity ◽  
Focal Point ◽  
Legal Rights ◽  
Constitutional Rights ◽  
Citizenship Rights ◽  
Constitutional Right ◽  
Legal Security ◽  
Definition Of ◽  
The Right

Judicial right is one of the most significant fields of citizenship rights. A large part of the right legal instances become considerable when a citizen is under suspicion. To codify the examples of legal rights principally, the concept of human dignity needs to be the focal point on a constant basis. In the case of ignoring this criterion in arranging the constitutional rights the justice would not be attained, and the legal security of the citizens would be disrupted.Within the constitutional rights of Iran, the charter of the citizenship rights as a comprehensive document considered within the constitutional right field.  In the preface and principles of this document human dignity is confirmed as one of the most significant factors in codifying the citizenship rights. However, in the continuation and in the arrangement of the instances of the citizenship rights this criterion has not been considered as expected.The charter of the constitutional rights compared to previous rules of it has no significant innovation. Two groups of factors have caused the insignificant role of human dignity within the judicial rights. The first groups include the general factors such as presenting an inaccurate definition of citizen and mingling the instances of human rights with examples of rights. The second group of factors that mostly relate the lack of precise positioning towards some of the accepted principles of the legal right has provided the possibility of violating human dignity in this charter.

scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

The Constitutional Status of Human Dignity in Germany and Israel

2011 ◽  
Vol 44 (1-2) ◽  
pp. 25-61 ◽  
Author(s):  
Ariel L. Bendor ◽  
Michael Sachs
Keyword(s):  
Public Interest ◽  
Human Dignity ◽  
Constitutional Law ◽  
Comparative Law ◽  
Constitutional Rights ◽  
The Public ◽  
Comprehensive Comparison ◽  
Constitutional Right ◽  
The Right ◽  
Core Meaning

This article applies comparative law tools to portray eight significant aspects of the constitutional right to human dignity in Germany and Israel. The elements considered are: the constitutional status of human dignity; the nature of the right; its effect on other constitutional rights; its scope and definition; waiver of human dignity; human dignity after death; negative and positive aspects of the right; and the right to asylum. The textual foundations of the respective constitutional guarantees are as different as human dignity's core meaning. In Germany, such guarantees are held to be absolute, immune to restriction, and therefore quite narrow in scope. In Israel, the scope of the right is much broader, but it is subject to limitations when placed against the public interest. Still, based on the findings of our comprehensive comparison, similar dynamics can be identified in Germany and Israel The constitutional coverage of both absolute and relative principles is broad, as are the constitutional lacunas, which are those dimensions of constitutional law neglected by the written constitution.

Human Dignity: The Constitutional Value and the Constitutional Right

2013 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Human Dignity ◽  
Constitutional Rights ◽  
Basic Distinction ◽  
Constitutional Right ◽  
Partial Overlap ◽  
The Right

This chapter draws the basic distinction between human dignity as a constitutional value and human dignity as a constitutional right. It describes the role and meaning of human dignity as an express or implied constitutional value. The chapter then focuses on the scope of the constitutional right to human dignity and the problem of partial overlap between the right to human dignity and other independent constitutional rights.

The Right to Freedom of Expression, Press and Culture in South Africa: A Survey of Recent Developments

2013 ◽  
Vol 2 (1) ◽  
pp. 170-185
Author(s):  
Lufuno Nevondwe ◽  
Motlhatlego Matotoka
Keyword(s):  
South Africa ◽  
South African ◽  
Freedom Of Expression ◽  
Media Industry ◽  
Constitutional Rights ◽  
Recent Developments ◽  
The Media ◽  
Constitutional Right ◽  
The Right

This article reflects on the recent case and determination in Goodman Gallery v Film and Publication Board and Print Media South Africa v Minister of Home Affairs and Another which set important precedents in the media industry. These determinations also show the consistency of the South African Courts and tribunals in ensuring that the right to human dignity, the achievement of equality, and the advancement of human rights and freedoms which are among the founding values of the Constitution are afforded adequate protection. These constitutional rights are often in conflict with each other. The article determines whether one constitutional right supersedes the other. It also comments briefly on the role of the media in South Africa and its challenges under democracy. The article further considers the statutory mandate of the Films and Publication Board and provides a critique of the decision in Goodman Gallery.

The Right to Privacy

2000 ◽  
Vol 17 (2) ◽  
pp. 25-44 ◽  
Author(s):  
Lloyd L. Weinreb
Keyword(s):  
The United States ◽  
Legal Rights ◽  
Moral Claim ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Positive Law ◽  
Constitutional Right ◽  
The Right ◽  
The U.S

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.

scholarly journals The right to life in the system of constitutional rights and freedoms of individual and citizen

2021 ◽  
Vol 2021 (1) ◽  
pp. 37-41
Author(s):  
Oleg Amel'chakov
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Human Right ◽  
The Difference ◽  
Constitutional Right ◽  
Set Up ◽  
Definition Of ◽  
The Right

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties. The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law. Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

MARCEL PAGNOL'S THE BAKER'S WIFE, A CINEMATIC CHARIVARI IN POPULAR FRONT FRANCE

2005 ◽  
Vol 48 (2) ◽  
pp. 437-469 ◽  
Author(s):  
BRETT BOWLES
Keyword(s):  
Middle Ages ◽  
Focal Point ◽  
Public Support ◽  
Popular Front ◽  
Partisan Politics ◽  
National Union ◽  
Late Middle Ages ◽  
The Social ◽  
Definition Of

Taking an anthropological approach, this article interprets Pagnol's critically acknowledged classic as a reinvention of a carnivalesque ritual practised in France from the late middle ages through the late 1930s, when ethnographers observed its last vestiges. By linking La Femme du boulanger (The baker's wife, 1938) to contemporaneous debates over gender, national decadence, and the definition of French cultural identity, I argue that the film recycles the charivari's long-standing function as a tool of popular protest against social and political practices regarded as detrimental to the welfare of the nation. In the context of the Popular Front, Pagnol's charivari ridiculed divisive partisan politics pitting Left against Right, symbolically purged class conflict from the social body, and created a new form of folklore that served as a focal point for the communitarian ritual of movie-going among the urban working and middle classes. In so doing, the film promoted the ongoing shift in public support away from the Popular Front in favour of a conservative ‘National Union’ government under Prime Minister Edouard Daladier, who in 1938–9 assumed the role of France's newest political patriarch.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

6 Extraterritorial Application of U.S. Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Due Process ◽  
The United States ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Habeas Corpus ◽  
State Laws ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
The Right

This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.

scholarly journals The essential role of law in achieving the health-related Sustainable Development Goals

2020 ◽  
Vol 30 (Supplement_1) ◽  
pp. i32-i35
Author(s):  
Dineke Zeegers Paget ◽  
David Patterson
Keyword(s):  
Sustainable Development ◽  
Essential Role ◽  
Sustainable Development Goals ◽  
World Health ◽  
International Human Rights Law ◽  
Health Related ◽  
Development Goals ◽  
Definition Of ◽  
The Right

Abstract In this article, we examine the essential role of law in achieving the health-related Sustainable Development Goals (SDGs). Following the World Health Organization’s broad definition of health, all SDGs can be seen to impact on human health and hence the health goal (SDG3) should be right at the centre of the entire 2030 Agenda for Sustainable Development. We note recent research on the contribution of law, including international human rights law, to achieving health for all and discuss the role of law in addressing seven emerging health challenges. Law can and should play an important role in achieving all health-related SDGs, by respecting, protecting and fulfilling the right to health, ensuring that no one is left behind.

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