scholarly journals Independence of Lawyers and Legal Institutions and Its Impact on the Country's Development

2016 ◽  
Vol 9 (5) ◽  
pp. 24
Author(s):  
Ali Ravanan ◽  
Leila Ghashghaei ◽  
Gholam Reza Ghashghaei
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Legal Institutions ◽  
Power Of Attorney ◽  
Other Hand ◽  
Bar Association

So far, have more written about lawyer, have less successful. Lawyer should be independent. Therefore, autonomy of Bar Association has been seriously proposed. Autonomy of judiciary and judges has always been emphasized in our constitutional law and has been proposed as judiciary should be separate of other powers. Judges shouldn’t be dependent or under power of others. On the other hand, there is no comprehensive and sufficient reference in constitutional law about bar association and judge and power of attorney is considered under people rights. In spite of all emphasis, conception of this deduction is not clear. Attorney autonomy is rooted from various bases and has separate and specific conception other than judgment. Studying principles of constitutional law accurately shows that attorney occupation is not subject of any supervisor principle to judiciary, but just having lawyer in procedural process is a part of people rights. Therefore, law maker shouldn’t see them equal to regulate constitutional law and pit attorney power as judgment under supervision of judiciary.

The Failure of Mirabeau's Political Ideas

1951 ◽  
Vol 13 (1) ◽  
pp. 88-107
Author(s):  
J. J. Chevallier
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
English School ◽  
Political Theorist ◽  
Political Ideas ◽  
Other Hand ◽  
The Brain ◽  
Better Than ◽  
The Revolution

“Mirabeau and Sieyès are the two strongest minds of the Revolution,” said Talleyrand who knew both of them well. This is no doubt true. It is likewise true that Mirabeau and Sieyes were at opposite poles from each other intellectually. Sieyès was a political theorist; they called him the brain. Mirabeau, on the other hand, was the least theoretical of men. When the Estates General opened he had no draft of a Constitution; Sieyès, on the other hand, had thought of one and even several.For the whole course of the Revolution until his death in April, 1791, Mirabeau cannot be described by an invariable formula. He cannot be classified in the pro-English school. He wrote to a minister before the Revolution: “the executive life” suited him better than “the speculative life.” Sieyès, and even Mounier, would have been wonderful professors of Constitutional Law. Not Mirabeau. His culture was enormous but disorganized. An omnivorous reader and always with pen in hand, he had made innumerable excerpts from all sorts of books, and drew upon them with no scruples about plagiarism when he wrote his own works. One must be careful to avoid the temptation, to which some have succumbed, of seeing in these plagiarisms the expression of Mirabeau's own ideas.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

Charlemagne and Alcuin: Diplomatic Studies in Carolingian Epistolography

Traditio ◽  
1953 ◽  
Vol 9 ◽  
pp. 127-154 ◽  
Author(s):  
Luitpold Wallach
Keyword(s):  
The Other ◽  
Legal Institutions ◽  
Other Hand ◽  
Selection Of

Legislative documents from the rulers of Germanic states established in former Roman territories are frequently the work of men of Roman descent. Thus Leo of Narbonne was probably the main helper of the Visigothic King Euric, and the Gallo-Roman Syagrius, of the Burgundian Gundobad. The Ostrogoths had Roman jurists in their service; one of these wrote the Edictum Theoderici. Cassiodorus is the author not only of the Variae, a selection of documents composed by him as chancellor of Theoderic the Great, but also of the Edictum Athalarici. The Merovingians Chlodewig and Childebert I employed Gallo-Roman administrators; the patrician Parthenius was an official of the Austrasian King Theudebert I. The need for Roman officials in Germanic governments disappeared largely with the growth of genuine Germanic political and legal institutions. Charlemagne's leading helpers were therefore no longer descendants of the old senatorial nobility which survived in Gaul and Italy, but mostly men of Germanic origin. On the other hand, of all the brilliant scholars of Saxon, Lombard, Spanish-Gothic, and Italic origin in Charlemagne's cosmopolitan entourage, one man alone achieved great political prominence: Alcuin, the Saxon nobleman from the British kingdom of Northumbria. A little-known phase of his activities in the empire of Charlemagne will be investigated here.

La cessation des fonctions des membres de la Cour constitutionnelle en droit congolais : modalités et effets juridiques

2021 ◽  
Vol 54 (1) ◽  
pp. 78-97
Author(s):  
Dieu-Merci Ngusu Masuta
Keyword(s):  
Theoretical Analysis ◽  
Detailed Analysis ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Other Hand ◽  
Legal Nature ◽  
The Law ◽  
The Republic ◽  
The One

This article provides a study of the modalities and legal effects of the termination of the functions of members of the Congolese Constitutional Court. It offers a detailed analysis based mainly on the relevant provisions of Ordinance No. 16/070 of August 22, 2016 on the special status of members of the Constitutional Court. This Ordinance was adopted in application of the Congolese Constitution of February 18, 2006 in conjunction with organic-law No. 13/026 of October 15, 2013 on the organization and functioning of the Constitutional Court. Distinguishing on the one hand the normal cause of cessation of functions - the expiry of the mandate - and on the other hand the so-called exceptional causes - the resignation, dismissal and death of a member -, the study shows that the enumeration thus retained from the ordinance is incomplete with regard to the above-mentioned organic law. Thus, the list must be supplemented with the "nullity of the appointment" of a member in accordance with articles 2 and 3 of that organic law. The law is silent, however, on the issue of the voluntary retirement of members, although the implementation of this right inevitably has an impact on the end of their functions. The study therefore continues by an examination of both the general and the specific legal effects of these different modalities of ending the functions of a member of the Constitutional Court. Finally, in order to support and complete this essentially theoretical analysis, the article also looks at the question that remains most topical in Congolese constitutional law, namely the legal nature of the 'power' of the President of the Republic to appoint members of the Constitutional Court to other Courts or functions during their term of office. It concludes that such a power is not justified in the current framework of Congolese constitutional law. Indeed, it is inconceivable that such appointments should be imposed on the Constitutional Court members, their acceptance being the only exception to the principle of irremovability that governs them. Such a case should be considered one of voluntary resignation and a subsitute member should therefore only be appointed after this situation has been ascertained and established by the Constitutional Court.

European Criminal Bar Association statement of principles on the use of video-conferencing in criminal cases in a Post-Covid-19 World

2021 ◽  
pp. 203228442110135
Author(s):  
Vânia Costa Ramos ◽  
Alexis Anagnostakis ◽  
Amedeo Barletta ◽  
Jaanus Tehver ◽  
Nicola Canestrini
Keyword(s):  
Video Conferencing ◽  
Fair Trial ◽  
The Other ◽  
Criminal Cases ◽  
Cross Border ◽  
Other Hand ◽  
Bar Association

This is a statement by the European Criminal Bar Association on the use of Video-Conferencing in Criminal Cases in a Post-Covid-19 World. It addresses the topic using a two-fold distinction between the use of remote hearings in domestic and in cross-border cases, on one hand, and the use of such of remote technology for conducting interviews of the suspect or accused in the pre-trial stages or at trial hearings, on the other hand. Recognising that these distinctive settings impact differently upon the seriousness of the interference with the fair trial rights and the rights of defence of the suspect or accused, and also upon the circumstances that must be weighed in order to assess whether restrictions are proportionate, adequate and necessary, the European Criminal Bar Association assesses whether the use of remote technologies in those different settings is acceptable and outlines proposals for further action in the field.

scholarly journals Economic and Legal Analysis of Cryptocurrency: Scientific Views from Russia and the Muslim World

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 32
Author(s):  
Shamil Shovkhalov ◽  
Hussein Idrisov
Keyword(s):  
Islamic Law ◽  
Cost Effective ◽  
Legal Regulation ◽  
Business Community ◽  
The Other ◽  
Final Decision ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Other Hand ◽  
The One

The article is devoted to the analysis of cryptocurrency as a new phenomenon in the modern global economic processes and legal institutions. The relevance of the study is predetermined by the very specifics of such a phenomenon as cryptocurrency consisting of a distributed ledger technology, which determines the peculiarities of issuing, storing and performing operations with cryptocurrency. Moreover, the cryptocurrency turnover directly correlates with the national legislation of individual countries, which are the subject of domestic regulation with currency, tax legislation and legislation on the securities market. Sometimes, in this regard, there is a clash of public interests and the interests of entities involved in the circulation of cryptocurrencies. Cryptocurrency, as an unconventional, trendy phenomenon of the recent times, has become the object of research and discussions on all the world platforms, starting with academia, continuing with the business community and ending with state institutions. There are many reasons for explaining such interest and they can all be reduced to two main blocks: the advantages and the disadvantages of cryptocurrency circulation. The problem of cryptocurrency turnover, on the one hand, is that until now none of the national economies have regulated the cost-effective mechanism for the cryptocurrency turnover and, on the other hand, the leading countries have not yet set up an effective system of legal regulation of cryptocurrency. Many countries are in the active process of working to adequately address the above problem. Separately, it is worth highlighting the interest of Muslim countries in this issue, where discussions are still underway about the permissibility of cryptocurrency in Islamic law. As for the Russian realities in the context of the issue under study, the Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation“, which came into effect on 1 January 2021, was supposed to streamline relations of subjects including cryptocurrencies, but, according to the experts in this field, this law is far from impeccable and this sphere of relations cannot be quickly and effectively regulated. This article describes the characteristics of cryptocurrency, its essence, disadvantages and advantages as an object of economic and civil law relations. The purpose of the research is to analyze the economic and legal phenomenon of cryptocurrency, as well as its characteristics in the Muslim legal system. The complexity of the work should be emphasized as a novelty. Based on the designated goal and the logic of construction, the study consists of three interrelated parts. The first part outlines the characteristics of cryptocurrency as an economic category, the second part is devoted to its legal analysis and the last part of the study demonstrates the Islamic perception (Sharia analysis) of this phenomenon. As a conclusion on the scientific research, we will highlight the following provisions. First, economically, nowadays, cryptocurrency is a rather controversial financial instrument: on the one hand, it has great investment attractiveness, but on the other hand, it is subject to great volatility and seems to be a rather risky financial asset. Secondly, from a legal standpoint, cryptocurrencies have not yet found their consistent consolidation and further legal regulation in the Russian legislation. It seems that the legal regulation of this institution will systematically develop depending on what application and results of its turnover the cryptocurrency will have in the future. Finally, the Islamic interpretation of the cryptocurrency phenomenon boils down to the absence of a single, consistent explanation of it from the perspective of Islam and Sharia as an object of permissibility (or prohibition) of transactions with it. It is necessary to further analyze the practice of using cryptocurrency and its impact on the economy and legal institutions in order to make a final decision on its permissibility or prohibition in correlation with the types of activity and the upcoming consequences associated with it.

scholarly journals THE HARMONIZATION OF PREACHING AND POLITICS OF CONSTITUTIONAL LAW

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Paisol Burlian
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Political Activity ◽  
The Political ◽  
Developed Country ◽  
Constitutional Politics ◽  
Other Hand ◽  
The World ◽  
Entire Universe ◽  
Religious Aspect

It is undeniable that Islam is a universal religion which becomes a blessing for the entire universe. Universality of Islam is evident from multi-aspect, a religious aspect, set the life of mankind, and included the inside of preaching and political aspects of constitutional law. This paper examines how, in practice, where the Prophet Muhammad has implemented a law in constitutional politics in line with the guidance of the Quran, especially the Medina period. When in Mecca, the Prophet, as a religious figure, shows preaching secretly and finally in open. However, in Medina, It is clearly seen that there is an integration of the Prophet Muhammad as the religious figure and statesman. While the Prophet still spreads preachings, the Prophet set the Medina becoming a developed country and then Islam can be spread to the world. Their relationship, ideally demonstrated that politics serve as a tool to carry out the mission of preaching. On the other hand, the preaching must also be able to provide an understanding of the political importance of constitutional law for the advancement of religion and the Muslims and not vice versa; stay away from politics because of the wrong perception or manipulate the preaching for political purposes of constitutional law. To ensure that the constitutional law of political activity is not lost, it should be understood that in the politics of constitutional law, there is a law that must be followed, whereas in law, there are the political aspects of constitutional law should be implemented. It will create synergy between preachings and politics of constitutional law for the realization of the Islam’s glory in national as well as in international. 

scholarly journals Perspectives on restricting the exercise of constitutional rights and freedoms in order to ensure national security

2019 ◽  
pp. 35-47
Author(s):  
IONUȚ DUMITRU APACHIȚEI
Keyword(s):  
National Security ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Close Correspondence ◽  
Other Hand ◽  
Fundamental Law ◽  
The One

The current study aims at presenting the conditions under which the restriction of the exercise of constitutional rights and freedoms can operate in order to satisfy the measures regarding the protection of national security. One the one hand, the valences of constitutional law of this topic lie on the fact that the adopted measures must be in close correspondence with the exigencies of the Constitution, and on the other hand, the checking of the conditions of adopting specific measures to restrict constitutional rights and freedoms is the prerogative of the Constitutional Court asked to verify the compliance with the provisions of the Fundamental Law.

scholarly journals The Establishment of Theoretical Bases for the Rule of the People in the Medieval Theological Tradition: Genealogy of the Constitutional Law Doctrine

2021 ◽  
Vol 1 ◽  
pp. 3-14
Author(s):  
Sergey S. Zenin ◽  
Keyword(s):  
Constitutional Law ◽  
Theoretical Basis ◽  
Thomas Aquinas ◽  
Theoretical Framework ◽  
The Other ◽  
Main Argument ◽  
John Of Salisbury ◽  
Other Hand ◽  
The People ◽  
The One

The proposed article makes an attempt at a study of the processes of the origination and development of theoretical bases for the idea of the rule of the people in the medieval theological tradition. The author systematically analyzes the systems of ideas of Aurelius Augustinus, Thomas Aquinas, Manegold of Lautenbach, John of Salisbury and other thinkers. The paper notes that the development of the rule of the people doctrine in the medieval theological tradition has secured the establishment of a theoretical framework. The idea of the rule of the people is developed during the studied period taking into account two interdependent tendencies. On the one hand, it is drawn up as the main argument in justification of derivativeness and limitation of the monarch’s secular authorities. On the other hand, it is established as a theoretical basis of a new legitimate ground for the king’s rule.

Die Beendigung der Bestechungsdelikte

2019 ◽  
Author(s):  
Annette Schwab
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Legal Institutions ◽  
Other Hand ◽  
The Subject ◽  
The One

Administering the completion of bribery offences has gained importance, especially with regard to the statute of limitations. This study therefore deals on the one hand with the question of whether the existing jurisprudence in this regard is consistent with its own premises and how it has to be adopted by other legal institutions, which are relevant with regard to the concept of completion in this context (i.e. sentencing for multiple offences, the subject matter of the ruling, qualifications, examples of delimitation as well as principal and secondary participants). On the other hand it sheds light on whether the premises of the existing jurisprudence are correct at all.

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