Fundamental Rights in the Digital Era, Horizontal Effect and the Distinction between “State” and “Society” in German and European Constitutional Theory

2018 ◽  
pp. 175-192
Author(s):  
Daniel Wolff
Keyword(s):  
Fundamental Rights ◽  
Constitutional Theory ◽  
Digital Era ◽  
State And Society

A Cosmopolitan Legal Order

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
Nation State ◽  
Public Officials ◽  
Rights Protection ◽  
Perpetual Peace ◽  
The World ◽  
European System ◽  
Constitutional Justice

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

scholarly journals DEVELOPMENT OF THE PRINCIPLE OF MUTUAL TRUST BETWEEN THE STATE AND SOCIETY IN THE DIGITAL ECONOMY

2021 ◽  
pp. 84-93
Author(s):  
Ольга Ивановна Юстус
Keyword(s):  
Digital Economy ◽  
The State ◽  
Regulatory Framework ◽  
Mutual Trust ◽  
Constitutional Principle ◽  
Digital Era ◽  
State And Society

Статья посвящена анализу содержания конституционного принципа взаимного доверия государства и общества; исследуются тенденции развития указанного принципа в условиях цифровой экономики; обосновывается необходимость формирование соответствующей требованиям цифровой эпохи нормативно-правовой базы, позволяющей регулировать видоизмененные экономические процессы. The article is devoted to the analysis of the content of the constitutional principle of mutual trust between the state and society in relation to; the trends in the development of this principle in the digital economy are investigated; the need for the formation of a regulatory framework that meets the requirements of the digital era, allowing to regulate modified economic processes, is justified.

scholarly journals Constitutional and administrative paradigms in judicial control over EU high and low politics

2017 ◽  
Vol 9 (2) ◽  
pp. E-240-E-267
Author(s):  
Pola Cebulak
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
Two Dimensional ◽  
Judicial Control ◽  
Policy Domain ◽  
External Relations ◽  
Constitutional Judicial Review ◽  
High Politics

Abstract This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.

On Resilience of Constitutions. What Makes Constitutions Resistant to External Shocks?

ICL Journal ◽  
2015 ◽  
Vol 9 (1) ◽  
Author(s):  
Xenophon Contiades ◽  
Alkmene Fotiadou
Keyword(s):  
Global Financial Crisis ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
External Shocks ◽  
Making Choices ◽  
Legal Responses ◽  
Multiple Pressures ◽  
The Global Financial Crisis ◽  
The Relationship ◽  
Rule Making

AbstractOver the last years resilience has become a key concept in understanding how rule-making choices are made in the context of risk prevention and disaster. This paper probes the relationship between constitutions and resilience in light of the way constitu­tions responded to the shock of the global financial crisis. What makes constitutions able to anticipate and resist external shocks, or bounce back after a disaster that affects core constitutional functions such as the balance of powers and the protection of fundamental rights? The ability of a constitution not only to withstand a severe shock, but also to enable the legal order whose ground rules it sets out to seek recovery within the constrains of these ground rules, lies at the heart of constitutional resilience. Analysing constitutional functions in terms of resilience could offer a new prism through which to look at national constitutions in an increasingly complex globalized environment. The recent crisis, through the interconnectedness of the multiple pressures it put on the legal orders it struck and the multiplicity of legal responses it demanded, allows exploring how resilience thinking can affect constitutional theory.

scholarly journals ASPEK PEMERINTAHAN dan PERUBAHAN KOMPREHENSIF ERA DIGITAL

2019 ◽  
Vol 45 (1) ◽  
pp. 1-16
Author(s):  
Sadu Wasistiono
Keyword(s):  
Key Words ◽  
External Environment ◽  
The State ◽  
Digital Era ◽  
State And Society ◽  
Management Organization ◽  
Human Aspect ◽  
Organization Leadership ◽  
Governmental Management

ABSTRACT               Digital era has been change human aspect significantly. Changing one aspect of life is boost another aspect . I tried to analysis impact of changing five aspect (management, organization, leadership, industry, society) to government aspect. External environment of government is playing important role to push changing in governmental management, organization, and leadership. Ideally, development of one aspect changing significant and simultan with another aspect, but empirically development of one aspect sometime faster than another aspect. Government as the higher organization of the state must control development of all aspect to maintain equilibrium of the state and society. Key words : digital era, changing continually, changing in government aspect.

Introduction and Overview

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Constitutional Theory ◽  
Combined Effects ◽  
Public Officials ◽  
Law And Politics ◽  
Do So

This introductory chapter defines the concept of a cosmopolitan legal order (CLO), and provides a summary overview of the book. A CLO is a transnational legal system in which justiciable rights are held by individuals, all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction, and domestic and transnational judges supervise how officials do so. In Europe, such an order emerged as a product of the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights (ECHR), and the incorporation of the Convention into national law. The book explicates the European CLO in light of Kantian constitutional theory, which is applied to the law and politics of the ECHR regime.

scholarly journals MENYELESAIKAN MASALAH INTOLERANSI: ANALISIS PERAN DAN BENTUK KOMUKASI (Studi Kontroversi Pondok Pesantren Waria Al-Fatah Yogyakarta)

2021 ◽  
Vol 9 (1) ◽  
pp. 21
Author(s):  
Muhyidin Abdillah ◽  
Nila Izzamillati
Keyword(s):  
Minority Group ◽  
Boarding School ◽  
Vulnerable Groups ◽  
Information Communication ◽  
Digital Era ◽  
State And Society ◽  
Qualitative Descriptive ◽  
Mass Organization ◽  
High Esteem ◽  
Gathering Place

Indonesia is a multicultural country that upholds the values of tolerance. But along with the development of increasingly sophisticated times the value of tolerance is increasingly lost. Tolerance that is always held in high esteem is now replaced by an attitude of intolerance that is increasingly common in this increasingly sophisticated digital era. Intolerance is a serious problem that must be faced by Indonesia. The digital age makes it easy for people to spread information. However, this increasingly sophisticated era if not utilized properly will cause problems. One of them is the problem of intolerance that occurs in the waria boarding school Al-Fatah Yogyakarta. This problem occurs because there is information from a media that is still in doubt. Transvestites who are vulnerable groups whose presence is only underestimated by both the state and society. Thus, transgenders who are only a minority group often receive discriminatory actions from intolerant mass organizations. The intolerant mass organization demands to close the pesantren which is a gathering place for transvestites to study religion. So then it is interesting to study. This study aims to determine the role and form of education in solving problems of intolerance in the waria al-Fatah Islamic boarding school in Yogyakarta. This study uses a qualitative descriptive approach with Miles and Huberman analysis techniques. While data collection through observation, interviews and documentation. The results of this study are intolerance that occurs in the Al-Fatah transgender boarding school due to misunderstandings in communication and acts of intolerant mass organizations in spreading information Communication has an important role in resolving these problems. Form of communication between groups with the aim of mediating the problem successfully carried out by the parties concerned. Communication between groups consisting of pesantren, government and the community provides solutions to the problem of intolerance.

scholarly journals Transgender Community in Pakistan: From Marginalized “aliens/others” to Empowered “Citizens”?

2020 ◽  
Vol 2 (2) ◽  
pp. 28-42
Author(s):  
Saad Ali Khan
Keyword(s):  
Supreme Court ◽  
The State ◽  
Fundamental Rights ◽  
The Past ◽  
State And Society ◽  
The Supreme Court ◽  
The Status

Almost a decade ago in 2009, a landmark decision of the Supreme Court of Pakistan set the trajectory for transgender community’s future. This was considered as the first step that ignited a new spirit among the transgender community in Pakistan; and they started actively pursuing the struggle for their fundamental rights. Transgender community in Pakistan has been marginalized since the inception of Pakistan. In Pakistan, transgender individuals have been pushed to the margins/peripheries of the society facing extreme levels of discrimination, rejection, stigmatization, violence and “otherness”. For years, both state and society have considered these individuals and their communities as “others”, “abnormal” or “threat to the structure of the society”. Faced with these conditions, the transgender community also passively withdrew from the mainstream and accepted this as their fate. This article is aimed to explore and analyze the transition in the status and condition of transgender community in the last decade (2009-2019). It is also aimed to highlight the role of transgender community and other actors in bringing about the change in their status. Reviewing the last decade of activism led by the transgender community and other actors; it is demonstrated in this article that the transgender community has gained momentous/historic achievements (especially legal) since then. From extreme marginalization and stigmatization: they have started to earn respected status in the society. While in the past they were considered as “outcastes” and “others” by the society and state alike, now, they are mostly considered as an integral part of the society especially by the state.

scholarly journals Freedoms or Rights? A Court Deciding While Comfortably Numb

2020 ◽  
Vol 3 (2) ◽  
pp. 58-81
Author(s):  
Lydia Kriki
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Freedom Of Movement ◽  
The Road ◽  
Economic Significance ◽  
Digital Era ◽  
Convincing Case ◽  
One Step ◽  
Treaty Of Rome

EU was quite a lot valiant back in 1957, when the Treaty of Rome established the dogma of free movement, paving the road for what was considered to be an economic integration. The dogma was founded on the principle of freedom relating to goods; and the subsequent EU Treaties strengthened the freedom of movement for services, persons and capital. However, they were not all the freedoms equally developed. For many years, it seemed that the European Union gave a fairly obvious advantage to the economic significance instead of focalizing on its people and the parameters of their needs. Subsequently, striking a balance between fundamental freedoms and fundamental rights has become a frequent exercise for the CJEU ever since, as well as a difficult puzzle. Bearing in mind that the digital era brings new challenges for both the circulation of commodities and the preservation of rights, the puzzle gets more and more complex: a tug-of-war between the tech-giants and our information privacy. By using the proportionality principle as its most effective weapon, the CJEU has built a convincing case-law, one step at time. However, does it really find the appropriate balance, or the conundrum is more complex than it seems? The present paper attempts to answer this question.

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