Identity Politics Past and Present

This new book in Critical Discourse Studies uses detailed and systematic analysis of the discursive construction of Austrian identities across a period of 20 years – from 1995 to 2015 – to trace the re-emergence of nationalism in the media, popular culture and politics, and the normalization of far-right nativist ideologies and attitudes. Contradictory and intertwined tendencies towards re-nationalization and trans-nationalization have always framed debates about European identities, but during the so-called ‘refugee crisis’ of 2015, the debates became polarized. During the COVID-19 pandemic, nation states first reacted by closing borders, while symbols of banal nationalism proliferated. The data, drawn from a variety of empirical studies, suggests changes in memory politics – the way past events are remembered – are due to a range of factors, including the growth of migrant societies; the influence of financial and climate crises; changing gender politics; and a new transnational European politics of the past. The authors assess the challenges to liberal democracies and fundamental human and constitutional rights, and analyze how the pandemic contributes to a new re-nationalization across Europe and beyond.

Law Enforcement of Corruption Cases Through a Participatory Society as an Effort to Protect Constitutional Rights

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society. The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.

The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

Administrative-legal bases of functioning of the civil service: Comparative-legal aspect

The topicality of this article is due to the fact that the civil service is a special element of the governmental system of each state, the effective functioning of which provides the observance of constitutional rights and freedoms of citizens, consistent and sustainable development of the country. The purpose of the article is to conduct scientific research on the functioning and overall reform of government control and civil service in Ukraine and in developed countries of the world. The leading research methods are general scientific and specific research methods, including methods of logic, analysis, comparison etc. The results of this study are a comparative and legal analysis of the civil service institute construction in developed countries of the world, the identification of basic problems and consequences of reforming this field in Ukraine. The significance of the obtained results is reflected in the fact that this study may serve as a basis for outlining future changes to the current legislation of Ukraine on the functioning of the civil service and the protection of the rights and legitimate interests of civil servants

The Ideal Dimension of Law

The main theme of the article is ideal dimension of law. Author argue for a dual nature thesis – which contends that law necessarily comprises both a real or factual dimension and an ideal or critical dimension – and demonstrates how the ideal dimension (which refers primarily to moral correctness) implies the truth of non-positivism. The key provisions of the conception represented in article are substantiated in a polemic with other well-known representative of non-positivism – John Finnis. Particular attention is paid to determine relation between the real and ideal dimensions of law, which involves answering five questions. First, is there an outermost border of law? Second, is legal argumentation based exclusively on authoritative reasons or does it also include non-authoritative reasons? Third, what is the relation between human rights and legal systems? Forth, is democracy to be understood exclusively as a decision procedure or also as a form of discourse? Fifth, do legal system comprise only rules expressing a real “ought” or also principles expressing an “ideal ought”? These five questions are answered by the following five theses: the first with the Radbruch formula; he second with the special case thesis; the third with the thesis that constitutional rights are to be understood as attempts to positivize human rights; the fourth with the deliberative model of democracy; and the fifth with principles theory. All five theses turn on the same point: the claim to correctness.

The problems of protecting the constitutional rights of citizens in the context of globalization and digitalization

The article discusses the main approaches to the problem of legal protection of constitutional rights of citizens in Russian and foreign legal doctrine. Given the complexity and scope of this topic, the main attention is paid to such aspects as the protection of constitutional rights of citizens in the context of globalization and the protection of constitutional rights of citizens in the context of digitalization. It is argued that the processes of globalization and digitalization have posed a number of urgent issues to scientists, and the scientific community should be ready to resolve them. Based on the analysis, it is concluded that the processes of globalization and digitalization entail the weakening of national legal institutions, which is a serious threat to the constitutional rights of citizens.

El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.

On the new standard of court authorization of investigative actions that restrict the constitutional rights of citizens

The article analyzes the essence and content of the petition of the investigating authorities to the court for permission to conduct an investigative action and the court decision adopted on its basis. It is concluded that the specified procedural documents do not specify the specific constitutional rights of a citizen, which may be restricted during the investigative action. Taking into account this circumstance, the inconsistency of the requirements of the Code of Criminal Procedure of the Russian Federation and the law enforcement practice developed on its basis with the requirements of the Constitution of the Russian Federation, according to which the restriction of any constitutional right should be carried out on the basis of a court decision or with subsequent notification of the court about the investigative action. It is proposed to adhere to the procedure of judicial authorization in all cases of restriction of the constitutional rights of citizens.

The institution of suspicion and the initial stage of the criminal process: interrelated prospects of development

The article considers the question of the interdependence of the improvement of the institution of suspicion and the transformation of the initial stage of the Russian criminal process. The article highlights the problem of the legislative limitation of the period of the procedural status of a person as a suspect in the event of a criminal case being initiated not against him, but upon the commission of a crime and insufficient evidence of the involvement/non-involvement of such a person in a criminal offence committed at the initial stage of the investigation, which often does not allow avoiding unreasonable restrictions on the constitutional rights and freedoms of this participant in criminal proceedings. The relevant experience of some post-Soviet states that followed the path of a radical change in the criminal procedure model after the collapse of the USSR is analysed. The article compares the provisions of the criminal procedure legislation of the Russian Federation and the Kyrgyz Republic directly related to the institution of suspicion, including the moment of triggering criminal prosecution and the duration of a suspect’s keeping the specified procedural status. The arguments given in the article substantiate the need to reform the initial moment of the emergence of the procedural status of a suspect in Russian criminal proceedings and the associated expediency of abolishing the stage of initiation of a criminal case in order to increase the guarantee of the rights and legitimate interests of the person introduced into the procedural status we are analysing.