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2. POUSTAVLJENJE HRVATSKOG PRAVNOG PORETKA.
- Author
-
Burazin, Luka, Gardašević, Ðorđe, and Krešić, Mario
- Subjects
CONSTITUTIONAL courts ,CONSTITUTIONAL law ,CROATS ,CONSTITUTIONS - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
3. KONCEPT GRAĐANINA U HRVATSKOM I JUGOSLAVENSKOM USTAVNOM PORETKU OD 1944. DO 1990. GODINE.
- Author
-
Kosnica, Ivan
- Subjects
- *
WORLD War II , *COMMUNITIES , *CONSTITUTIONAL law , *REPUBLICANS , *CONSTITUTIONS - Abstract
The paper relates to the concept of citizen in the Croatian and Yugoslav constitutional orders from 1944 until 1990. The paper deals with the analysis of the most important constitutional acts that affected citizens starting from those enacted by the Yugoslav and Croatian authorities at the end of the Second World War and its aftermath. In addition, the paper conducts an analysis into the federal and republican constitutional law of 1953, federal and republican constitution of 1963 and federal and republican constitution of 1974. The paper sets forth that the authorities shaped the concept of citizen in line with the socialistic principles while at the same time gradually abandoning individual approach towards citizens. In addition, it is pointed out that socialistic constitutions emphasized class terminology in their constitu)tional texts and interests of the community over the individual interests. Furthermore, the paper indicates that in the constitutional acts, specifically those enacted in the aftermath of the Second World War and in the acts of 1974, the authority emphasized ethnic equality as an important feature of the constitution. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
4. NEKE AKTUALNE GRAĐANSKOPRAVNE DIMENZIJE KAZNENOG PRAVA I KAZNENOG SUDOVANJA - USTAVNOPRAVNI ASPEKTI.
- Author
-
Radolović, Aldo and Šarin, Duška
- Subjects
CIVIL law ,CRIMINAL law ,ADMINISTRATIVE procedure - Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2016
5. ZDRAVLJE KAO PRAVNA VRIJEDNOST I FAKTORI ZDRAVLJA.
- Author
-
Harašić, Žaklina
- Subjects
CUSTOMARY law ,FOOD laws ,ENVIRONMENTAL law ,CRIMINAL law ,CONSTITUTIONAL law ,EXERCISE - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
6. NEDOSTATNI I IRELEVANTNI USTAVNI RAZLOZI ZA UKIDANJE KAZNENIH PRESUDA PO USTAVNOJ TUŽBI BIVŠEG PREDSJEDNIKA VLADE RH U PREDMETU "INA MOL" (Odluka Ustavnog suda RH U-III-4149/2014).
- Author
-
Đurđević, Zlata
- Subjects
CRIMINAL procedure ,CONSTITUTIONAL law ,CONSTITUTIONAL courts ,CRIMINAL courts ,CRIMINAL law ,BENEFIT parties ,INVESTOR-state arbitration - Abstract
Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
7. ISTRAGA PREMA NOVELI ZAKONA O KAZNENOM POSTUPKU.
- Author
-
Pajčić, Matko
- Subjects
CRIMINAL procedure ,CRIMINAL justice system ,CRIMINAL law ,APPELLATE procedure ,CONSTITUTIONAL law - Abstract
Copyright of Croatian Annual of Criminal Law & Practice / Hrvatski Ljetopis za Kazneno Pravo i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
8. SUDSKA KONTROLA KAZNENOG PROGONA PREMA NOVELI ZAKONA O KAZNENOM POSTUPKU.
- Author
-
Novokmet, Ante
- Subjects
CRIMINAL justice system ,CRIMINAL procedure ,CONSTITUTIONAL law ,CRIMINAL law ,APPELLATE procedure - Abstract
Copyright of Croatian Annual of Criminal Law & Practice / Hrvatski Ljetopis za Kazneno Pravo i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
9. POJAM I ZNAČENJE TUMAČENJA PRAVNIH NORMI U BOSNI I HERCEGOVINI.
- Author
-
Simović, Miodrag N. and Simović, Milena
- Subjects
CONSTITUTIONAL law ,CONSTITUTIONS ,STATUTORY interpretation ,CRIMINAL procedure ,CONSTITUTIONAL courts - Abstract
Copyright of Anali Pravnog Fakulteta Univerziteta u Zenici is the property of Anali Pravnog Fakulteta Univerziteta u Zenici and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
10. Javnopravno uređenje zvanične toponimije.
- Author
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Đurić, Vladimir and Vranješ, Nevenko
- Abstract
Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2016
- Full Text
- View/download PDF
11. Kontrola ustavnosti i zakonitosti rada neovisnih upravnih tijela.
- Author
-
Vučković, Josip
- Subjects
CONSTITUTIONAL law ,CIVIL rights - Abstract
Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2016
12. SUVERENITET I BOSNA I HERCEGOVINA: POSTMODERNA PARADIGMA.
- Author
-
Mijović, Pavle
- Subjects
SOVEREIGNTY ,CONSTITUTIONAL law - Abstract
Copyright of Pregled is the property of University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2016
13. O EKONOMSKOJ INTERPRETACIJI USTAVA C. A. BEARDA.
- Author
-
Bačić, Arsen
- Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2015
14. HRVATSKE VJERSKE ZAJEDNICE U (PROTU) VEĆINSKOJ PRIZMI SVJETOVNE DRŽAVE.
- Author
-
Miloš, Matija
- Subjects
CROATIAN politics & government, 1990- ,CONSTITUTIONAL law ,DEMOCRATIZATION ,RELIGION & politics ,MAJORITARIANISM - Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
15. DOKTRINA SUDSKE KONTROLE (JUDICAL REVIEW) Marbury v. Madison (1803).
- Author
-
Halapić, Edin
- Subjects
ACTIONS & defenses (Law) ,JUDICIAL process ,CONSTITUTIONAL law ,DELEGATION of powers ,EXECUTIVE power - Abstract
Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
16. ZDRAVSTVENO STANJE VISOKIH DRŽAVNIH DUŽNOSNIKA KAO POLITIČKO I USTAVNOPRAVNO PITANJE - SLUČAJ BOLESTI PREDSJEDNIKA FRANJE TUĐMANA.
- Author
-
Vrabec, Samir
- Subjects
- *
HEALTH & social status , *PUBLIC officers , *POLITICAL science , *CONSTITUTIONAL law , *PRESIDENTS , *PUBLIC interest , *MEDICAL ethics , *HUMAN rights - Abstract
Although the sickness can equally befall each person in hectic living conditions, yet when illness strikes President of the State or Prime minister, a different perception emerges in public. Image of strenght and the ability of state official is critical for existence of public confidence and stability of the political system. Elementary question that arises is, when for health reasons, desired public image is left out: whether to inform the public about his health, to which extent, to deny it, or even to cover it up. In this paper we examine the situation of the disease that involves high government official: President of the State, Prime minister, minister, member of the representative assembly, in one word politician, and its impact on his actions and decisions which may have or have consequences for the public interest and government policies that are being implemented. The paper deals with content and nature of the relationship between a physician and a medical team and high government official, the role of the physician in determining the need to carry out succession procedure of high government official because of a disease that prevents him to perform his powers and duties, informing the public about the health of the government official, when and should it be restricted, and the development of public culture in that field. The disease of the first Croatian president Franjo Tuđman was analyzed through the above-mentioned aspects, and author gives a review and assessment of its political and constitutional resolving with commentary of current constitutional regulation of this issue. [ABSTRACT FROM AUTHOR]
- Published
- 2013
17. USTAVNOPRAVNO NAČELO JEDNAKOSTI I PRAVNO UREĐENJE ISTOSPOLNIH ZAJEDNICA.
- Author
-
Barić, Sanja and Vincan, Sanja
- Subjects
LEGAL status of gay couples ,EQUALITY laws ,CONSTITUTIONAL history of civil rights ,HUMAN rights ,CONSTITUTIONAL law ,CROATIAN politics & government, 1990- - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
18. ZNAČENJE POJMA ZAŠTIĆENI NAJMOPRIMAC KROZ PRESJEK ZAKONSKIH POSTULATA I USTAVNOSUDSKE PRAKSE.
- Author
-
Babić, Marko and Rudec, Renata Gerkman
- Subjects
LANDLORD-tenant relations ,CONSTITUTIONAL law ,JUDGE-made law ,CROSS-sectional method ,LEGISLATORS - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
19. NAKNADA KAO BITAN ELEMENT UGOVORA O LICENCI.
- Author
-
Bubalo, Lana
- Subjects
- *
LICENSE agreements , *COMPENSATION (Law) , *LUMP sum distributions (Pensions) , *INTELLECTUAL property , *CONSTITUTIONAL law - Abstract
This paper analyses various aspects of compensation, as one of the essential elements of a license agreement. The compensation (license fee) is the equivalent for the right to use the intellectual property rights, and is the main reason why the holder of the patent, trademark, industrial design, know how, integrated circuit topographies and plant breeders rights decides to transfer them to others. The Law of Bosna and Herzegovina does not prescribe gratis (free) licenses, and since a need to for such a contract may occur in practice, it is suggested that they should be regulated de lege ferenda. In order for the license agreement to meet the economic interests of both parties, the fee must be optimally determened. There are a number of ways to determine the license fee, which are dealt with in this paper. Lump-sum payments can be payed at once or partially, royalties can be connected to sale, profit or production, and it is also possible to combine lump-sum payments and royalties. Cross-licensing involves the exchange of industrial property, and is one of the specific forms of payment which large companies prefer. [ABSTRACT FROM AUTHOR]
- Published
- 2012
20. NOVI ZAKON O PARNIČNOM POSTUPKU REPUBLIKE SRBIJE.
- Author
-
BoranijaŠević, Vladimir
- Subjects
CRIMINAL procedure ,LEGAL procedure ,CIVIL procedure ,ACTIONS & defenses (Law) ,CONSTITUTIONAL law - Abstract
Copyright of Anali Pravnog Fakulteta Univerziteta u Zenici is the property of Anali Pravnog Fakulteta Univerziteta u Zenici and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
21. OBJEKTIVNA KUMULACIJA TUŽBENIH ZAHTJEVA.
- Author
-
Mulabdić, Senad
- Subjects
LEGAL procedure ,DEFENDANTS ,ACTIONS & defenses (Law) ,CONSTITUTIONAL law ,CRIMINAL procedure - Abstract
Copyright of Anali Pravnog Fakulteta Univerziteta u Zenici is the property of Anali Pravnog Fakulteta Univerziteta u Zenici and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
22. PREGLED TEORIJSKIH PRILOGA O DRŽAVI U PRAVNIČKOM ČASOPISU „MJESEČNIK“ (1875-1945).
- Author
-
Harašić, Žaklina and Pezeli, Vilma
- Subjects
- *
CONSTITUTIONAL law , *PRACTICAL politics , *DEMOCRACY , *SOVEREIGNTY , *THEORY (Philosophy) , *SCIENCE & law - Abstract
The authors regard this paper as a partial contribution to the rare research into the history of the theory of state. In this paper they have analysed not only legal theory texts concerning the state from general legal aspects but also from the aspects of other similar sciences - philosophy, sociology, politics and constitutional law. They analyse texts chronologically to show the representation of some problem areas in a certain period. Given their relationship to the problem area, all texts can be placed in the following groups: texts dealing with democracy and other types of state, sovereignty and other specific attributes of the state, organization of the state, changes in legal order and texts from constitutional law if they concern general legal problems. The most represented authors published in "Mjesecnik" are: Fran Milobar (published from 1922 to 1938) and Ladislav Polic (1903-1918). [ABSTRACT FROM AUTHOR]
- Published
- 2009
23. BITNA OBILJEŽJA I USTAVNOPRAVNA OSNOVA OPCIJSKOG INSTRUMENTA EUROPSKOG UGOVORNOG PRAVA.
- Author
-
Petrić, Silvija and Puvača, Maja Bukovac
- Subjects
CONSTITUTIONAL law ,INTERPRETATION & construction of contracts ,CONFLICT of laws ,CONTRACT system (Labor) ,ADMINISTRATIVE law ,LAW reform ,LEGISLATION ,GOVERNMENT policy ,CONTRACTS - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2009
24. Djeca ulice.
- Author
-
Vdović, Lana
- Subjects
- *
STREET children , *LEGISLATIVE bills , *CHILDREN'S societies & clubs , *STATESMEN , *LEGISLATORS , *CONSTITUTIONAL law , *LEGISLATIVE power - Abstract
In this paper the author deals with the phenomenon of street children. To begin with, the author focuses on the meaning of the notion itself and the definition of street children, whereupon the author continues to contemplate the causes of the problem, at the same time referring to the role of the family in this phenomenon. Subsequent to this follows the description of everyday life of these children, examples of what they deal with on daily basis, how they survive and what they are up against. Author also analyzes statistical data on gender, age, origin and habits of the street children. By the end of the paper the author discusses the possible solutions of the problem-those already existing and those yet to be introduced. In the end, the author reviews and comments upon the role and the responsabilities of politicians, legislation, executive power and the society as a whole. [ABSTRACT FROM AUTHOR]
- Published
- 2008
25. Pravednost i pravičnost u filozofiji prava.
- Author
-
Vuchetich, Laurenz
- Subjects
- *
JUSTICE (Virtue) , *LAW -- Social aspects , *ETHICS , *POLITICAL doctrines , *PHILOSOPHERS , *THEORY of knowledge , *SOCIAL justice , *CONSTITUTIONAL law , *JUSTICE administration - Abstract
The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]
- Published
- 2007
26. Međunarodni kazneni sud.
- Author
-
Mudrić, Mišo
- Subjects
- *
CRIMINAL courts , *INTERNATIONAL courts , *JURISDICTION , *CONSTITUTIONAL law - Abstract
This paper is an attempt to define the concept, frame and jurisdiction of the International Criminal Court. Through examining the Court on the basis of the Rome Statute, the attention is given to the theoretical papers which contain pro and contra arguments concerning the existence and quality of the Court. Moreover, a possible role of the Court in the system of international justice is contemplated, combined with its conjunction with the Constitutional Law, the leading foundation of modern states. As an additional supplement to the paper, a relationship between the Court and the United States of America is closely examined through the work of selected authors. [ABSTRACT FROM AUTHOR]
- Published
- 2006
27. Državni predujam za uzdržavanje djece.
- Author
-
Rešetar, Branka
- Subjects
- *
LEGAL status of children , *SOCIAL security laws , *DOMESTIC relations , *ECONOMIC security , *SOCIAL security , *CONSTITUTIONAL law , *INTERNATIONAL law - Abstract
In the paper, the author starts from the constitutional and international-law obligation of the state to ensure a dignified life and guaranteed life standard to children in case of the lack of family-law support. The paper presents the measures of the family law and social security law which are envisioned de lege lata in the Republic of Croatia as the substitutes in case of the lack of family-law support of the children, as well as their conceptual division. In some European countries, the problem of the parental failure to pay the support is solved through the payment of the advance from specially established funds. The institute of advance for the support is comparatively presented in the paper, and based on the described European solutions and referring to the Council of Europe Recommendation on the Advance for the Support, a de lege ferenda solution is offered for the Republic of Croatia. [ABSTRACT FROM AUTHOR]
- Published
- 2005
28. Načelo diobe i načelo jedinstva vlasti i njihova primjena s posebnim osvrtom na poremećaj nadležnosti među državnim tijelima u stanju prijeke nužde.
- Author
-
Burazin, Luka
- Subjects
- *
EXECUTIVE power , *POLITICAL science , *CONSTITUTIONAL law , *DELEGATION of powers , *INTERNATIONAL relations , *POLITICAL doctrines , *REAL property - Abstract
In this paper, the author analyses two principles - the principle of separation of powers and the principle of unity of powers, worked out thoroughly within constitutional law and political doctrine, about how the relations between the bodies that deal with different categories of state functions (legislative, executive and judicial) should be constituted, aiming at the limitation and control of powers and the prevention of their abuses, so that the freedom of every individual could be protected. The author also examines the possibility of realizing these principles through the constitutional text and through the constitutional political reality. In the final part of this paper, the author focuses on the issue of dislocation of competences between the state bodies (in favor of executive power) in the state of emergency, and he points out how states, without regard to different types of power organization, and within the complete system of limitation of powers, in states of emergency (such as war, disorder, earthquake, rebellion and similar), endeavor to achieve some level of control of the executive power, though the executive power, with special mechanisms, on the account of state of emergency largely extends its competences, which threatens with greater possibility of power abuses than in normal circumstances. [ABSTRACT FROM AUTHOR]
- Published
- 2004
29. POSTUPOVNA JAMSTVA ZA DJECU KOJA SU OSUMNJIČENA ILI OPTUŽENA U KAZNENIM POSTUPCIMA SUKLADNO DIREKTIVI EU/2016/800.
- Author
-
Horvat, Lidija
- Subjects
CONSTITUTIONAL law ,LEGAL rights ,JUSTICE administration ,CONSTITUTIONAL courts ,CRIMINAL procedure - Abstract
Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
30. KONSTITUTIVNOST NARODA - BITNI ELEMENT KONSTITUTIVNOSTI EUROPSKE BIH.
- Author
-
Arlović, M.
- Subjects
EUROPEAN Union membership ,CIVIL rights ,CONSTITUTIONAL law ,POLITICAL elites ,CONSTITUTIONAL courts ,PEACEBUILDING ,CONSTITUTIONALISM - Abstract
Copyright of Mostariensia: Journal of Social Sciences & Humanities is the property of University of Mostar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
31. USTAVNI PRINCIP JEDNAKOSTI GRAĐANA PRED ZAKONOM U PORESKOM SISTEMU CRNE GORE: USTAVNOST ZAKONA O TAKSAMA (POREZIMA) NA USLUGE OD OPŠTEG INTERESA.
- Author
-
Vukčević, Ilija
- Subjects
CONSTITUTIONAL law ,TAX laws ,TOBACCO laws ,CONSTITUTIONAL courts ,JURISDICTION - Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
32. RELATIONSHIP BETWEEN CONSTITUTIONAL AND OTHER BRANCHES OF LAW
- Author
-
Tomljenović, Ivana and Mezak Matijević, Mirela
- Subjects
povezanost ,grane prava ,DRUŠTVENE ZNANOSTI. Pravo ,ustavno pravo ,temeljna prava ,constitutional law ,connectedness ,norme ,fundamental rights ,importance ,SOCIAL SCIENCES. Law ,branches of law ,važnost ,norms - Abstract
Tema završnog rada je „Odnos ustavnog i drugih grana prava“. Cilj rada je, kao i što piše u naslovu, prikazati odnos ustavnog prava te njegovu važnost i povezanost u drugim granama prava. Zbog prevelikog broja grana prava u radu će biti obrađene samo pojedine grane prava i njihova povezanost s ustavnim pravom točnije bit će obrađeno nekoliko najvažnijih grana prava. Bit će prikazana važnost normi koje određuje ustavno pravo i Ustav Republike Hrvatske prema upravnom, i kaznenom pravu, prekršajnom, obiteljskom, građanskom, radnom i socijalnom, ali i međunarodnim pravom. Cilj rada je i prikazati kako ustavno pravo služi kao temelj prava pri razradi i obradi određenih normi u drugim granama prava. The theme of this final paper is "Relationship between Constitutional and other Branches of law". The aim of this paper is, as the title implies, to show the relation between constitutional law and its importance and connection in other branches of law. Due to the excessive number of branches of law, only certain branches of law will be dealt with in their work, and their connection with constitutional law more precisely, several of the most important branches of law will be addressed. The importance of the norms determined by the constitutional law and the Constitution of the Republic of Croatia under administrative and criminal law, misdemeanor, family, civil, labor and social, as well as international law will be presented. The aim of the paper is to show how constitutional law serves as the foundation of law in the elaboration and processing of certain norms in other branches of law.
- Published
- 2020
33. POLEMIKE O STATUSU DRŽAVE I KRALJEVINE SHS
- Author
-
Igor Ivašković
- Subjects
Constitution ,media_common.quotation_subject ,Interpretation (philosophy) ,Constitutional law ,Kingdom of SCS ,Kingdom of Serbia ,State of SCS ,Yugoslav ideologies ,ustavno pravo ,država shs ,Context (language use) ,kraljevina srbija ,Politics ,State (polity) ,Argument ,Political science ,Law ,jugoslavenstvo ,Kraljevina SHS ,Kraljevina Srbija ,Država SHS ,Legal opinion ,kraljevina shs ,media_common - Abstract
Temeljna je ambicija ovog članka analizirati pitanje pravnog (dis)kontinuiteta između Kraljevine Srbije i Kraljevine SHS u kontekstu međunarodnog spora između njemačke i Kraljevine SHS te pritom otkriti uzroke različitih tumačenja presude u predmetnom sporu. Autor najprije, služeći se tehnikama povijesno- pravne i analitičke metode pri proučavanju dokumenata i sekundarnih mišljenja političara te ustavnih pravnika, daje kratak pregled međunarodnih okolnosti koje su omogućile formiranje poslijeratnih država, nakon čega sažima različite stavove o pravnom statusu Države SHS i karakteru Prvoprosinačkog akta, koristeći pritom tadašnje i današnje međunarodnopravne i ustavnopravne kriterije. nakon toga u okviru razmatranja središnjeg pitanja zaključuje kako je tadašnje tumačenje ivana Žolgera, kako je unatoč presudi u predmetnom sporu Kraljevina SHS ipak bila nova država jer ista nije stvorena u skladu s Ustavom Kraljevine Srbije, pravno najdosljednije. Pored konstatacije kako je Država SHS zadovoljavala temeljne kriterije državnosti te da je formiranje Kraljevine SHS prekinulo ustavnopravni kontinuitet Kraljevine Srbije, doprinos studije očituje se i kroz argumentaciju kako različita pravna shvaćanja u ovom predmetu ipak nisu bila toliko rezultat pravnih dvoumica, već su u prvom redu bila odraz jedne od mnogih političkih bitaka između sukobljenih državnih ideologija., The article aims mainly at analyzing the issue of legal (dis)continuity between the Kingdom of Serbia and the Kingdom of Serbs, Croats and Slovenes (hereinafter the Kingdom of SCS) within the context of an international dispute between Germany and the Kingdom of SCS, and to revealing the reasons for different court decisions interpretations in a particular case. By using the techniques of historical-legal and analytical methods in researching into documents and secondary opinions given by politicians and constitutional lawyers, the paper first gives a brief overview of international circumstances that enabled the post-war states formation. It also summarizes different opinions regarding the legal status of the State of SCS and the character of the First-December Act taking into account historical and modern international and constitutional criteria. The conclusion is made in the context of discussion regarding the central issue that Ivan Žolger’s interpretation that despite the verdict in the particular case, the Kingdom of SCS was a new state, since it was not created in accordance with the 1903 Constitution of the Kingdom of Serbia. In addition to the argument that the State of SCS met the basic criteria of statehood, and that the formation of the Kingdom of SCS interrupted the constitutional continuity of the Kingdom of Serbia, the contribution of the paper lies in the argument that different legal opinions were not so much the result of legal ambiguities, but primarily a reflection of one, out of many, political battles fought between the conflicting state ideologies.
- Published
- 2020
34. MODALITETI ZAŠTITE OSOBA S INVALIDITETOM U REPUBLICI HRVATSKOJ.
- Author
-
Vajda, A.
- Subjects
- *
DISABILITY laws , *SERVICES for people with disabilities , *LABOR union members , *SOCIAL groups , *CONSTITUTIONAL law , *GOVERNMENT policy , *STRATEGIC planning - Abstract
The paper addresses issues relating to the protection of disabled persons, a particularly vulnerable social category, with accent on the implementation of the National Disabled Persons Strategy in the Republic of Croatia in the period from 2007 to 2015. The author provides an abbreviated overview of different modalities for the protection of disabled persons by listing the guaranteed constitutional and legal rights of disabled persons exercised individually or through membership in the Croatian Union of Associations of Disabled Persons or in the Croatian Union of Associations of Labour Invalids through their various local associations on the territory of Croatia. [ABSTRACT FROM AUTHOR]
- Published
- 2013
35. RAZGRANIČENJE NADLEŽNOSTI ZA OCJENU USTAVNOSTI I ZAKONITOSTI OPĆIH AKATA LOKALNE SAMOUPRAVE.
- Author
-
Antić, Teodor
- Subjects
LOCAL government ,CONSTITUTIONAL law ,ADMINISTRATIVE law ,CONSTITUTIONAL courts - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
36. Religijska tolerancija u Milanskom ediktu i u Ustavu Medine.
- Author
-
Đurić, Drago
- Subjects
CONSTITUTIONS ,CONSTITUTIONAL law ,CONSTITUTIONALISM ,POLITICAL systems - Abstract
Copyright of Filozofija i Drustvo is the property of University of Belgrade, Institute for Philosophy & Social Theory and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
- Full Text
- View/download PDF
37. USTAVNA I NADNACIONALNA OGRANIČENJA OVLAŠTENJA NA OPOREZIVANJE.
- Author
-
Arbutina, Hrvoje
- Subjects
TAXATION ,CONSTITUTIONAL law ,SUPRANATIONALISM ,AUTHORITY ,PUBLIC law ,POLITICAL science - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
38. Turski ustavnosudski conundrum i zabrana političkih stranaka: dileme ustavne reforme 2010. godine.
- Author
-
Čaić, Bojan
- Subjects
- *
CORPUS callosum , *CONSTITUTIONAL law , *LIBERTY , *DEMOCRACY , *POLITICAL parties ,TURKISH politics & government - Abstract
In this paper issues of a colossal significance for the constitutional order, democratisation process, liberalisation and the pluralistic political party system in the Republic of Turkey are considered. In the first part, the author analyses the institutional framework for political parties ban by the Constitutional Court of the Republic of Turkey. His analysis continues with a detailed review of the Constitutional Court case law in important cases most of which had their epilogue before the European Court of Human Rights. Thus, the cases are mentioned of the United Communist Party of Turkey (TBKP), the Socialist Party (SP), the Freedom and Democracy Party (ÖZDEP), the Welfare Party (Refah Partisi), the Justice and Development Party (AKP). Further on, the constitutional changes of 2010 and their implications on the specific structure and the protective role of the Constitutional Court, as well as parties' freedom in Turkey, are discussed critically. Finally, the author suggests solutions to the above mentioned issues, and concludes that, taking into ac- count partial and insufficient effects of multiple reforms of the largely restrictive Constitution of 1982, the time has come to adopt a completely new constitution, predominantly oriented towards strengthening of fundamental human rights and freedoms, especially those of a political nature, rule of law and democracy. [ABSTRACT FROM AUTHOR]
- Published
- 2012
39. O(P)STANAK WESTMINSTERSKOG SUSTAVA: NEUSPJEŠNI BRITANSKI REFERENDUM O IZBORNOM SUSTAVU ALTERNATIVNOGA GLASOVANJA.
- Author
-
Podolnjak, Robert and Bačić, Petar
- Subjects
REFERENDUM ,CONSTITUTIONAL law ,DEMOCRACY ,REPRESENTATIVE government ,ELECTIONS ,PUBLIC welfare - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
40. USTAV REPUBLIKE HRVATSKE I NAJVIŠE VREDNOTE USTAVNOG PORETKA.
- Author
-
Bačić, Arsen
- Subjects
CONSTITUTIONAL law ,POLITICAL doctrines ,CONSTITUTIONALISM ,SOVEREIGNTY ,CONSTITUTIONS - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
41. USTAVNI SUD REPUBLIKE HRVATSKE O PRAVIMA NA POMORSKOM DOBRU.
- Author
-
Vuković, Ante
- Subjects
CONSTITUTIONAL law ,SHIPYARDS ,BUSINESS enterprises ,LAW ,PUBLIC law ,ADMINISTRATIVE law ,SHIPBUILDING industry ,INDUSTRIES ,SHIPS ,DEFENSE industries - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2011
42. NOVI OPĆIUPRAVNI POSTUPNIK I NOVI UPRAVNO-SUDBENI POSTUPNIK -- NEKA RAZ-MATRANJA U SUVISLOSTI PROMICANJA JAVNO-PRAVNOGA RASUDJIVANJA.
- Author
-
Babac, Branko
- Subjects
- *
ADMINISTRATIVE procedure , *LEGAL judgments , *GOVERNMENT corporations , *ADMINISTRATIVE acts , *CONSTITUTIONAL law ,CROATIAN politics & government, 1990- - Abstract
General administrative procedure system established in the Republic of Croatia in 1991 - with the Law on Acceptance of Law on General Administrative Procedure (Narodne Novine no. 53/91, 103/96 - hereinafter: Z.U.P. - 91) may be considered 'temporary', regardless of the fact that system arranging lasted for a quite long period of time - since 8 October 1991 (the day Croatia proclaimed independence) until 31 December 2009 (as the final day of the law validity, until 1 January 2010 as the day the (new) Law on General Administrative Procedure came into effect - Narodne Novine no. 47/09, hereinafter: Z.U.P. - 09). In this regard it should be noted that arranging of administrative-judicial procedure was also 'temporary'. Thus the Law on Acceptance of Law on Administrative Disputes (Narodne Novine no. 53/91, 9/92, 77/92, hereinafter: Z.U.S. - 91) has recently been substituted by the new Law on Administrative Disputes (Narodne Novine no. 20/10, hereinafter Z.U.S. -10), which is to come into effect not before 1 January 2012 (Article 92, Z.U.S. - 10). It is surely necessary to interpret the meaning of numerous Z.U.P.-09 institutes, however for the aim of this paper concerning the need to enhance the 'public-legal judgements', three observations have been chosen, referring to their meaning: firstly, procedure correlations to theoretical thinking on single acts of public authorities and bodies or legal persons with public authorities; secondly, in relation to new concept development of an administrative dispute in accordance with securing 'general judicial review of public authority or bodies or legal persons with public authorities and rendering public services; thirdly, in relation to the principle of 'protecting the acquired party rights.' The article comprises five (5) parts as follows: 1. On advantages and disadvantages of new general administrative procedure concerning the promotion of 'public-legal judgements' (…-…). 2. On 'general judicial review' (…-…). 3. The exhaustion of the 'prior legal ways' entangled with 'general judicial review' (…-…). 4. On meaning of some public-legal versions by rule of the new administrative- judicial procedure (…-…). 5. Final assessment and analyses - 'Administrative decision making' and 'administrative system ' (…-…). [ABSTRACT FROM AUTHOR]
- Published
- 2010
43. VAÐENJE POTONULIH STVARI U HRVATSKOM PRAVU DE LEGE LATA I DE LEGE DESIDERATA.
- Author
-
Wolff, Vesna Skorupan
- Subjects
MARITIME law ,CONSTITUTIONAL law ,DELEGATED legislation policy ,INTERPRETATION & construction of international law ,LEGISLATIVE bodies ,JUSTICE administration ,CIVIL law ,CRIMINAL procedure ,LAW - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2010
44. PRAVNI LIJEKOVI U UPRAVNOSUDSKOM POSTUPKU.
- Author
-
Barlek, Inga Vezmar
- Subjects
ACTIONS & defenses (Administrative law) ,ADMINISTRATIVE law ,PUBLIC administration ,CONSTITUTIONAL law ,JUDICIAL power ,ADMINISTRATIVE courts ,LEGAL judgments ,CIVIL procedure - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2010
45. USTAVNE PROMJENE I DILEME KONSTITUCIONALIZMA.
- Author
-
Bačić, Arsen
- Subjects
CONSTITUTIONAL law ,ETHNIC relations ,SOCIOLOGICAL jurisprudence ,AUTHORITY ,GOVERNMENT policy ,CIVIL society ,POLITICAL autonomy ,DEMOCRACY - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2009
46. USTAVNI OBIČAJ U BOSNI I HERCEGOVINI - OSVRT NA IZBOR SUDIJA USTAVNOG SUDA BOSNE I HERCEGOVINE.
- Author
-
Balić, Lejla
- Subjects
CONSTITUTIONAL courts ,CONSTITUTIONALISM ,JUDGES ,COURT personnel ,CONSTITUTIONAL law ,EQUAL rights ,POLITICAL doctrines ,LEGAL professions - Abstract
Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2009
47. KLASIČNO UČENJE O DIOBI VLASTI I ODNOSI IZMEĐU GRANA VLASTI.
- Author
-
Bačić, Petar
- Subjects
- *
CONSTITUTIONAL law , *PUBLIC law , *EXECUTIVE power , *JUDICIAL power , *LEGISLATIVE power , *PRACTICAL politics - Abstract
Conventional wisdom in modern comparative constitutional law that trias politica is a correct political theory that even today represents one of the most reliable starting points for a systematic reasearch of public law and a useful cognitive instrument. However, the search for an answer about real interaction among three powers has become more necessary, in particular that of the position of judicial power related to legislative and executive powers. In the paper the author considers and assesses this relation in theory and practice of different government authorities organisation patterns (parlamentary system, presidential system, semi-presidential, i.e. mixed systems etc.). [ABSTRACT FROM AUTHOR]
- Published
- 2009
48. Naknada štete prouzročene izvanrednim događajima.
- Author
-
Marušić, Moreno
- Subjects
- *
TERRORISM , *LEGAL liability , *OBLIGATIONS (Law) , *POLITICAL crimes & offenses , *CONSTITUTIONAL law , *JUSTICE administration , *TERRORISTS , *WAR (International law) , *PUBLIC demonstrations - Abstract
In this paper the material of responsibility of the state for the damages caused by terrorist acts, public demonstrations and manifestations has been presented. The article 180. of Contractual obligations act has been for many years the ground for this responsibility. According that article, the state was in obligation to repair this damage no matter the amount or kind of the damage. In 1996. the Act for changing the Contractual obligations act has erased article 180. and the court proceedings have been stopped. The reason for that were many charges brought against the Republic of Croatia for repairing this damage which also represented an enormuous economic weight against its budget. In 2003. a new act has been brought by the name an Act which regulates the responsibility for the damage caused by terrorist acts and public demonstrations. That act substituted article 180. of Contractual obligations act and the court proceedings continued. That act also made some changes in the system of state's responsibility for the damage caused by this events because that responsibility was now restricted regarding the amount and the type of damages. Because of that, many damaged persons were now left without any reparation or that reparation was decreased. Many of this events happened during the National war. That is a very important fact because the courts also found that some of this events can be regarded as war damage. The state is not responsable for war damage and that means that this courts attitude and the new law were a huge regress for the damaged persons. [ABSTRACT FROM AUTHOR]
- Published
- 2007
49. Pravna i etička pitanja embarga na oružje u pravnom sustavu Ujedinjenih naroda.
- Author
-
Tot, Ivan
- Subjects
- *
EMBARGO , *JUSTICE administration , *INTERNATIONAL sanctions , *LAW enforcement , *LEGAL compliance , *POLITICAL ethics , *CONSTITUTIONAL law - Abstract
This paper deals with the arms embargo as a coercive measure provided in Article 41 of the Charter of the United Nations. The author tries to elicit the legal definition of the term ⪡arms embargo⪢ and provides a short overview of the legal nature of this coercive measure. After examination of the various types of the arms embargo in the United Nations system, the enforcement of the arms embargo by the United Nations Security Council is reviewed. Afterwards, the author provides an analysis of several legal and ethical aspects of the arms embargo, as the most frequently employed and the most controversial of all measures without the use of force in the United Nations legal system. [ABSTRACT FROM AUTHOR]
- Published
- 2007
50. Cognitio extra ordinem u rimskom pravu.
- Author
-
Reskušić, Ivana Jaramaz and Medančić, Tomislav
- Subjects
- *
CRIMINAL law , *CIVIL law , *ADMINISTRATIVE & political divisions , *ADMINISTRATIVE courts , *EXECUTIVE power , *JUDICIAL power , *PUBLIC law , *ACTIONS & defenses (Law) , *CONSTITUTIONAL law - Abstract
This paper deals with two spheres of application of extraordinary cognition - criminal and civil law, while outlining its organizational and functional rules viewed in development from Augustus to Justinian. Analysis of cognitio extra ordinem in the protection of individuals' interests shows that this public-law procedure appeared as an exception to regular, formulary procedure of a private-law character, and that it was applied by new organs created by Augustus' delegation of judicial powers drawn from tribunitia potestas and imperium proconsulare. The gradual development of the Roman state to absolute oriental-type monarchy led to the consolidation of a network of hierarchically organised judicial organs, as well as of rules for a single dual-instance procedure, which in the time of Justinian took on their final shape of an exclusive judicial procedure of a libellar (written) type. Similarly, analysis of cognitio extra ordinem in the protection of the interests of the Roman community (at first, especially of the person of the princeps) shows that this public-law procedure of an inquisitory nature (with a written judgment containing not only the decision on the sanction, but also the legal grounds) appeared as extraordinary in relation to the regular system of quaestiones perpetuae characterised by an accusatory procedure. It was applied by new organs formed by delegation of Augustus' auctoritas. However, up until the 2nd century the Senate court operated, and developed its specific procedure, the so-called cognitio senatus. Further strengthening of imperial power during the 4th and 5th centuries highlighted the principles of singular and efficient cognitional criminal procedure, but also limited the principles of publicity, oral litigation and judges' freedom of ruling. [ABSTRACT FROM AUTHOR]
- Published
- 2006
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