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The article carries out a complex theoretical and legal analysis of transfer as a form of realization of the right to work by civil servants in Ukraine. In particular, the legal grounds, procedure and consequences of the transfer of civil servants are investigated, taking into account the regulatory framework and the practice of applying the current legislation. The main attention is paid to the study of the features of the transfer, its impact on the labor rights of civil servants, as well as ensuring the effectiveness of the functioning of state authorities. The relevance of the study is determined by the need to improve the legal regulation of labor relations in the field of public service, increase the requirements for professional mobility and adaptability of civil servants in the context of reforming the state apparatus of Ukraine. The scientific novelty of the work consists in the definition and systematization of the legal basis for the transfer of civil servants, the analysis of their compliance with international standards and practice, as well as in the development of recommendations for improving legislation in this area. The article highlights the main forms and types of transfer of civil servants, examines in detail the legal grounds for the transfer, in particular, initiation by the head of the civil service, reorganization and liquidation of state authorities, the need to avoid the subordination of relatives, etc. Particular attention is paid to the analysis of the impact of the transfer on the material situation, career development and realization of the right to work of civil servants. It was found that the transfer to a lower position, although not defined as a significant change in working conditions, actually leads to significant changes that require additional legal regulation and protection of employees' rights. Clear criteria and transfer procedures are proposed, which take into account both service needs and the rights and interests of civil servants themselves. An important place in the work is the analysis of the international experience of the legal regulation of the transfer of civil servants, in particular the models used in the countries of the European Union. The possibilities of adapting such models to Ukrainian realities in order to improve the efficiency of the civil service and protect the labor rights of civil servants have been studied. On the basis of the conducted research, a conclusion was made about the need to improve the legislation in the field of transfer of civil servants, to ensure the transparency and fairness of this process, as well as to create effective control mechanisms for compliance with the relevant procedures. The proposed recommendations can be used for further reform of the civil service system in Ukraine, contributing to increase its efficiency and the professional level of civil servants. [ABSTRACT FROM AUTHOR]

In practice, the Cooperative Education Unit (SPK) does not provide the same space for every Indonesian citizen to get a quality education. SPK has become a practice of educational capitalism that further widens the gap between one person and another and eliminates the principle of justice where everyone has the right to equal opportunities for education. The method used in this study is normative legal research that uses three approaches, namely the legislative approach, the case approach, and the conceptual approach. With the analysis using the perspective of critical law and the theory of Justice John Rawls. The result of this study is a policy recommendation so that the Cooperative Education Unit (SPK) school policy as a product of government policy in the education area contained in Permendikbud No. 31 of 2024 should be reviewed, corrected and returned to be a policy in accordance with national education goals. In order to be in line with the constitutional mandate to educate the life of the nation and to provide space or access to every citizen to get his or her constitutional right to education. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of legal regulation of the right to access to environmental information under the legal regime of martial law based on the analysis of international and national legal acts. The authors emphasise the particular negative impact of military operations on the condition of the environment. The authors point out the need to record these negative consequences and properly inform the public about them. The authors state the problem of the simultaneous need to protect national security and the right of citizens to environmental information. It is noted that national legislation not only enshrines the right of citizens to have access to environmental information, but also directly establishes the corresponding obligation of authorised entities to provide environmental information. The article analyses the Aarhus Convention and the possibility of denying access to environmental information for the purposes of national defence or state security. Attention is paid to international experience in ensuring access to information on the condition of the environment during armed conflicts. The authors conclude that the right to access to environmental information is an integral part of the right to a safe environment and is a basic right of every person guaranteed by both national and international law. However, under the legal regime of martial law, strategic information, which may include environmental data, can be used by the enemy. This requires a cautious approach to what information can be made available to the public and how to ensure security without limiting the right to environmental transparency. Although the current Decree of the President of Ukraine 'On the Implementation of Martial Law in Ukraine' does not provide for any specific restrictions on the right to environmental information during a special period, the state faces the need to balance the necessity to ensure national security and environmental human rights, preserve the environment and take effective actions to reduce the negative environmental impact of the war. [ABSTRACT FROM AUTHOR]

During the Italian Renaissance, Leonardo da Vinci conducted research on neuroscience, striving to explain “how the brain processes visual and other sensory input, and integrates that information via the soul”. Jonathan Pevsner observes that Leonardo da Vinci took an “integrative approach to art and science”. Today, research takes an integrative approach to law and science, examining how neuroscience works in the administration of justice. Neuroscience has contributed substantially to criminal adjudication by providing criminal law with context, encouraging humane sentencing, increasing objectivity in evidence, and supporting explanations that link brain anatomy with human behaviour. In addition, neuroscience prompts a re-evaluation of the concept of free will in human behaviour and the human brain. Although free will has been viewed as an assumption underlying criminal law, neuroscience suggests that free will may be an illusion. Neuroscience plays a crucial role in courts adjudicating crimes triggered by varying degrees of uncontrollability. Uncontrollability of actions occurs from conditions such as brain lesion, frontotemporal dementia, enlarged amygdala, and addiction to narcotics. The contributions of neuroscience to the justice system have the potential to be strengthened even further. Prospective measures for promoting individuals’ future well-being, ethical frameworks for safeguarding fundamental rights, enabling the symbiotic evolution of law and neuroscience, and removing obstacles to neuroscientific research are some of the ways to create an infrastructure in which law can benefit from the flourishing of neuroscience.

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

Mining in South Africa is said to be the driving force behind the history and development of the country’s economy. For mining to operate there must be people who are employed and responsible for the duties that are carried out during mining processes. The Labour Relations Act 66 of 1995 protects mineworkers as employees. Despite this, there are still significant obstacles that mineworkers must overcome at work. Owing to the nature of their work, they are subjected to health risks and industrial injuries that occasionally result in death. The purpose of this article is to discuss the general background of mining, the constitutional rights of mineworkers, and the protection afforded to mineworkers by various legislations. Using the qualitative research method with emphasis on desktop research methodology, the authors will evaluate whether the protection provided to mineworkers by their employers and relevant legislation is sufficient. It will later provide recommendations of what can be done to improve the protection of mineworkers in the workplace.

This article examines the protection of the constitutional rights of Pekalongan's women coastal workers against the loss of land rights due to sea flooding. Based on data from the Pekalongan Regional Disaster Management Agency (BPBD), in the last five years, more than 40% of the land in this coastal area has been submerged, affecting women's livelihoods. The juridical problem is that the Basic Agrarian Law (UUPA) does not regulate state compensation for destroyed land. Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2024 on Amendments to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 17 of 2021 on Procedures for Determining Land Destruction states that land parcels affected by tidal floods in Pekalongan can be categorized as land destruction. Land rights holders are given priority for reconstruction or reclamation within one year and receive a kerohiman fund if the land is used or reconstructed by the government. This research uses agrarian law and Islamic law approaches to evaluate the existing legal protections. The results show that constitutional protection for coastal women workers in Pekalongan already exists, but there are still some weaknesses. In addition, the practice of such protection has not been maximized. Some of these things are the main causes of inadequate legal protection of the rights of women coastal workers. Islamic law provides a more inclusive perspective on property rights and social justice, but its implementation is limited. This research contributes to the understanding of agrarian regulations in providing protection and compensation for women coastal workers as well as the understanding of Islamic principles in maintaining justice and welfare for those affected by tidal floods. Artikel ini mengkaji perlindungan hak konstitusional perempuan buruh pesisir pantai Pekalongan terhadap hilangnya hak atas tanah akibat rob. Berdasarkan data dari Badan Penanggulangan Bencana Daerah (BPBD) Pekalongan, dalam lima tahun terakhir, lebih dari 40% tanah di wilayah pesisir ini telah terendam, yang berimbas pada mata pencaharian perempuan. Masalah yuridis yang dihadapi adalah bahwa Undang-Undang Pokok Agraria (UUPA) tidak mengatur kompensasi negara bagi tanah yang musnah. Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 3 Tahun 2024 tentang Perubahan atas Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 17 Tahun 2021 tentang Tata Cara Penetapan Tanah Musnah menyatakan bahwa bidang tanah yang terdampak banjir rob di Pekalongan dapat dikategorikan sebagai tanah musnah. Pemegang hak atas tanah diberikan prioritas untuk rekonstruksi atau reklamasi dalam satu tahun dan mendapatkan dana kerohiman jika tanah digunakan atau direkonstruksi oleh pemerintah. Penelitian ini menggunakan pendekatan hukum agraria dan hukum Islam untuk mengevaluasi perlindungan hukum yang ada. Hasil penelitian menunjukkan bahwa perlindungan konstitusional bagi pekerja perempuan pesisir di Pekalongan sudah ada, tetapi masih terdapat beberapa kelemahan. Selain itu, praktik perlindungan tersebut belum maksimal. Beberapa hal inilah yang menjadi penyebab utama belum memadainya perlindungan hukum terhadap hak-hak perempuan buruh pesisir. Hukum Islam memberikan perspektif lebih inklusif tentang hak milik dan keadilan sosial, tetapi implementasinya terbatas. Penelitian ini berkontribusi pada pemahaman mengenai regulasi agraria dalam memberikan perlindungan dan kompensasi bagi perempuan buruh pesisir serta pemahaman prinsip-prinsip Islam dalam menjaga keadilan dan kesejahteraan bagi pihak yang terdampak banjir rob.

The right to work is one of the fundamental human rights guaranteed by international documents and the constitutions of most countries, including Ukraine. However, the conditions and restrictions relating to the right to work under martial law may change. Due to the constant threat to Ukraine’s independence, as well as to the lives and health of its citizens, the regulation of labour relations is substantially different from peacetime, which requires scientific substantiation. The purpose of this study was to outline the key provisions of labour law relating to the person’s exercise of the right to work according to the social and legal vector of the state’s activities under the legal regime of martial law. The study demonstrated the significance of ensuring stability and security under martial law but emphasised the temporary nature of restrictive measures. The importance of maintaining a balance between the interests of employers and employees was substantiated, as well as the development of labour legislation to accommodate the specifics of the situation during a military conflict. Human rights may not be violated in either peacetime or wartime. On the contrary, the state should create conditions for the free development of labour and the fulfilment of human potential. Based on formal legal analysis of wartime legislation of Ukraine, comparison of various regulatory documents and scientific positions, the study highlighted the problematic aspects of observance of the constitutional right to work. The relevant conclusions were formulated, outlining the legal ways to achieve the balance of interests of employer and employee and proposals for improving the legislation were identified. The recommendations proposed in this study may be used by the legislator to improve the current labour legislation of Ukraine

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

The results of the monitoring of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding compliance with the labor rights of persons with the status of persons who have disappeared under special circumstances are presented. The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. Attention was drawn to the fact that the observance of such rights, especially in the conditions of martial law, is an important aspect of state policy. The purpose of the article is to analyze the legislation regulating compliance with the labor rights of civilian employees who are missing due to military aggression by the russian federation. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge: dialectical, comparative-legal, formal-logical, systemic-structural. On the basis of the conducted analysis, it was established that the legal norms that guarantee the preservation of the labor rights of the investigated category of employees are imperfect, which prevents the proper realization of the constitutionally guaranteed labor rights of employees who are missing. It has been established that there are different approaches to ensuring the labor rights of civilian employees depending on the position. It was established that the absence of a clear list of persons authorized to perform state functions makes it impossible to determine a complete list of such persons. The role of the Ombudsman of Ukraine in observing the labor rights of the specified category of persons is emphasized. The imperfection of the mechanism of informing the owner of the Register of missing persons of the employer about the acquisition of such a status by the person was noted. It has been established that in the absence of a missing person, the employer is unable to pay wages to the relatives of the missing person, and there is no order among relatives in the possibility of receiving wages. On the basis of the conducted research, conclusions were formulated regarding the gaps in the legislation, which lead to the violation of the labor rights of the specified category of citizens. On the basis of the received conclusions, in the future, proposals for normative legal acts may be formulated with the aim of restoring the violated constitutional rights of the missing persons, as well as their family members and relatives.

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

This study aims to explore the legal concerns associated with limitations on public involvement in the preparation of environmental documentation under the Job Creation Law. This research is doctrinal and conducted using statutory, conceptual, and philosophical approaches. The results of the research and analysis conclude that public participation is a constitutional right. Therefore, limiting public participation, particularly for individuals who are directly impacted by a proposed business plan and/or activity, constitutes a constitutional violation. Restrictions on participation can potentially create antinomies or conflicts of norms between articles or even regulations within a law. Furthermore, in a broader scope, restrictions on public participation conflict with the principles of international environmental law, especially procedural environmental law.

The subject of this study encompasses the legal relations that emerge between citizens and officials within operational units of governmental bodies. Operational investigative activities typically occur covertly, rendering the involvement of a lawyer in such clandestine processes and the provision of qualified legal assistance to individuals subject to secret operational investigative measures impossible. This contravenes the core nature of operational investigative activities, which inherently rely on secrecy and confidentiality. Simultaneously, during the initial covert operational search activities, operational personnel, upon gathering requisite materials and information, reveal their affiliation with law enforcement agencies and proceed to detain a suspected individual. The objective of this study is to delineate the mechanism for safeguarding the right to competent legal assistance for individuals subjected to coercive actions by operational personnel. At the moment of transformation of covert operational investigative measures into public, the rights and freedoms of the person in respect of whom these measures were carried out may be limited and he needs to use the constitutional right to receive qualified legal assistance from a lawyer. The conclusions of the study. During the concluding phases of verification procurement, operational implementation, controlled delivery, and operational experimentation, if a determination is made to decrypt and publicly document the outcomes of operational searches, operational personnel undertake actions that curtail the rights and freedoms of individuals suspected of criminal involvement. Specifically, the following rights are briefly curtailed: the right to freedom of movement; the right to utilize means of communication; the right to inviolability of the home; the right to utilize and manage one's property (buildings, structures, land areas, and vehicles), encompassing objects, substances, and documents therein. The apprehension of a suspected individual, their personal search, and the inspection of the premises by law enforcement authorities are essential and integrated components of the operational search operation, initially conducted covertly and later transitioning into a public process. In this context, all obtained results should be collectively considered and appraised as the unified outcome of a specific operational search operation, subsequently formalized by an operational officer through a singular protocol detailing the entirety of these operational search activities. Once officials from operational units curtail the right to personal inviolability, freedom of movement, and other constitutional rights and freedoms, the suspected individual must be afforded the opportunity to exercise their right to competent legal assistance, as stipulated in Article 48 of the Constitution of the Russian Federation. Operational staff are required to notify the lawyer of the suspected person and ensure his admission to the place of the operational search activity. A lawyer retains the right to be present at any phase of publicly documenting the outcomes of an operational search operation and, as part of rendering legal assistance, can insist on adherence to the rule of law and provide comments in the protocol.

The school nurse works in the nexus of health care and education, combining laws and regulations from each discipline to create the boundaries of their practice. The U.S. Constitution provides fundamental rights for all citizens and is one example of the legal parameters that apply to school nursing practice. Without understanding the implications of this legal framework, the school nurse may not recognize situations that have the potential to deny students their guaranteed rights. Through a broad discussion of the Fourth (search and seizure), Fifth (protection from self-incrimination), and Fourteenth (equal protection, due process, and parental rights) Amendments, the author presents the dangers of disregarding or being unaware of these rights. The purpose of this article is to encourage school nurses to examine their practice through the lens of the legal protections afforded by the Constitution and to discuss considerations and recommendations to improved legal literacy and application to daily practice. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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.)

Free Speech as a practice impacts society at large along with a deep impact on the nature of the working of a nation as well. Free speech has been discussed as a theory and practice for ages but the impact of how far it is freely provided to the society matters a lot. Theorizing free speech and implementing it shall impact the society and the people living in it, as such rights are not only fundamental but also human in nature. This paper focuses on discussing the right of free speech, its legal trajectory through judicial review, and its facets such as rights, reasonable restrictions, etc. especially with reference to the Indian perspective. This paper shall draw the baseline to understand the concept of free speech as a right in India that shall affect the society at large. [ABSTRACT FROM AUTHOR]

It is indicated that in the process of the formation of Ukraine as a state with a developed market economy and the evolution of the civil service according to the European model, as a politically neutral apparatus of professional workers in state authorities, an urgent question for research remains the appeal to the positive foreign experience of the organization of the civil service, and especially - to the experience of exercising the right to work by civil servants. The article provides a thorough analysis of the legislative mechanisms of the Republic of Lithuania that regulate the labor rights of civil servants. The specifics of Lithuanian labor legislation have been studied, in particular the provisions that ensure effective protection of the rights and interests of civil servants, as well as contribute to increasing the efficiency of civil service. The article examines in detail the main aspects of Lithuanian legislation related to the right to work, working conditions, social guarantees and protection against discrimination. In particular, the mechanisms of ensuring equal opportunities, professional development, as well as improving the qualifications of civil servants are analyzed. The study focuses on effective practices that contribute to reducing the level of bureaucracy and increasing transparency in the civil service. The author gives a number of concrete ways of borrowing the positive experience of the Republic of Lithuania to the national labor legislation. Proposed measures include the implementation of transparent employment procedures, improvement of the system of motivation and performance evaluation of civil servants, as well as ensuring stable working conditions and social guarantees. Attention is also focused on the need to adapt the best practices from the Lithuanian experience to national realities, taking into account the specifics of the national legal system. The author offers practical recommendations for reforming the national labor legislation, which can significantly increase the efficiency and transparency of the civil service in Ukraine. Borrowing the positive experience of the Republic of Lithuania can become a key factor for improving the working conditions of civil servants, which, in turn, will contribute to improving the quality of public administration and meeting the needs of citizens. [ABSTRACT FROM AUTHOR]

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship. [ABSTRACT FROM AUTHOR]

Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. Moreover, some findings suggest that such treatments can have positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who desire such treatments is legitimate. Additionally, providing irreversible medical treatments solely to affirm gender identity can have physiological and psychological impacts. Thus, instead of affirming the desires of these children, medical physicians should focus on saving them from irreversible medical actions. This discourse is conducted by considering proportionally the constitutional rights of children, which need to be balanced with ensuring their knowledge and maturity in making decisions. [ABSTRACT FROM AUTHOR]

Whether we realize it or not, our smartphones/tablets store an extremely rich amount of information about ourselves, our daily activities, secrets, preferences, and plans. To talk about professional or purely private matters, we use communicators. For this data, modern technology gives us a sense of security. We are reassured by encryption based on alphanumeric codes. But remembering passwords that are too complex is inconvenient. That's why we often use biometric security - fingerprint readers or facial recognition. Not only for the unlocking of the device, but also for the effective use of many applications (e.g. mobile banking). But evidence of a crime could be a file, document, photo or conversation stored only on our device. Our crime. If law enforcement demands that we unlock the device, what should we do? Looking at modern legal solutions in this area, the international standard of not incriminating oneself is clear - we cannot be forced to reveal information stored only in memory (e.g. passcode). However, when it comes to whether we are required to place our thumb on a reader or look into a Face ID camera, the law is silent or extremely inconsistent. Paradoxically, the technology that makes our data more secure seems to have the opposite effect of diminishing our fundamental rights as potential suspects. The most troubling threads in this area will be addressed in this paper. Where do we stand? What's next for our fair trial rights? [ABSTRACT FROM AUTHOR]

The Supreme Court is at a low point. Commentators have suggested possible fixes, such as term limits for the Justices, but Jamal Greene provocatively proposes something different. The Court should change its conceptualization of constitutional rights, switching from a rightsist to a proportionality approach. Under rightsism, conflicts are binary: An individual has either a protected constitutional right or nothing. Under proportionality, the Court would focus on the government's justifications for its action rather than on whether an individual has a right. The nation, according to Greene, had once followed proportionality but turned to rightsism in the 1930s and 1940s. He predominantly blames Oliver Wendell Holmes, Jr., and Felix Frankfurter for that mistaken turn. If the current Court were to rectify this error, Greene argues, proportionality would temper rights conflicts, diminish political polarization among Americans, and presumably improve the Court's public status. Greene's argument is brilliant but deeply flawed. His recommended paradigm shift for the conceptualization of rights could potentially engender important benefits, particularly a greater judicial focus on substantive justice. Yet, Greene overestimates the power of legal and theoretical arguments, such as his proposal for proportionality, and underestimates the power of politics in shaping Supreme Court decision making (and legal scholarship). If one defines politics capaciously to include not only conservative and progressive outlooks but also religious, cultural, economic, and other background forces, then constitutional interpretation and Supreme Court decision making always arise from a law–politics dynamic. Consequently, if the current Court, with its conservative bloc of six Justices, were to adopt proportionality, it would still reach conservative decisions. Greene himself unwittingly demonstrates the power of politics (capaciously defined) to shape interpretive conclusions in his telling of constitutional history. Specifically, antisemitism mars Greene's depiction of Justice Frankfurter and skews his historical analysis of twentieth-century developments. Ultimately, then, the current Court would be wise to adopt proportionality, but its potential benefits will not be realized. The flaws in Greene's argument underscore that the Court, to improve, must change its politics, but political change is unlikely without a change in personnel. [ABSTRACT FROM AUTHOR]

Background. The principle of the rule of law is embraced by Indonesia, which declares itself as a state of law, the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to test laws against the basic law. Method. This study is a normative study, with the approach of legislation and several cases. The type of data used is secondary data, with descriptive qualitative analysis. Results. The results of the study state that the use of the authority to review Perpu by the Constitutional Court is a material change in the constitution, which can reduce or deprive the constitutional rights of the DPR in using political review, or can cause the Perpu to be determined by the DPR is not in accordance with the original, because it has been tested first by the Constitutional Court. Conclusion. However, when the Constitutional Court, as the interpreter of the Constitution, declared its authority to test the constitutionality of Perpu, controversy arose: The Constitutional Court has deviated from the Constitution, and on the contrary, the Constitutional Court has been correct in interpreting the Constitution even though it has increased its authority. [ABSTRACT FROM AUTHOR]

The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Planning Education & Research is the property of Sage Publications Inc. 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.)

In Chile, many commentators, academics and political leaders have spent years arguing that the limited nature of the social rights in the national constitution is partially responsible for the country's economic and social inequality. It is thus unsurprising that changing the scope of the country's social rights was a major focus of the recently failed constitutional reform effort. However, we argue that the long-running claim that Chile's social problems were due to the limited nature of social rights can be thought of as social rights scapegoating , by which we mean that commentators blamed outcomes on constitutional rights, even though there is little evidence that countries' socio-economic outcomes are a product of their social rights. [ABSTRACT FROM AUTHOR]

Climate litigation in Colombia is increasingly centred on fundamental and/or constitutional human rights. This note evaluates rights-based climate litigation in Colombia through the lens of five cases that protect ecosystems: the Atrato River, the Combeima River, and the Bruno River; the Amazon rainforest; and the Páramos ecosystem. First, the framing of cases is analysed. Second, the judges' interpretations of the link between constitutional rights and climate change (if any), their reasoning, the scope of the remedies granted, and their intended impact are analysed. Relatedly, the note explores whether decisions that do not explicitly mention climate change can be considered climate cases as their remedies directly or indirectly affect climate change mitigation or adaptation. Finally, the note examines the status of compliance with or implementation of judicial remedies in climate cases. [ABSTRACT FROM AUTHOR]

This article presents a systematic analysis of climate litigation in the Brazilian Supreme Court. It argues that climate litigation in Brazil is centred on the protection of human rights and the court is ready (and eager) to draw a closer connection between climate and human rights. The climate litigation movement in Brazil follows in the wake of more than 40 years of a rich environmental legal framework and jurisprudence. This long trajectory includes adopting a chapter in the 1988 Brazilian Constitution dedicated to the right to an ecologically balanced environment. The Constitution determines this is a fundamental human right, encompassing the present and future generations. Building on this context, recent climate litigation cases question how climate stability fits within this constitutional framework. As the country's constitutional tribunal, the Supreme Court recently received important climate cases addressing Brazil's climate policy implementation. This article proceeds in three parts. First, the article contextualizes the climate litigation movement in Brazil's broader environmental legal framework. Second, the article describes the Supreme Court climate docket of concentrated control cases. It focuses on the human right to an ecologically balanced environment and its connections with other constitutionally protected human rights. Third, the article examines the cases' judicial reasoning, considering how the Supreme Court addressed climate change in the decisions (interlocutory or on the merits) available thus far. The ultimate goal of this article is to deepen the understanding of how the Supreme Court approaches climate as a human right through the methodical examination of the court's pronouncements. [ABSTRACT FROM AUTHOR]

Copyright of Media Iuris is the property of Universitas Airlangga 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.)

Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right.

During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions

The Administrative's silence legally was an administrative error, however there are no standard to rule the mechanisms for protecting citizens against those an administrative error. This Research have two objectives. First of all, to analyze whether the changes of negative fictitional to positive fictitional are form of legal irregularity, secondly to study regulatory impact of Positive fictional after the issuance of Law number 11 of 2020 against on the protection of citizens' rights. This Research use normative legal research. The Result of this research showed that repeal of norm can be done by changing those law itself or because of the constitutional court decision. negation of negative fictitional validity into chapter 3 law number 5 of 1986 to the positive fictitional through chapter 53 law number 11 of 2020 impact two things. First, remove access of constitutional citizens right, second, automatic approval decision without supervision can be used as a legality tool and may harm the third parties

A Member of Parliament, as a citizen of Bangladesh, has all the rights including freedom of speech and expression. However, the provision prohibiting floor crossing by the Member of Parliament seems to be contradictory with constitutional rights provided by the constitution. Especially, it curtails the constitutional right of freedom of speech. Balancing the practice of freedom of speech with political discipline and stability is key to a prosperous democracy. This paper argues that the provision prohibiting floor crossing has adverse effects on the constitutional rights of MPs. It compares the current state of the provision of floor crossing in Bangladesh with other countries. This paper also suggests a way of improving the provision of floor crossing in Bangladesh.

Robert Alexy presents his peculiar theory of principles, especially the instrument of balancing, as a mechanism to combat judicial arbitrariness. This article investigates the powers granted to the judge by Alexy’s balancing operation: power to assign weight to the “importance” of legal goods and rights in balancing; power to discover ‘principles’ to be balanced; power to assign meaning to the normative text in order to form the input of balancing; power to identify the presence in the concrete case of a constitutional right, in order to use balancing even in cases in which the legislator has established a ‘rule’. The conclusion is that Alexy’s balancing is not a legitimate possibility in a Rule of Law, because it makes no claim to control the practically absolute powers granted to judges.

Globalization spreading across life spheres, especially in the fields of science and technology, also affects the digitalization of law through media convergence. This digitalization of the law is not exempt from the interference of Internet users in the form of criticism, dissemination of cases or social and legal issues, as well as advice to governments or the legal system through social media platforms used by the public, either in a national or international scope. The influence of people's opinions on the Internet through social media has been remarkable in recent times on the law enforcement ruling of a case. In few cases, the decision was made due to the pressure of internet citizens on social media. The purpose of this study is to describe the convergence of Islamic law and technology in enforcing the constitutional rights of citizens in the era of Society 5.0 as an effort to create democracy and enforcement of the law that is fair and transparent through independence and freedom to express opinions, as well as the right to share and receive information by citizens of the Internet in electronic media, social media, in particular. This research is qualitative with methods of Law approach, conceptual approach, and case approach. The source of legal material used is secondary legal material, which is subsequently analyzed by deductive methods. The result of this study is that when society cannot be regulated primarily related to the use of social media, then the law can act as a law as a tool of social engineering. [ABSTRACT FROM AUTHOR]

Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a dangerous doctrine that provides no basis for distinguishing between justified and unjustified interpretations of constitutional rights. This essay formulates a conception of purposive interpretation that is not vulnerable to these objections. The purposive approach to the interpretation of constitutional rights follows from a set of ideas about how legal interpretation differs from interpretation more broadly, how constitutional interpretation differs from interpretation in other legal domains, and how constitutional interpretation constrains both the purposes it attributes to particular provisions and the application of those purposes to particular contexts. My aim is to show that these ideas fit together in a coherent doctrinal whole that is neither empty nor dangerous. Purposive interpretation is not empty because it offers a genuine alternative to the presuppositions and structure of opposing interpretive paradigms. Purposive interpretation is not dangerous because it provides a principled set of resources for distinguishing between justified and unjustified interpretations. [ABSTRACT FROM AUTHOR]

This article is devoted to analyzing the classification of signs of the right to work of civil servants. In modern society, the right to work for public servants is a key element in ensuring effective public service. The classification of the signs of this right is important for determining the duties and responsibilities of civil servants. In particular, this may include aspects such as professional qualifications, level of education, work experience, knowledge of legislation, and ethical standards. The specificity of the right to work for a civil servant is the existence of a valid contract that defines the terms of employment and the obligations of the parties. An important aspect is the ability to interact and cooperate with colleagues and senior managers, which contributes to building an effective work team. It is expedient to summarize that the classification of signs of the right to work of civil servants is a relevant topic of research, which allows a better understanding of the main aspects and requirements for the activity of this category of employees. The study of this issue can be useful for improving the system of management of civil servants and increasing the efficiency of public administration as a whole. The author analyzed the approaches of other scientists regarding the analysis of this or that aspect of the right to work of civil servants in the conditions of the European integration of Ukraine, as well as certain features or features of this legal phenomenon. Criticism of certain positions of scientists is provided, and the author's own position is substantiated. The norms of current legislation (both constitutional and special) relating to the issue of the right to work of civil servants are given. The need to update and improve the current legislation in the specified a rea was emphasized. The author of the article concludes that his proposed system of classification of the signs of the right to work of civil servants allows for a more thorough investigation of this problem. The scientist has examined in detail the essence and meaning of each of the mentioned general and special features of the right to work of civil servants. [ABSTRACT FROM AUTHOR]

The article is devoted to analysis and general description of legal framework for ensuring observance of rights of undertakings during inspections of the bodies of the Antimonopoly Committee of Ukraine (the "AMCU"), considering provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation on the Protection of Economic Competition and Activities of the Antimonopoly Committee of Ukraine" No. 3295-IX dated 9 August 2023 (the "Law No. 3295-IX"), which initiated the antimonopoly reform in Ukraine. The article analyses the main changes introduced by the Law No. 3295-IX in terms of conduct of inspections of undertakings and certain procedural actions (seizure, arrest of property, etc.) by the AMCU's bodies, and provides a general assessment of these changes from perspective of ensuring observance of rights of undertakings during exercise of investigative powers by the AMCU's bodies. Following analysis of the above law, it is concluded that it significantly altered the rules for conducting inspections of undertakings and related procedural actions by the AMCU's bodies and, in general, changed them for the better in terms of ensuring observance of rights of undertakings. The most significant positive development is that after entry of the Law No. 3295-IX into force (1 January 2024) inspections, access to premises, other possessions, other places of information storage owned and/or used by undertakings, and/or performance of certain procedural actions in the form of examination, sealing, seizure of property, and arrest of property by the AMCU's bodies should be subject to prior authorisation by the commercial court. The AMCU's bodies, in turn, are required to provide sufficient justification of the need for inspections and the above-mentioned procedural actions, so that the latter could be authorised by the court. The need to obtain prior authorisation from the commercial court to conduct inspections of undertakings and procedural actions such as seizing, imposing arrest on property, etc. in theory should prevent unjustified interference of the AMCU's bodies in operational activities of undertakings and contribute to ensuring observance of their rights to a greater extent compared to situation when commercial courts would continue to carry out only ex post control over legality of inspections of the AMCU's bodies and their procedural actions. Time will show whether the above idea will find its practical implementation and to what extent. As the AMCU's bodies utilize the investigative toolkit provided to them by the Law No. 3295-IX, time will also reveal imperfections and problematic aspects of the new legal regulation of inspections and procedural actions by the AMCU's bodies in part of ensuring observance of rights of undertakings. [ABSTRACT FROM AUTHOR]

Copyright of Tesla Revista Científica is the property of Puerto Madero Editorial Academica 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.)

The coordination function of the State in combating corruption is the level of manifestation of the State influence in social relations and the main activity of the State, which consists in coordinating actions between different elements of the State apparatus in combating corruption, in coordinating actions between the State apparatus and non-governmental actors of the social system, in streamlining social and public administration relations, directing them towards achieving common goals or interests, and in which the method of direct imperative control is used rather than the method of coordinating actions in relation to based on common interests and/or competencies, in accordance with the principle of striving for ideal performance. Anti-corruption activities can only be effective if the principles of coordination of anti-corruption actors are established at the regulatory level and the principles of administrative and legal support for coordination of anti-corruption actors are established, which is due to the need for quick and complete coordination and its effective implementation. The need to study the principles of administrative and legal regulation of the State’s coordination function in combating corruption is due to the existence of gaps in the theoretical plane of law cognition and limited scientific substantiation. That is why the issues related to administrative and legal regulation of the State’s coordination function in combating corruption are relevant for research, and its principles are among the key ones in this context. In general, the coordination role of the state is hardly ever considered through the prism of principles. Given the extremely low level of scientific attention to the issue of administrative and legal support for the coordination of anticorruption actors, its essence, features and directions, one of the priority tasks should be to define a system of principles of this institution as the basic and initial idea of the entire system of state influence on social relations. Even today, the principles of administrative and legal support for the coordination of anti-corruption actors are not yet considered fundamental categories, as many scholars still perceive them in the abstract and separately from practical activities. [ABSTRACT FROM AUTHOR]

The article is devoted to examination of the practice of the Constitutional Court of Ukraine (the “CCU”) and the Supreme Court (the “SC”) regarding their perception and application of the practice of the European Court of Human Rights (the “ECHR”) on autonomous interpretation of the term “criminal charge” for the purpose of protecting human rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”), to which Ukraine is a party, and equating the decisions of competition authorities to “criminal charges”, in part of equating administrative proceedings of the Antimonopoly Committee of Ukraine (the “AMCU”) on holding undertakings liable for infringements of Ukrainian antimonopoly legislation to criminal proceedings in part of requirements for protection of rights of undertakings. Analysis of the CCU’s practice shows that it generally accepts and applies the ECHR’s practice on equating certain administrative proceedings to “criminal” ones within the meaning of the Convention and extending criminal law guarantees to these proceedings. The CCU has not yet formed a position specifically with respect to criminal сharacter of the AMCU’s proceedings. At the same time, the ССU’s positions developed considering the ECHR’s practice, stating that criminal law principles and guarantees should apply to administrative proceedings concerning violations of customs rules, and the references made by the CCU to one of the most well-known ECHR’s decisions on extending “criminal charge” to a decision of competition authority on imposition of a fine for violation of competition laws – A. Menarini Diagnostics S.R.L. v. Italy, when substantiating these positions, allow to assert the likelihood of the CCU equating the AMCU’s administrative proceedings to criminal ones in part of requirements for protection of rights of undertakings, when this issue arises before it. As for the Supreme Court, questions about application of the Engel criteria to the AMCU’s proceedings on enforcement of antimonopoly legislation increasingly arise before it. Undertakings seek the SC’s conclusions on application of these criteria to the AMCU’s proceedings. The SC has been reluctant to form such conclusions and has denied their formation thus far. The SC’s practice, where it recognized the AMCU’s proceedings as criminal ones for the purpose of protecting rights of undertakings, is currently absent. Therefore, one can only wait to see how the SC’s practice on this issue will develop in the future. [ABSTRACT FROM AUTHOR]

This article defends the claim that the institutional source of a legal norm—be it the constitution, legislation or whatever—affects its nature and value. We argue that institutions are not merely vessels through which norms get public recognition. When different institutions use identically worded norms, say, 'everyone is equally entitled to X', they may nevertheless produce different norms and provide different goods. For instance, a constitutional protection of a basic right differs from a statutory right to the same right not (only) because the former is less likely to be changed, but (also) because a constitutional decision marks the right in question as one that makes no essential reference to the actual choice of the majority of the political community. We extend this argument to other institutional settings, especially the common law tradition of judge-made law. [ABSTRACT FROM AUTHOR]

The article summarizes the reasons for unconstitutionality in the decisions of the Constitutional Court of Ukraine, including by analyzing the institution of a constitutional complaint. It is motivated that the doctrine of constitutionality represents the idea of supremacy of the constitution over any other normative acts, excludes the possibility of adopting or applying norms that correspond to the Constitution. This principle is an advantage for ensuring the rule of law, observing legality and guaranteeing the rights and freedoms of citizens, and also serves as a mechanism for controlling the actions of the authorities and ensuring the stability and reliability of the legal system. The essence of the principle of constitutionality is represented by the fact that all laws, regulations and actions of authorities must comply with the norms and principles enshrined in the country's constitution, since the latter is the main and important legal act that establishes the framework and principles of the functioning of the state, limiting the actions of the authorities and guaranteeing rights and freedoms of citizens. Unconstitutionality is interpreted as a state of non-compliance with provisions, principles or norms established in the country's constitution. The important legal essence of recognizing such a phenomenon as unconstitutional is that such acts may be annulled, lose their validity, or require changes to comply with constitutional norms. It is indicated that the concept of unconstitutionality is important for ensuring compliance and protection of the principles and norms enshrined in the constitution and guarantees the hierarchical status of the legal system in a democratic state. The grounds used by the Constitutional Court of Ukraine to recognize the unconstitutionality of some provisions of normative legal acts in cases of constitutional complaints are summarized: unjustified deprivation (restriction) of a certain constitutional right; violation of the principle of the rule of law, especially in the context of the lack of legal certainty in the norms of the law. It is indicated that the principle of the rule of law imposes obligations on the law-making body to establish clear, understandable, unambiguous and provide for legal regulation of social relations, which is key in ensuring the stable legal position of each person and in order to avoid renouncing the obligations assumed by the state. [ABSTRACT FROM AUTHOR]

Der folgende Beitrag stellt die Ergebnisse einer explorativen Studie zur Rechtskenntnis der österreichischen Bevölkerung im Bereich der Grundrechte vor. Dabei wird sowohl der Stand der Forschung aufgearbeitet als auch auf historische Besonderheiten der lokalen Rechtskultur eingegangen. Die empirische Analyse legt den Schluss nahe, dass das Wissen über derartige Rechtsansprüche – trotz ihrer fundamentalen Bedeutung – bemerkenswert gering ist. Die Studie zeigt zudem eine Reihe an methodisch-formalistischen Schwierigkeiten, die den rechtssoziologischen Wesensgehalt dieses Forschungsbereichs spezifisch zu kennzeichnen scheinen. Darüber hinaus werden weitere Maßnahmen zur Behebung des festgestellten Defizits skizziert. Der Beitrag schließt mit einem Plädoyer für die gesellschaftspolitische Bedeutung und Notwendigkeit verfassungsrechtlicher Kenntnisse in einem demokratisch-liberalen Rechtsstaat. This study presents the results of a survey conducted in Austria to explore the population's knowledge in the field of fundamental rights. It reviews the current state of research and discusses historical peculiarities of the local legal culture. The empirical analysis suggests that knowledge of such legal entitlements – despite their fundamental importance – is remarkably low. The study also reveals several methodological-formalistic challenges that seem to specifically characterize the socio-legal nature of this field of research. In addition, further measures to address the identified shortcomings are outlined. The article concludes by appealing to the social and political importance and necessity of constitutional knowledge in a democratic liberal state of law. [ABSTRACT FROM AUTHOR]

The phenomenon of sirri polygamous marriages, or without the permission of a legal wife and without the permission of the Religious Courts, common in Banjar Regency, South Kalimantan Province, still raises arguments for and against. Originally the meaning of sirri marriage was intended for the case where the conditions of marriage were not met, but now it has been extended to marriages that meet the conditions but have not been registered with the religious affairs office (KUA) of the sub-sector for those who are Muslim. The purpose of the study was to elucidate the constitutional rights of wives and children who were neglected as victims of polygamous marriages in Banjar Regency. This research is a type of empirical legal research with statutory, case and conceptual approaches. The results of the analysis show that sirri polygamy has an impact in the form of constitutional losses for spouses and children. If a polygamous marriage has received permission from the first wife, then the sirri wife can be well received and does not receive social sanctions in society, as well as the children of sirri polygamy are well received and equal in society. Sociologically, a child of a qualifying sirri polygamous marriage is legitimate, so the legal relationship between the child and both parents is one of kinship and inheritance. The constitutional issue for children of sirri polygamous marriages takes the form of legal issues related to identity rights. This is inseparable from the usual factors in an area, where for the Banjar community children born in wedlock, whether Sirri or registered, are considered legitimate children.

The First Amendment guarantees protection for religious exercise in the United States. But for some, the question of who should benefit from these protections seems to hinge on the identity of the religious group seeking these protections. In this article, we explore the extent to which people's attitudes toward different religious groups affects their support for First Amendment protections as applied to these groups. We also examine whether it is possible to mitigate these effects, asking whether respondents can be primed to consider tolerance when evaluating rights claims, and if so, whether this increases support for rights in general. Our results have important implications for tolerance and rights in a diverse, pluralistic society, and shed light on what the future might hold for public opinion on constitutional rights and liberties. [ABSTRACT FROM AUTHOR]

This article outlines a model of proportionality analysis for the adjudication of positive constitutional economic and social rights. This model is the key for answering three questions: (i) First, to what extent constitutional courts hold the power to determine the substantive content of positive constitutional economic and social rights when the right- holders claim that their addressees have violated those rights by failing to comply with what they require? (ii) Second, how constitutional courts should ground the determination of that substantive content? (iii) Third, how constitutional courts should choose appropriate remedies when they have established a violation of one of those rights? Three distinctions are the basis of the above-mentioned proportionality model, namely, the differences: (i) between empirical and normative aspects of the adjudication of positive constitutional economic and social rights; (ii) between the level and mode of fulfillment of those rights; and (iii) between the competence of political authorities and courts to determine the appropriate level and mode of satisfaction. Using some elements of Wittgenstein methodology of family resemblance, this article adjusts the structure of proportionality analysis, which courts apply to adjudicate freedoms, and incorporates elements drawn from those three distinctions. The outcome is an analysis suitable for the specificities of the adjudication of positive economic and social rights. [ABSTRACT FROM AUTHOR]

The derivative rights of citizens to protest and join fellow citizens in peaceful assembly are critical to a functioning democracy. However, the violation of this right by the institutional authority in-charge of its implementation is becoming worrisome. This study seeks to address the violation of fundamental human rights to peaceful assembly vis-à-vis the civil liberty to protest. Notable peaceful protest demonstrations in developed countries, Nigeria and other African countries were examined. Special attention was given to how the protests were conducted and the reaction of governments of these various nations to the demonstrations. The desk-based, doctrinal and qualitative methods which are analytical and expository in nature were adopted as the means of sourcing information. It was found among others, that government agencies are not the only ones guilty of this violation, but government directly and indirectly suppresses this right. To this end, the study recommends among others that beyond modeling after developed democracies, the African countries, specifically the Nigerian government should ensure the implementation of existing legal framework on the subject matter. Furthermore, the police officers should only take an observatory posture during protests and assemblies unless there is apparent reason to act in the interest of the public order. [ABSTRACT FROM AUTHOR]

This article provides an overview of the constitution-making process currently developing in Chile from a disability perspective, focusing particularly on the process led by the so-called 'Constitutional Convention'. First, we describe the measures taken to include persons with disabilities in the composition of the constitutional body tasked with writing the new constitution and how persons with disabilities could participate in the construction of disability as a constitutional matter. Then, we focus on several provisions of the proposal for the new constitution of Chile elaborated by the Constitutional Convention that refer to the rights of persons with disabilities. It is argued that although the proposal drafted by the Constitutional Convention was ultimately rejected, it must not be considered irrelevant to the constitutional protection of the rights of persons with disabilities in Chile. Both for substantive and procedural reasons, the constitutional process led by the Constitutional Convention offers solid ground to advance the rights of persons with disabilities as a constitutional issue. [ABSTRACT FROM AUTHOR]

Copyright of Hikama is the property of Arab Center for Research & Policy Studies 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.)