1,658 results on '"Liberty"'
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2. Environmental disclosure as a response to civil liberties and political rights in countries, myth or reality? The moderating role performed by board gender diversity.
- Author
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Pucheta‐Martínez, María Consuelo and Gallego‐Álvarez, Isabel
- Subjects
POLITICAL rights ,ENVIRONMENTAL reporting ,GENDER nonconformity ,CIVIL rights ,LIBERTY - Abstract
The influence of civil liberties and political rights on environmental disclosure, and the moderating effect of board gender diversity on the relationship between civil liberties and political rights and environmental disclosure, have not to date been studied in detail, as evidenced by the previous literature available. Therefore, this study aims to analyse how these institutional factors affect corporate environmental disclosure practices across different countries. The firms in our sample operate in 36 countries, spread across all the continents, and the period covered is 2009–2019. The database used to collect economic, social, environmental and governance data is Thomson Reuters' ASSET4, while the items for measuring civil liberty and political rights scores come from the Freedom House organisation (https://freedomhouse.org). The method used for estimating the model is the generalised method of moments (GMM) proposed by Arellano and Bond. The main findings of the study show that levels of civil liberty and political rights in the countries where the firms operate are positively associated with environmental disclosure. Furthermore, according to our evidence, the presence of female directors on boards plays a positive moderating role in the relationship between the level of civil liberty and environmental disclosure and between political rights and environmental disclosure. Additional robustness analyses corroborate our findings. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. T.H.U.G.L.I.F.E.: Tupac Shakur as a Symbol of Black Rebellion for the "Pac Babies" of Black Lives Matter!1.
- Author
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Clay, Charity
- Subjects
- *
SOCIAL media , *VIOLENCE , *CONFLICT (Psychology) , *PSYCHOLOGICAL adaptation , *MYTHOLOGY , *RACE , *POLICE psychology , *PSYCHOLOGY of Black people , *QUALITY of life , *LIBERTY , *PRACTICAL politics , *CIVIL rights - Abstract
The late Bay Area Hip Hop legend Shock G stated that Tupac Shakur "rhymed from this pit of his stomach," asserting that Tupac's greatness was in the potency and relevance of his message more than the technical skill of his lyricism. Tattooed across the stomach that Tupac rhymed from was the acronym "T.H.U.G.L.I.F.E." Tupac proclaimed that it stood for "The Hate You Gave Little Infants, Fucks Everyone," a statement that reflected his worldview and echoed sentiments of those like Frantz Fanon, James Baldwin and Huey P. Newton who viewed youth as the centerpiece of the struggle for Black Liberation. Though Tupac was murdered in 1996, his lyrics and interviews resurfaced in the aftermath of the police killing of Oscar Grant in 2009 and introduced a generation born after his death to his thug persona and T.H.U.G.L.I.F.E. ideology as relavent, and accessible symbols of Black Rebellion. This article explores how Pac Babies, Black youth born after Tupac's death, have adopted his Persona and Ideology to inform their entry into the Post Racial, social media era of the Black Freedom Struggle. I offer that, by providing T.H.U.G.L.I.F.E. as an alternative to the politics of respectability of the Civil Rights Movement and being resurrected as mythical super hero battling police violence, Tupac influenced both the street protests and social media engagement during the protest phase of "Black Lives Matter!". [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. T.H.U.G.L.I.F.E.: Tupac Shakur as a Symbol of Black Rebellion for the "Pac Babies" of Black Lives Matter!1.
- Author
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Clay, Charity
- Subjects
SOCIAL media ,VIOLENCE ,CONFLICT (Psychology) ,PSYCHOLOGICAL adaptation ,MYTHOLOGY ,RACE ,POLICE psychology ,PSYCHOLOGY of Black people ,QUALITY of life ,LIBERTY ,PRACTICAL politics ,CIVIL rights - Abstract
The late Bay Area Hip Hop legend Shock G stated that Tupac Shakur "rhymed from this pit of his stomach," asserting that Tupac's greatness was in the potency and relevance of his message more than the technical skill of his lyricism. Tattooed across the stomach that Tupac rhymed from was the acronym "T.H.U.G.L.I.F.E." Tupac proclaimed that it stood for "The Hate You Gave Little Infants, Fucks Everyone," a statement that reflected his worldview and echoed sentiments of those like Frantz Fanon, James Baldwin and Huey P. Newton who viewed youth as the centerpiece of the struggle for Black Liberation. Though Tupac was murdered in 1996, his lyrics and interviews resurfaced in the aftermath of the police killing of Oscar Grant in 2009 and introduced a generation born after his death to his thug persona and T.H.U.G.L.I.F.E. ideology as relavent, and accessible symbols of Black Rebellion. This article explores how Pac Babies, Black youth born after Tupac's death, have adopted his Persona and Ideology to inform their entry into the Post Racial, social media era of the Black Freedom Struggle. I offer that, by providing T.H.U.G.L.I.F.E. as an alternative to the politics of respectability of the Civil Rights Movement and being resurrected as mythical super hero battling police violence, Tupac influenced both the street protests and social media engagement during the protest phase of "Black Lives Matter!". [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. THE WARREN COURT V. THE ROBERTS COURT.
- Author
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STONE, GEOFFREY R.
- Subjects
- *
CIVIL rights , *LIBERTY , *DEMOCRACY , *CONSTITUTIONAL law - Abstract
The article focuses on comparing the contrasting constitutional approaches of the Warren Court and the Roberts Court. Topics include landmark decisions on civil rights and liberties by the Warren Court, the shift to a conservative, originalist interpretation under the Roberts Court, and each court's distinct impact on American democracy and constitutional values.
- Published
- 2024
6. The respect for marriage act: The connection between marriage equality, abortion rights, and religious freedom in the USA.
- Author
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DEAL, HEATHER E. and YANCEY, GAYNOR I.
- Subjects
- *
RESPECT for Marriage Act (U.S.) , *ABORTION laws , *SAME-sex marriage laws , *MARRIAGE law , *EQUALITY laws , *WOMEN'S rights , *REPRODUCTIVE rights -- Law & legislation , *ABORTION in the United States , *POLICY sciences , *SOCIAL justice , *GOVERNMENT policy , *LGBTQ+ people , *ATTITUDES toward sex , *RELIGION , *SAME-sex marriage , *LIBERTY , *POLITICAL participation , *CIVIL rights - Abstract
This article examines the Respect for Marriage Act (RFMA) and its connection to abortion rights and religious freedom in the United States. The RFMA was passed in response to Supreme Court Justice Clarence Thomas's concurring opinion to the Dobbs v. Jackson case which revoked federal abortion rights and suggested the Supreme Court reevaluate similar decisions based on due process, like Obergefell which guaranteed the federal right to same-sex marriage. This article showcases how the passage of the RFMA is a masterclass in U.S. policymaking and discusses the implications of the RFMA as well as considerations should Obergefell go the way of Dobbs. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
7. Legal Certainty of Rights and Freedoms in Algeria: Beyond the Constitutionalization.
- Author
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Aoudia, Belkheir Mohamed Ait
- Subjects
CIVIL rights ,LIBERTY ,LEGISLATION ,LAW - Abstract
The principle of legal certainty serves as a crucial safeguard, preventing rights and freedoms from being lost in a vast, complex, and often unstable legal framework. This study delves into the gap in Algerian law between the constitutional text ensuring the legal certainty of rights and freedoms and the lack of detailed measures to implement this provision. By examining how each certainty requirement of rights legislation is applied within the national legal landscape, the study uncovers significant deficiencies in ensuring citizens' easy access to legislation encompassing their rights and freedoms. Addressing these challenges necessitates the implementation of various legal and technical measures. Furthermore, ensuring the clarity of these laws demands a systematic review process to rectify any drafting flaws. Legislative stability, closely linked to legality in the Algerian constitution, benefits from relatively reliable guarantees in the field of fundamental rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
8. The non‐protesting children in the 2018 Parkland school shooting protests and their freedom not to express views in child participation spaces.
- Author
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Salva, Roberto S.
- Subjects
- *
CHILDREN'S rights , *PREVENTION of school violence , *HIGH schools , *STATISTICAL sampling , *DESCRIPTIVE statistics , *STUDENT rights , *RESEARCH methodology , *LIBERTY , *MIDDLE schools , *CHILD behavior , *SOCIAL participation , *CIVIL rights , *POLITICAL participation , *LAW , *LEGISLATION - Abstract
Using mixed methods, we looked into USA children's reasons behind their non‐participation in the 2018 Parkland school shooting protests from newsletters of randomly sampled 57 middle (MS) and high schools (HS) across USA. We found five themes of reasons that point to non‐protesting children's concern about protest method and issues. The MS and HS non‐protesters' concerns overlapped and differed. The reasons reveal the protests to pose adherence issues to most CRC articles on and almost all of the basic requirements of child participation. We attribute the adherence issues to problems on assigning duties in non‐adult‐provided child participation spaces like protests. To identify protest as child participation necessitate propping children's freedom of expression as the animating force behind child participation's first key element and children's right to information a prerequisite for both. In this reframing, organizing/leading children become duty‐bearers while adults primarily remain so. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
9. الحوكمة القانونية للذكاء الاصطناعي في مصر " التحديات والفرص.
- Author
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هاله محمد امام مح
- Subjects
TECHNOLOGICAL innovations ,ARTIFICIAL intelligence ,RIGHT of privacy ,CIVIL rights ,LIBERTY - Abstract
Copyright of Journal of Legal & Economic Research / Mağallaẗ Al-Buḥūṯ Al-Qānūniyyaẗ wa Al-Iqtiṣādiyyaẗ is the property of Beni Suef University 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
- 2024
10. Kris, hot och försvar i regeringsformen.
- Author
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Cornell, Anna Jonsson
- Subjects
CABINET system ,GOVERNMENT publications ,CIVIL rights ,PREPAREDNESS ,LIBERTY - Abstract
In this article, the provisions of the Swedish Instrument of Government relevant for issues related to various types of crises, including war and the threat of war, will be analyzed. The aim is to illustrate and contextualize the development of the Instrument of Government over time concerning these issues, as well as to situate the current debate on Swedish preparedness within a constitutional-political context. The overarching question is whetherthe Instrument of Government as of 2024 is adequately adapted to the challenges that Sweden currently faces or may face in the near future. The approach is traditionally legal-scientific, which means that the primary sources, in addition to legislation, include official publications and doctrinal writings. However, a certain historical legal perspective may provide explanations and further illuminate the context in which the regulations in the Instrument of Government have evolved. The material will be examined based on three fundamental constitutional-law perspectives: parliamentary system, norm-setting, and the constitutional regulation of fundamental rights and freedoms. [ABSTRACT FROM AUTHOR]
- Published
- 2024
11. Automated Decision-Making and Effective Remedies. The New Dynamics in the Protection of EU Fundamental Rights in the Area of Freedom, Security and Justice.
- Author
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Ferfecký, Jan
- Subjects
CIVIL rights ,JUSTICE ,DECISION making ,LIBERTY ,PERSONALLY identifiable information - Published
- 2024
12. Freedom as Right or Privilege? Comparing the Effect of Power Distance on Psychological Reactance Between China and the United States.
- Author
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Rui, Jian Raymond, Chen, Juan, Wang, Lingning, and Xu, Peng
- Subjects
- *
SMOKING prevention , *POWER (Social sciences) , *SMOKING cessation , *LANGUAGE & languages , *RESPECT , *RESEARCH funding , *CULTURE , *ANGER , *STATISTICAL sampling , *PUBLIC opinion , *CHI-squared test , *ANALYSIS of covariance , *MULTIVARIATE analysis , *DESCRIPTIVE statistics , *PSYCHOLOGY , *SURVEYS , *PERSONALITY , *LIBERTY , *THEORY , *TEXT messages , *COMPARATIVE studies , *HEALTH promotion , *PSYCHOLOGICAL tests , *FACTOR analysis , *DATA analysis software , *CIVIL rights , *COGNITION - Abstract
Previous research on cultural differences in psychological reactance focuses almost exclusively on individualism. The present study investigated how power distance might affect psychological reactance by comparing Chinese's (N = 400) and Americans' reactions (N = 441) to a quitting smoking message which included versus did not include controlling language. Results show that individuals reacted to the controlling language with more negative cognitive thoughts, more anger, and a higher level of state reactance, compared to the noncontrolling language. In addition, compared to Chinese, Americans reported more anger. Moreover, the country difference in state reactance was mediated through trait reactance and through power distance and subsequently trait reactance. Furthermore, controlling language caused more state reactance among Americans reporting a low level of power distance but among Chinese reporting a high level of power distance. Our findings extended prior research on cultural effects on psychological reactance to power distance and provided insights on the complex nature of this cultural factor. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
13. Gig Prostitution and Recruitment Processes a False Promise of Freedom.
- Author
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Lavaud-Legendre, Bénédicte
- Subjects
- *
SEX work , *CIVIL rights , *LIBERTY , *VICTIMS of bullying - Abstract
This article is based on the results of two research projects conducted between 2018 and 2022, illustrating the recruitment processes used as part of the criminal activity which I define as "gig prostitution," a form of criminal organization which revolves around the commercial sexual exploitation of children. It highlights the emphasis placed on negotiation and contractual relations during the recruitment phase. Gig prostitution is described by those involved as being based on personal integrity and the right to decide what use one makes of one's own body. However, closer examination of the facts reveals that this freedom exists in name only. In spite of the accent placed on consent, negotiation and individual interests, such discourse is in reality accompanied by mechanisms which prevent victims from breaking free of exploitative relationships. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
14. Mad with Freedom: The Political Economy of Blackness, Insanity, and Civil Rights in the U.
- Author
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Boster, Dea
- Subjects
CIVIL rights ,RACIAL identity of Black people ,INSANITY (Law) ,LIBERTY - Abstract
This article discusses the history of private and public executions in the United States, specifically focusing on the transition to private, state-run executions in the early twentieth century. The author argues that this transition aimed to maintain the anger of white mobs while disbanding the community-mindedness of public executions. The article also explores the cultural significance of the southern death penalty and its expression of southern distinctiveness. The author reflects on the history of the death penalty in relation to contemporary issues such as the state-run death penalty and public violence. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
15. What Is Liberalism Today?
- Author
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Tomasky, Michael
- Subjects
- *
LIBERALISM , *CIVIL rights , *SLAVERY , *CONSERVATISM , *LIBERTY - Abstract
The article reflects on the enduring struggle of liberalism in American society, acknowledging its historical challenges and current vulnerabilities. It discusses liberalism's roots in openness to change and its historical victories over conservatism to expand freedom, such as ending slavery and advancing civil rights. It also highlights the perpetual resistance to change ingrained in human nature and the cyclical pattern of progressive reform followed by backlash.
- Published
- 2024
16. DUE PROCESS & THE STANDING DOCTRINE.
- Author
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KATZ, EMILE J.
- Subjects
- *
DUE process of law , *CIVIL rights , *PROPERTY rights , *LIBERTY - Abstract
The standing doctrine undergirds every case litigated in federal court yet, despite its ubiquity, the doctrine is difficult to apply, cannot be derived from the plain meaning of Article III of the Constitution, and does not effectively serve the goals the Supreme Court has explained as its raison d'être. Accordingly, the standing doctrine has frequently been criticized as a policy-driven, judicially-invented, fabrication. This article posits that, appropriately understood, the standing doctrine is required by the Constitution's text--but by the Due Process Clauses of the Fifth and Fourteenth Amendments, not by Article III. The Due Process Clauses prohibit courts from depriving a person of "life, liberty, or property, without due process of law." As Justice Amy Coney BarreP has explained, stare decisis can often function similarly to preclusion, and consequently the application of stare decisis can deprive litigants of their life, liberty, or property rights without due process of law. This article proposes that standing resolves the due process issue identified by Justice BarreP by ensuring that litigants presently before a court are adequately representing potential future litigants and thereby providing those future litigants with due process. In short, the Due Process Clauses require courts to check for standing because otherwise the application of stare decisis--a legal principle tracing back to before the Founding--would deprive future litigants of their rights without due process of law. Viewing standing as a due process requirement both ties the doctrine to the Constitution's text and helps explain much of the Court's discussion of the standing doctrine's purpose. This article then discusses the implications that arise from reframing standing as a due process requirement rather than an Article III requirement. These include implications for courts' jurisdiction, the method of assessing standing, state courts, and the treatment of precedent. [ABSTRACT FROM AUTHOR]
- Published
- 2024
17. Chronique d'hospitalisation sans consentement.
- Author
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Kameni, Christian Gamaleu, Mortet, Laurent, and Lele, Telesphore Tekebeng
- Subjects
- *
PSYCHIATRY , *LIBERTY , *CIVIL rights , *DECISION making , *HOSPITAL care - Abstract
La chronique portant sur l'hospitalisation sans consentement analyse les principales décisions rendues par la Cour de cassation relatives à la problématique de la privation des libertés et droits fondamentaux des personnes plus ou moins atteintes de troubles psychiatriques pour cause d'hospitalisation sans consentement. Cette chronique portera sur des principales décisions rendues de septembre à décembre 2022. The column on hospitalization psychiatric or hospitalization without consent analyses main decisions of the Court concerning the privation of fundamental rights and freedoms of psychiatric patient. This column will cover main decisions from September to December 2022. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. Questioning the Legitimacy of the Expedited Removal Process - The Tall Task of Protecting the Constitutional Rights of One of America's Most Marginalized Groups.
- Author
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BOURQUIN, JACOB J.
- Subjects
- *
CIVIL rights , *IMMIGRATION law , *CANONS, Cathedral, collegiate, etc. , *LIBERTY - Abstract
This Note explores the origin and development of 8 U.S.C. § 1225--a heavily debated facet of the United States' immigration law. Section 1225, colloquially referred to as the "expedited removal process," has been interpreted to permit lowlevel immigration officers to summarily remove certain "arriving" noncitizens from the United States without affording them the procedural due process protections guaranteed under the Fifth Amendment of the United States Constitution to all individuals present in the United States. This Note posits that the current interpretation of § 1225, particularly the interpretation of "is arriving," and application of the expedited removal process is inconsistent with well-established canons of statutory interpretation--particularly the plain meaning canon, the no superfluous words canon, and the constitutional presumption canon. This Note then puts forth an interpretation that is consistent with these central canons of interpretation. Finally, this Note argues that due to the Fifth Amendment's broad applicability, the refusal to afford procedural safeguards prior to the denial of life, liberty, and property via the expedited removal process constitutes a wholly unconstitutional due process violation and that even the expansive entry fiction doctrine is not enough to save this unconstitutional removal process. Thus, the expedited removal process, as it is currently employed, must be abandoned and § 1225 must be either amended or repealed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
19. BIAS NOTIFICATION DUTY.
- Author
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HABER, ELDAR and STERN, SHAI
- Subjects
ALGORITHMS ,CIVIL rights ,AUTOMATION ,BIAS (Law) ,LIBERTY - Abstract
Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to Jix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Sociely thus misses a unique opportunity to study social and cognitive biases that shape our civil rights and liberties today-and might become more important in the future with the rise of automation. We thus propose a new mechanism to aid in the study of bias and its elimination, not only in algorithms but also in society. We call it Bias Notification Duty (BND). This article lays the groundwork for this new social-legal responsibility by offering a dilfevent viewpoint on bias, algorithms, and society. We propose that the state imposes a duty (BND) on companies and their employees to, when bias is found, provide a notice to a selected governing body that will further study it and, upon evaluation of its source and impact, will notify those who are both directly and indirectly affected by it accordingly. Affected parties may include other companies that could be subjected to similar bias, individuals that were potentially harmed by it, researchers in relevant fields, and society as a whole. Upon setting the proposal, we examine the rationales behind it and discuss its hurdles. With such acknowledgment, we argue that BNDs are an important legal tool that should be used to aid in de-biasing our society, especially if the world will eventually be algorithmically driven and bias will be even more obscured by technological companies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
20. Letters.
- Author
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BABB, STEVE and LONG, SHARON
- Subjects
- *
CIVIL rights , *NATIVE Americans , *SLAVERY , *LANDSCAPES , *LIBERTY - Abstract
The article in "Nation" discusses concerns about Kamala Harris's track record, particularly regarding her support for Israel and the impact on Palestinians. The author criticizes Harris for not addressing the issue of genocide and highlights her role in policies that have led to the deaths of children in Gaza. Additionally, the article raises questions about the definition of "affordable housing" in development projects, pointing out that it often does not benefit low- or moderate-income individuals as intended. The authors express disappointment and call for accountability in these matters. [Extracted from the article]
- Published
- 2024
21. Beyond Supported Decision-Making: The Need for Supported Engagement for Neurodivergent Adults.
- Author
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Elster, Nanette and Parsi, Kayhan
- Subjects
- *
SOCIAL justice , *SELF-efficacy , *NEURODIVERSITY , *DECISION making , *SOCIAL change , *BIOETHICS , *INTELLECTUAL disabilities , *SOCIAL support , *LIBERTY , *INTERPERSONAL relations , *PEOPLE with disabilities , *CIVIL rights , *ADULTS - Abstract
The author comments on the need for supported engagement for neurodivergent adults. Topics covered include how the neurodiversity approach addressed disability, comparison of neurodiversity to medical and social models of disability and the concept of supported engagement as a potential tool of empowerment and a force for change.
- Published
- 2024
- Full Text
- View/download PDF
22. TRIBUNAL CONSTITUCIONAL Y RECURSO DE AMPARO: MÁS DE CUATRO DÉCADAS DE PROTECCIÓN DE DERECHOS Y LIBERTADES FUNDAMENTALES.
- Author
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GARCÍA COUSO, SUSANA
- Subjects
- *
CONSTITUTIONAL courts , *CIVIL rights , *LIBERTY - Abstract
The purpose of this paper is to offer a global overview of the path taken by the Constitutional Court during these more than forty years of appeal for amparo. It also reveals the importance of this resource in the protection of fundamental rights and freedoms. Its trajectory is analyzed over decades, emphasizing what has been proven to be most significant and defining in each of them, including the one we are still immersed in: judgements, milestones, challenges, etc. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
23. A. CAPACITATEA PERSOANEI FIZICE: Tutelă specială. Condiţii.
- Author
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Sandu, Mariana
- Subjects
CIVIL rights ,LIBERTY ,RIGHTS ,AGE - Abstract
Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House 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
- 2024
24. Corporate Takeover: A New Clash in the Old Struggle Between Corporate Rights and Public Health.
- Author
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LoCurto, John J., Radke, Rachel, Villariz, Xyruz, and Castillejos, Jasmine Ann
- Subjects
PUBLIC health laws ,CIVIL rights ,HIV prevention ,HEALTH services administration ,POLICY sciences ,INSURANCE ,HEALTH insurance ,PRE-exposure prophylaxis ,INDIVIDUALITY ,REGULATORY approval ,PRACTICAL politics ,LIBERTY ,PATIENT Protection & Affordable Care Act - Published
- 2024
25. CONSTITUȚIA DE LA 1866 - O ÎNCERCARE DE RECITIRE.
- Author
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STANOMIR, Ioan
- Subjects
CIVIL rights ,TWENTIETH century ,CONSTITUTIONS ,AUTHORITARIANISM ,LIBERTY - Abstract
The purpose of this paper is to provide for a new, fresh look into the 1866 Romanian constitution: drawing on a long tradition of legal and political studies this rereading aims at uncovering the background responsible for its shaping, as well as the main challenges related to its enforcement, for almost half a century. The 1866 constitution thus becomes a pivotal point in the long conversation about law, liberty and individual rights, pointing to the future of the 20th century, with its terrible legacy of authoritarianism and democratic backsliding. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
26. Organized Constitutional Rights and Individual Freedoms: A Comment on Chilton and Versteeg's How Constitutional Rights Matter.
- Author
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Dotan, Yoav
- Subjects
CIVIL rights ,JUSTICE administration ,LABOR organizing ,COLLECTIVE action ,LIBERTY - Abstract
This article explores the decline of democracy and the rise of populist and anti-liberal regimes in different countries. It praises the research of Adam Chilton and Mila Versteeg, who argue that organized constitutional rights (OCRs) have a greater impact on individual rights than individual constitutional rights. The article acknowledges that the mechanism through which OCRs affect constitutional rights is not fully explained in the research. It also questions the authors' analysis of political mechanisms and the logic of collective action. The article concludes by suggesting that the authors' analysis could be useful in understanding the current protests in Israel against potential changes to the judicial system. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
27. Breaching the Taboo? Constitutional Dimensions of the New Chinese Civil Code.
- Author
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Stone Sweet, Alec, Bu, Chong, and Zhuo, Ding
- Subjects
CIVIL code ,LIBERTY ,CIVIL law ,RULE of law ,CIVIL rights ,JUDGES - Abstract
Chinese elites have celebrated its new Civil Code (2021) as the most important statute in the nation's history, and the 'cornerstone' of its turn toward 'rule of law'. The Code expressly binds all persons, as well as public officials, and is judicially enforceable. The statute enshrines rights to dignity, equality, personal liberty, property, and privacy, among others, and codifies duties to protect the environment and to evolve effective means to combat sexual harassment. Echoing the German Code, the statute also contains 'general clauses' that enable the courts to restrict enumerated rights and entitlements for reasons of 'good morals', 'public order', and the rights of others. While constituting an act of massive delegation to the courts, judges remain prohibited from directly enforcing the PRC's Constitution. The article explores the relationship between the Code and Constitution, through a comparative analysis of: (i) the process of 'constitutionalising' the private law around the globe; (ii) the scholarly discourse on the 'horizontal effect' of rights in China; (iii) the structure of the Code itself; and (iv) the development of 'political' control mechanisms, to be deployed by the Communist Party of China and organs of the state to constrain how judges use their interpretive powers. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
28. Did The Restrictions Implemented in The Republic of Poland During The Covid-19 Pandemic Violate The Essence of Freedom of Assembly?
- Author
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Ciżyńska-Pałosz, Angelika
- Subjects
COVID-19 pandemic ,EMERGENCY management ,LIBERTY ,CIVIL rights ,FREEDOM of expression - Abstract
The exceptional situation surrounding the outbreak of the COVID-19 pandemic directly affected the functioning of many liberal democracies. To limit the negative effects of the pandemic, numerous restrictions on fundamental rights and freedoms were introduced. The main objective of this article is to analyse Polish legal regulations regarding the possibility of limiting constitutional rights, in particular the freedom of assembly, during and outside states of emergency. The analysis focuses on the violation of the essence of the freedom of assembly in Poland during the COVID-19 pandemic and determines whether it could have been avoided. This is important because such a situation could arise again, and countries will be forced to learn from the experience of the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
29. A TRIBUTAÇÃO E O DIREITO FUNDAMENTAL À LIBERDADE.
- Author
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de Freitas, Felipe Cabral
- Subjects
CIVIL rights ,HUMAN rights ,TAX & expenditure limitations ,CIVILIZATION ,LIBERTY - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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
- 2023
- Full Text
- View/download PDF
30. Mad with Freedom: The Political Economy of Blackness, Insanity, and Civil Rights in the U.S. South, 1840-1940·.
- Author
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Noll, Steven
- Subjects
- *
CIVIL rights , *RACIAL identity of Black people , *INSANITY (Law) , *LIBERTY , *BIBLIOGRAPHY - Abstract
The article is a collection of book reviews from the North Carolina Historical Review. The first review discusses a book on public grief, memory, and the Civil War, noting that it focuses on public ritual and politicized bodies. The second review examines a book on the political economy of blackness, insanity, and civil rights in the U.S. South from 1840-1940. It explores the intellectual underpinnings of the institutionalized treatment of black individuals and how those ideas translated into practice. The third review discusses a book on the archive and afterlife of the Civil War, specifically focusing on the evolution of Washington, D.C.'s Civil War archive. [Extracted from the article]
- Published
- 2024
31. DOUGLASS, LINCOLN, AND DOUGLAS BEFORE DRED SCOTT: A FEW THOUGHTS ON FREEDOM, EQUALITY, AND AFFIRMATIVE ACTION.
- Author
-
CHAMBERS JR., HENRY L.
- Subjects
- *
LIBERTY , *EQUALITY , *AFFIRMATIVE action programs , *SLAVERY , *AFRICAN Americans , *CIVIL rights , *UNIVERSITY & college admission - Published
- 2023
32. ЕЛЕКТРОННЕ ГОЛОСУВАННЯ ЯК ЕЛЕМЕНТ ЕЛЕКТРОННОЇ ДЕМОКРАТІЇ: ДОСВІД КРАЇН ЄС.
- Author
-
Панкратова, В. О.
- Subjects
CIVIL rights ,DEMOCRACY ,LIBERTY ,ELECTIONS - Abstract
The rapid development of information technologies and digital transformation affects various spheres of social relations. Democratic processes in the country, particularly voting, are no exception in this direction. Note that voting and elections are the main components of modern societies, as elections impact citizens' lives and well-being. There is a widespread tendency to reduce participation due to the inconvenience of face-to-face voting. One of the methods of increasing the number of voters is the introduction of electronic voting. The author notes that electronic voting covers several types of electronic means in elections for direct voting and counting votes. The work also considers the peculiarities of the Internet or online voting. The positive aspects of electronic voting are analyzed, in particular, such as the automation and simplification of the election process, the increase in participation, and the depreciation of the time required to announce the results. At the same time, the author points out the risks that arise when using electronic voting: falsification of elections, violation of the secrecy of the election, technical failure, etc. The paper analyzes the peculiarities of the use of electronic voting machines in Germany and other EU countries. In particular, it indicated that Estonia has a positive experience implementing Internet voting. It had determined that such a vote is unique because it becomes available online only before Election Day during the early voting period, which usually lasts one week. It emphasized that Estonia remains the only country in the world that has been using a digital voting alternative since 2005, involving young people inside the country and Estonians living abroad in the electoral and political process. The author notes that such success is due to several factors: people's trust in the authorities, a developed data security system, and the availability of a technological foundation built long before the first attempt at e-voting. It had determined that other countries are trying to adopt Estonia's experience, offering an alternative voting method. The author notes that this is limited to installing special voting machines. The work summarizes that electronic voting involves implementing the latest information technologies for the election process. However, the introduction of electronic voting technology itself needs to be clarified. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
33. Can Press Freedom Enhance the Effect of News Exposure on COVID-19 Health Beliefs? A Health Belief Model Perspective.
- Author
-
Goh, Zhang Hao, Tandoc Jr., Edson C., Salmon, Charles Thomas, Kim, Hye Kyung, and Shi, Jingyuan
- Subjects
- *
VACCINATION , *STRUCTURAL equation modeling , *MASS media , *COVID-19 , *LIBERTY , *ATTITUDE (Psychology) , *PUBLIC health , *SELF-efficacy , *SURVEYS , *HEALTH attitudes , *DISEASE susceptibility , *INTRACLASS correlation , *VACCINE hesitancy , *RESEARCH funding , *CIVIL rights , *DATA analysis software , *MISINFORMATION , *HEALTH promotion - Abstract
News media can influence citizens' health beliefs about COVID-19 and eventually their vaccination intention. However, existing literature has rarely investigated how such effect is contingent upon a country-level factor: press freedom. Situated in the Health Belief Model, this study draws upon a multi-national survey (N = 3,599), involving 10 major cities in Asia to address the research gap. Results showed that news exposure has a positive effect on personal health beliefs on COVID-19, affecting their vaccination intention. More interestingly, the relationship between news exposure and personal health beliefs about COVID-19 was negatively moderated by level of press freedom – that is, the relationship between news exposure and personal health beliefs is stronger in cities that belong to countries with low levels of press freedom. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
34. Religious Group Affect and Support for First Amendment Liberties.
- Author
-
Bennett, Daniel and Strother, Logan
- Subjects
- *
RELIGIOUS groups , *GROUP identity , *CIVIL rights , *RELIGIOUS identity , *TOLERATION , *LIBERTY , *PUBLIC opinion - Abstract
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]
- Published
- 2023
- Full Text
- View/download PDF
35. РОЛЬ УПОВНОВАЖЕНОГО У СПРАВАХ ЄСПЛ У СИСТЕМІ СУБ'ЄКТІВ, ЩО ЗАБЕЗПЕЧУЮТЬ ЗАХИСТ ПРАВ І СВОБОД ЛЮДИНИ ТА ГРОМАДЯНИНА (АДМІНІСТРАТИВНО-ПРАВОВИЙ АСПЕКТ)
- Author
-
Т. В., Кожемякіна
- Subjects
CIVIL rights ,JUSTICE ,LAW enforcement ,COMMISSIONERS ,LIBERTY ,HUMAN rights - Abstract
The article analyzes the role and place of the ECHR Commissioner in the system of entities that ensure the protection of human and citizen rights and freedoms in Ukraine. It has been established that over the past thirty years, a system of public-authority subjects has been formed in Ukraine, the main duty of which is to ensure the protection of human and citizen rights and freedoms. It was established that the term "system of public-authority entities" means the coordinated work of all elements that make up such a system. However, the analysis of special literature shows that only a few scientific sources try, firstly, to name a complete list of elements of such a system, and secondly, to characterize its interaction among themselves as elements of a single system. It has been proven that the system of entities that ensure the protection of human and citizen rights and freedoms must meet the following criteria: 1) must have a set of elements sufficient for its viability; 2) its elements interact with each other and complement each other, which gives the system integrity and stability; 3) is effective and viable if it is unfavorable to external negative and destructive manifestations. It was found that the concept of "a system of entities that ensure the protection of human and citizen rights and freedoms in Ukraine" is characterized by the following features: a) we are talking about public-authority entities that exercise their powers, firstly, as representatives of legislative, judicial and executive power, secondly, as state bodies that do not belong to any of the branches of state power; b) the term "ensuring protection" allows the subjects of such a system to include not only law enforcement and judicial bodies that directly exercise jurisdictional protection of human and citizen rights and freedoms in the country, but also subjects that perform non-jurisdictional human rights activities. It was concluded that the system of public-authority entities that ensure the protection of human and citizen rights and freedoms in Ukraine includes: 1) entities that establish the principles of protection of human and citizen rights and freedoms and ensure legal regulation of such protection; 2) entities that, in order to protect the rights and freedoms of individuals, carry out jurisdictional (law enforcement) activities; 3) entities administering justice; 4) entities that carry out activities related to the prevention of violations of the rights and freedoms of individuals; 5) subjects carrying out non-jurisdictional human rights activities. Accordingly, the ECHR Commissioner refers to the public-authority subjects of the executive power that carry out non-jurisdictional human rights activities. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
36. МИРОВА УГОДА У ЦИВІЛЬНОМУ ПРОЦЕСІ ЯК ЗАБЕЗПЕЧЕННЯ ПРИНЦИПУ ДИСПОЗИТИВНОСТІ
- Author
-
С. Д., Гринько and М. І., Ромась
- Subjects
CIVIL procedure ,LEGAL settlement ,CIVIL rights ,LEGAL judgments ,LIBERTY - Abstract
The article is devoted to the analysis of the settlement agreement as a guarantee of the principle of dispositiveness in the civil process. However, substantive law is the basis for any procedural legal relations. Thus, the civil procedural principle of dispositiveness is an analogue of the principle of freedom in civil law. The principle of dispositiveness in the civil procedural sense means the possibility for the parties of the case to dispose their rights regarding the subject of the dispute at their own discretion. Dispositivity in the civil law sense is the freedom to perform procedural actions freely, without coercion. Dispositiveness in civil proceedings means that the parties to civil proceeding have the right to waive their claims against each other at any stage of the trial by waiving or admitting the claim, or by entering into a settlement agreement. The conclusion of a settlement agreement by the parties at any stage of the court proceedings is an ensuring of the principle of dispositiveness - the freedom to freely dispose of one's procedural and material rights. Researched that settlement agreement is a reconciliation mechanism and the result of an agreement between the parties. The purpose of concluding a settlement agreement is to settle the dispute on the basis of mutual concessions and should concern only the rights and obligations of the parties. Also, the parties can go beyond the scope of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The settlement agreement is a mixed contract, as it is regulated simultaneously by two branches of law - civil and civil procedural. In this regard, the norms relating to bilateral deed, civil obligation and civil agreement may be applied to the settlement agreement. The common features between these concepts in relation to the settlement agreement are that the settlement agreement is a bilateral agreement with a specific subject, parties, rights and obligations, and form. The settlement agreement is also considered concluded from the moment the parties have reached all essential conditions, which characterizes it as a consensual civil law agreement. The essential conditions of a settlement agreement as a civil law agreement are the condition about the subject and terms. All of the above means that due to its legal nature, the settlement agreement has both procedural and substantive legal features. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. JUDGES AND SOCIAL NETWORKS.
- Author
-
Rosales Garcia, Carlos Manuel and Ruiz Vargas, Oscar
- Subjects
SOCIAL ethics ,CIVIL rights ,SOCIAL media ,CENSORSHIP ,LIBERTY - Abstract
Copyright of Quaestio Iuris (QI) is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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
- 2023
- Full Text
- View/download PDF
38. REVISITING RIGHTS-TALK IN MAGNA CARTA: APPLYING HOHFELD TO THE PROBLEM.
- Author
-
Taliadoros, Jason
- Subjects
RIGHTS ,NATURAL law ,LIBERTY ,CIVIL rights ,LEGAL process theory - Published
- 2023
39. CUMHURİYET TÜRKİYESİ ANAYASALARININ OSMANLI KÖKLERİ: FATİH’İN TEŞKÎLAT KANÛNNÂMESİ’NDEN (KANÛNNÂME-İ ÂL-İ OSMAN) GÜLHANE HATT-I HÜMÂYÛNU’NA ANAYASAL HAREKETLERE GENEL BİR BAKIŞ.
- Author
-
ERASLAN, ZEKİ
- Subjects
CIVIL rights ,CONSTITUTIONS ,LIBERTY ,ORGANIZATION - Abstract
Copyright of Ataturk Arastirma Merkezi Dergisi is the property of Ataturk Arastirma Merkezi Dergisi 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
- 2023
- Full Text
- View/download PDF
40. Court precedent as an international legal standard for the protection of personal rights, freedoms and interests.
- Author
-
L., Ostafiichuk
- Subjects
INTERNATIONAL courts ,CIVIL rights ,LEGAL precedent ,LIBERTY ,FREEDOM of expression ,FREEDOM of religion ,HUMAN rights - Abstract
Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment 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
- 2023
- Full Text
- View/download PDF
41. Inequality Beyond GDP: A Long View.
- Author
-
Prados de la Escosura, Leandro
- Subjects
EPIDEMIOLOGICAL transition ,LIBERTY ,CIVIL rights ,INCOME inequality ,WELL-being - Abstract
This paper addresses international inequality in multidimensional well‐being during the last one‐and‐a‐half centuries. Inequality fell in health and education since the late 1920s, due to the globalization of mass schooling and the diffusion of the health transition, but only dropped in population‐weighted terms from 1970 onward for political and civil liberties, as the emergence of authoritarian regimes increased its dispersion since the end of World War I. In terms of augmented human development inequality declined since 1900. These results are at odds with per capita income inequality that rose over time and only shrank from 1990 onward. The gap between the OECD and the Rest of the world accounted only partially for inequality in well‐being since the dispersion within developing regions became its main driver from the mid‐20th century onward. Countries in the middle and lower deciles of the world distribution achieved the largest relative gain over the past century. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
42. Abrasive rights: The scope and limitations of religious autonomy.
- Author
-
de Pater, Arie and Petri, Dennis P.
- Subjects
- *
FREEDOM of religion , *LEADERSHIP , *CIVIL rights , *LIBERTY , *RELIGION & state - Abstract
Freedom of Religion or Belief, or FoRB, provides for autonomy of religious communities, including freedom to organise themselves, to train their leadership, and to educate their members, without government interference. Tensions between the tenets of the religious community and the wider society are inevitable. In this article, we justify religious autonomy through three lenses: transactional, traditional FoRB, and minorities. If people are free to join and leave the community, religious autonomy should prevail. We then analyse European cases that illustrate the tension between religious autonomy and non-discrimination. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. The Charities Act 2022 and its Dissuasive Effects on Donors.
- Author
-
Picton, John
- Subjects
- *
CHARITIES , *LEGISLATION , *CIVIL rights , *CIVIL law , *LIBERTY - Abstract
The Charities Act 2022 is the product of a report, Technical Issues in Charity Law, by the Law Commission. It is argued that certain headline reforms in the legislation should not be understood as merely technical. In order to give that claim an objective meaning, a frame for analysis is adopted – it is seen that the reform package has a dissuasive effect on donors. That means, all other things being equal, that donors are steered to reduce the size of their gifts, or in some cases, to refrain from giving. There is a careful line to tread. There is no magic in encouraging donation. It is not argued that the dissuasive reforms are necessarily undesirable or unjustifiable in themselves. Instead, the analysis is focused on a tight claim that unrecognised dissuasive, and so substantive, changes have been made. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
44. Libertatea individuală și arestarea preventivă. Privire specială asupra jurisprudenței Curții Europene a Drepturilor Omului.
- Author
-
MOROȘTEȘ, Anca Florina
- Subjects
CHOICE (Psychology) ,COMPETENT authority ,CRIMINAL procedure ,CIVIL rights ,LIBERTY - Abstract
Freedom is a distinctive principle for each individual, representing the ability to choose to do or not to do certain things. It is also a fundamental legal concept that applies to every person within a given society. This value implies the power of each individual to act in a certain way, provided he does not violate the rights or interests of others and at the same time respects the general and common interests of society. The limitation of the fundamental right to freedom must be subject to restrictive and exceptional conditions, which must be considered as credible guarantees, both at the national and international level. These guarantees regarding individual freedom in the context of criminal proceedings are regulated in the laws that establish the situations in which preventive measures can be imposed, the competent authorities that can order these measures, their duration and the procedures for verifying the legality of these preventive measures. [ABSTRACT FROM AUTHOR]
- Published
- 2023
45. БЕЗПОСЕРЕДНІ ОБ'ЄКТИ НЕЗАКОННОГО ПЕРЕШКОДЖАННЯ ОРГАНІЗАЦІЇ АБО ПРОВЕДЕННЮ ЗБОРІВ, МІТИНГІВ, ПОХОДІВ І ДЕМОНСТРАЦІЙ (СТАТТЯ 340 КК УКРАЇНИ)
- Author
-
О. М., Храмцов
- Subjects
CIVIL rights ,VIOLENCE ,LIBERTY - Abstract
The article examines the specifics of the direct objects of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine "Illegal obstruction with the organization or conduct of assemblies, meetings, marches and demonstrations". The author adheres to the approach of recognizing social relations as the object of criminal offenses. He does not support the position regarding the optional definition of the object of the criminal offense. It is emphasized that the composition of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine in the system of the Special Part of the Criminal Code does not correspond to its generic object. It is proposed to place this norm in Chapter V of the Special Part of the legislation on criminal responsibility. Social relations that ensure election, labor and other personal rights and freedoms of a person and a citizen should be recognized as the generic object of these offenses. The right protected by Art. 340 of the Criminal Code of Ukraine is a political right to carry out legal activities of organizing or holding of assemblies, meetings, marches and demonstrations, which is guaranteed by the Constitution of Ukraine. An additional direct object of this criminal offense is also investigated, which, in the opinion of the author, are social relations that arise in connection with the protection of the physical integrity of a person who suffers as a result of the use of physical violence against the victim. Its author's definition is given. It is proposed to recognize mental violence as a method of committing this criminal offense, which, in turn, gives grounds to recognize social relations that arise in connection with the protection of the mental integrity of a person as an additional optional object. The author's definition of such an object of a criminal offense is given. It is noted that mental violence is not limited to various threats. It is pointed out that the use of the term "mental violence" allows to take into account other types of mental influences, which can be specific manifestations of this method of committing a criminal offense, which is provided for in Art. 340 of the Criminal Code of Ukraine. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
46. الحرية التعاقدية، حقٌّ أساسي؟ قراءة في نصوص القانون التونسي.
- Author
-
ختام عبد الكريم ح
- Subjects
CIVIL rights ,INTELLECTUAL freedom ,CONSTITUTIONS ,YOUNG men ,LIBERTY - Abstract
Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal 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
- 2023
47. CONSTITUTIONAL PRINCIPLES GOVERNING THE FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES OF ROMANIAN CITIZENS.
- Author
-
POP, Mihaela
- Subjects
CIVIL rights ,DUTY ,HUMAN rights ,ROMANIANS ,LIBERTY ,FREEDOM of expression - Abstract
The Constitution explicitly guarantees and protects the fundamental human rights and freedoms that are deemed to be of utmost importance. By incorporating them directly into the basic law, their existence and recognition are assured, as well as providing efficient measures for guaranteeing and protecting them. The constitution's language should only include principled restrictions, as that is its purpose. In the realm of basic rights and freedoms, the Romanian Constitution of 1991, with its revisions, establishes certain regulations referred to as principles. In this article, we will provide a concise overview of these principles. [ABSTRACT FROM AUTHOR]
- Published
- 2023
48. LIBERTATEA CREDINȚELOR RELIGIOASE ÎN ROMÂNIA. ABORDARE NORMATIVĂ, DOCTRINARĂ ȘI JURISPRUDENȚIALĂ.
- Author
-
VEDINAȘ, VERGINIA and GODEANU, NARCIS TEODOR
- Subjects
LEGAL documents ,FAITH ,FREEDOM of religion ,CIVIL rights ,CONSTITUTIONS ,LIBERTY - Abstract
This study aims to analyse the legal regime of one of the most sensitive and profound fundamental freedoms, the freedom of religious belief. We say this because it influences not only the life of each individual, but also the life of communities, of the peoples of the world and, without any exaggeration, over time it has influenced the life of an important part of the world, of more extensive or more restricted regions. The Constitution regulates this in Article 29, and the constituent rules are further developed by the Law No 489/2006 on freedom of religion and the general system of religions. We will analyse the legal regime of this freedom in the light of the constitutional and legal provisions, highlighting the elements that make it different from other freedoms. [ABSTRACT FROM AUTHOR]
- Published
- 2023
49. El derecho de los migrantes rescatados en el mar que soliciten protección internacional a no ser internados.
- Author
-
Girón-Reguera, Emilia
- Subjects
RIGHT of asylum ,HUMAN rights ,JUDGMENT (Psychology) ,CIVIL rights ,LIBERTY ,IMMIGRANTS - Abstract
Copyright of Saber, Ciencia y Libertas is the property of Saber, Ciencia y Libertad 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
- 2023
- Full Text
- View/download PDF
50. Convention for the Protection of Human Rights and Fundamental Freedoms as a Constitutional Instrument of European Public Order.
- Author
-
Grynchak, Alla A., Tavolzhanska, Yuliia S., Grynchak, Serhii V., Smorodynskyi, Viktor S., and Latysh, Kateryna V.
- Subjects
- *
CIVIL rights , *PUBLIC policy (Law) , *HUMAN rights , *JUDICIAL elections , *LIBERTY - Abstract
Convention for the Protection of Human Rights and Fundamental Freedoms simultaneously complements the content of European public order, introducing human rights as a new component and providing two powerful mechanisms for implementing and guaranteeing this order, namely the Convention and a judicial body - the ECtHR. The results obtained allow us to formulate new concepts of unification of terms and approaches to the public order in Europe, which will integrate this region even more into the common legal space and provide the protection of human rights and freedoms at a new, higher level. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
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