Revista de Drept Constituțional最新文献

The impact of the COVID-19 Pandemic on constitutionalism and the state of emergency 新冠肺炎疫情对宪政和紧急状态的影响

Revista de Drept Constituțional Pub Date : 2023-02-14 DOI: 10.47743/rdc-2022-1-0003

Blerton Sinani

{"title":"The impact of the COVID-19 Pandemic on constitutionalism and the state of emergency","authors":"Blerton Sinani","doi":"10.47743/rdc-2022-1-0003","DOIUrl":"https://doi.org/10.47743/rdc-2022-1-0003","url":null,"abstract":"The emanation of the Covid-19 global pandemic has managed to influence specific legal, political and socio-economic aspects. Public health, public institutions, as well as concepts such as: the rule of law, restriction of certain human rights and socio-economic wellbeing became characteristics of the global pandemic and as such triggered a state of emergency. The pandemic cannot be a justified pretext for an unlimited suspension of democracy. Indeed, restrictions on civil rights and liberties ought to be interim, proportional and transparent. Although the emergency measures taken by governments against the Covid-19 should be provisional, timebound and in congruence with democracy as any contemporary political regime or state governed by the rule of law. This situation once again revealed to us the importance of a constitutional state of emergency guided by public law in its forms and examples of comparative constitutional law regarding events which in 2020 demanded the emergence and function of public institutions in an effort to protect society. The state of emergency is regulated by the Constitution of the Republic of North Macedonia of 1991 in general which gives the government expansive power, such as bypassing the parliament’s power through issuing acts by force of law. It is worth mentioning that in North Macedonia there is no lex specialis or special legislative act that regulates a state of emergency.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115165354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutional Challenges in the Algorithmic Society 算法社会中的宪法挑战

Revista de Drept Constituțional Pub Date : 2021-11-01 DOI: 10.1017/9781108914857

Ruxandra Andreea Lăpădat

引用次数: 4

The constitutionality of decisions delivered by the Full Court on Points of Law 合议庭就法律要点作出的决定是否符合宪法

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2023-1-0004

Marian Mădălin Pușcă

引用次数: 0

A comparative study of separation of powers – an aspect of constitutionalism 三权分立比较研究——宪政的一个方面

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2021-2-0001

Vijaylaxmi Sharma, Prabhpreet Singh

{"title":"A comparative study of separation of powers – an aspect of constitutionalism","authors":"Vijaylaxmi Sharma, Prabhpreet Singh","doi":"10.47743/rdc-2021-2-0001","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0001","url":null,"abstract":"According to the principle of separation of powers, there shall be division of power into legislative, executive and judicial branches, in order to protect political freedom. The power of these three bodies shall be restricted to their own specific boundaries and thus, no overlap is allowed. The onset of the 21 st century has witnessed the problem of draconian legislations in most of the nations. Lots of questions are asked by citizens of such nations regarding the right to equality, freedom of speech and expression and the right to dissent. The interference of judiciary has become the essence of time to protect individual liberty and ensure the rule of law. Constitutionalism is one such principle which protects constitutional values by restricting the power of the state. The power of legislature is limited by the judiciary, which tests the validity of laws on touchstone of constitution. In some circumstances, the judiciary also breaches the compartment of separation of powers and lays down guidelines in form of laws which originally is the function of the legislature. This paper discusses such circumstances where it has become vital for the judiciary to keep a balance between the separation of powers and the principle of checks and balances. Also, such practices ensure constitutionalism in the nations.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122881625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introduction to the German constitution protection law (VERFASSUNGSSCHUTZRECHT) 德国宪法保护法简介(VERFASSUNGSSCHUTZRECHT)

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2017-1-0001

Codrin Timu

{"title":"Introduction to the German constitution protection law (VERFASSUNGSSCHUTZRECHT)","authors":"Codrin Timu","doi":"10.47743/rdc-2017-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2017-1-0001","url":null,"abstract":"The German constitution protection law represents the entirety of legal norms, which \u0000aim towards the protection of the free democratic fundamental order of \u0000Germany and towards the existence and security of the federation or of a land. \u0000The article represents a short introduction to this law domain and details its \u0000fundaments and its actual regulation. As early as 1952 the Federal \u0000Constitutional Court of Germany defined the expression “free democratic \u0000fundamental order of Germany” as being one of the main objects of protection \u0000and defense of the German offices for the protection of the constitution. \u0000Handling with this subject has a specific importance, because Germany (as well) \u0000is one democratic state that adopted in the constitution a “democratic \u0000anti-extremist ideology”. The principle of militant democracy (wehrhafte \u0000Demokratie) was adopted by the constitutional legislator as a solution to the \u0000“democratic dilemma” of the 1920s, when the constitutionalists of the time \u0000asked themselves, if a democracy should have the right to dissolve itself \u0000through a democratic procedure. In this way, Germany created after the Second \u0000World War the offices for the protection of the constitution.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127966164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CONSTITUTIONALIZATION OF INTERNATIONAL LAW: A COMPARATIVE ANALYSIS BETWEEN BANGLADESH AND INDIA 国际法的宪法化:孟加拉国与印度的比较分析

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2022-2-0004

Nabila Akter

引用次数: 0

Brief comparative analysis on the constitutionality of non-voluntary arbitration 非自愿仲裁的合宪性简要比较分析

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2022-1-0005

Ingrid A. Muller

引用次数: 0

The german separation between police and the offices for the protection of the Constitution. Legal framework 德国区分警察和保护机关的宪法。法律框架

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2016-2-0002

Codrin Timu, Martin Ibler

{"title":"The german separation between police and the offices for the protection of the Constitution. Legal framework","authors":"Codrin Timu, Martin Ibler","doi":"10.47743/rdc-2016-2-0002","DOIUrl":"https://doi.org/10.47743/rdc-2016-2-0002","url":null,"abstract":"“The rule of law and the federal state, as well as the protection of the fundamental \u0000rights could forbid the fusion of certain offices or the delegation of these offices \u0000with functions that are incompatible with their constitutional position“1. In this \u0000manner the Federal Constitutional Court of Germany mentions the separation \u0000between police and the offices for the protection of the constitution. After the \u0000terrorist attacks in the USA, Spain, France, Belgium and Germany, the \u0000teamwork between the state offices has kept on intensifying. The discussion \u0000(debate) about the legal framework of the separation principle continued \u0000however to exist. In a time, where the security of the citizens steals away the \u0000space of the fundamental rights, to treat this subject is of the utmost \u0000importance2, in order not to allow the recurrence of the mistakes of the Weimar \u0000Republic. The article deals with the legal framework of the German separation \u0000between police and the offices for the protection of the constitution and gives \u0000an answer to the question if this principle has a constitutional status.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125968046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Les ennemies de la democratie. Elements pour une problematique systemique 民主的敌人。系统问题的要素

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2016-4-0002

Slobodan Milačić

引用次数: 0

Theoretical and practical aspects regarding solving civil cases in an optimal and predictable time 在最优和可预测的时间内解决民事案件的理论和实践方面

Revista de Drept Constituțional Pub Date : 1900-01-01 DOI: 10.47743/rdc-2019-2-0001

Mădălina Dinu

引用次数: 0