Juridiskā zinātne最新文献

The Protection of Fundamental Rights by the Constitutional Court in the Republic of Latvia. Perspectives, Opportunities and Limits of an Introduction of the Model in Italy 拉脱维亚共和国宪法法院对基本权利的保护。意大利引进该模式的前景、机遇和局限

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.12

Viviana Di Capua

{"title":"The Protection of Fundamental Rights by the Constitutional Court in the Republic of Latvia. Perspectives, Opportunities and Limits of an Introduction of the Model in Italy","authors":"Viviana Di Capua","doi":"10.22364/jull.16.12","DOIUrl":"https://doi.org/10.22364/jull.16.12","url":null,"abstract":"The contribution aims to analyse the constitutional complaint in the Republic of Latvia, a particular type of appeal to the Constitutional Court that can be filed by an individual directly, without any intermediation, if a legal norm that conflicts with a hierarchically superordinate source has caused a violation of one of his or her fundamental rights provided for in the Constitution the Republic of Latvia of 15 February 1992 (Satversme). The objective will be to explore, also through the examination of constitutional jurisprudence, the adequacy of this technique of protecting fundamental rights in the Republic of Latvia, the possible development of the legal system through the referral to the Latvian Constitutional Court of issues that should have been dealt with by the legislature, and its exportability in the Italian legal system. With regard to this last profile, we will proceed to examine the obstacles to the introduction of some form of direct access to the Constitutional Court, represented not already by Article 134 of the Constitution (which, notoriously, provides for the jurisdiction of the constitutional court “over disputes relating to the constitutional legitimacy of laws and acts, having the force of law, of the State and the Regions”), but by Constitutional Law no. 1 of 1948 and Law No. 87 of 1953, which structure the control of constitutionality exclusively on incidental access (“in the course of a judgment”) and by the model of protection of fundamental rights outlined by the Constitution, in which the function of protection is attributed to the ordinary judge and, in cases of exclusive jurisdiction, to the administrative judge. Finally, special attention will be paid to the constitutional jurisprudence on election laws, which, according to some, would have legitimized the introduction in the national system of a direct appeal “disguised” as an incidental appeal.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136112260","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

Social Welfare for Ukrainian Citizens in Poland. Selected Aspects 乌克兰公民在波兰的社会福利。选择方面

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.09

Dominika Cendrowicz

引用次数: 0

Consolidation of the Principle of Democratic Elections in the Law of the Latvian People 巩固拉脱维亚人民法律中的民主选举原则

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.10

Jānis Lazdiņš

{"title":"Consolidation of the Principle of Democratic Elections in the Law of the Latvian People","authors":"Jānis Lazdiņš","doi":"10.22364/jull.16.10","DOIUrl":"https://doi.org/10.22364/jull.16.10","url":null,"abstract":"The article provides an analysis of the gradual consolidation of the principle of democratic elections in the election law of the Latvian people during the period from the abolition of serfdom in the Baltic Governorates of the Russian Empire at the beginning of the 19th century until the adoption of the Satversme [Constitution] of the Republic of Latvia on 15 February 1922. Abolition of serfdom was chosen as a point of reference for the publication, because “emancipation” gave liberty to the majority of Latvians as persons belonging to the peasant class. Until proclamation of the Republic of Latvia (1918), Latvians gained election experience in electing the councils of civil parishes, cities and the State Duma of the Russian Empire. None of the elections held in the Russian Empire can be considered to be democratic, since the principle of voters’ equality was not complied with. Demand for democratic elections as denial of inequality consolidated among the Latvian people by the end of the 19th century. It is proven by the projects of Latvia’s autonomy, elaborated even before the democratic February Revolution in the Russian Empire (1917). Following the proclamation of the Republic of Latvia, the legislator only enshrined (documented) in legal acts the will of the Latvian people to elect state and local government officials democratically.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136113298","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

Risks to Employees’ Intellectual Property Rights Posed by Artificial Intelligence 人工智能给员工知识产权带来的风险

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.03

Ramūnas Birštonas

引用次数: 0

Władysław Tarnawski and the Critical Reactions of the National Democratic Party in Lviv to the Changes of the March Constitution (1926–1935) Władysław塔纳夫斯基与利沃夫民族民主党对三月宪法变更的批判反应(1926-1935)

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.11

Tomasz Pudłocki

引用次数: 0

Regulation on Terminating Joint Ownership and Reform Thereof in Latvia 拉脱维亚关于终止共同所有权及其改革的规定

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.13

Erlens Kalniņš

引用次数: 0

25 Years of Fundamental Rights in the Constitution of the Republic of Latvia: Development, Significance and Content 拉脱维亚共和国宪法基本权利的25年:发展、意义和内容

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.02

Anita Rodiņa, Annija Kārkliņa

引用次数: 0

The Multi-Stage Adoption of the 1992 Lithuanian Constitution in Comparative Perspective and Some Constitutional Paradoxes 比较视角下立陶宛1992年宪法的多阶段通过及一些宪法悖论

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.01

Vaidotas A. Vaičaitis

{"title":"The Multi-Stage Adoption of the 1992 Lithuanian Constitution in Comparative Perspective and Some Constitutional Paradoxes","authors":"Vaidotas A. Vaičaitis","doi":"10.22364/jull.16.01","DOIUrl":"https://doi.org/10.22364/jull.16.01","url":null,"abstract":"This article is the first attempt to analyse the Constitution of the Republic of Lithuania of 1992 from the perspective of the comparative concept of multi-stage constitution-making. The article consists of three parts: the first two explain, why the 1992 Lithuanian Constitution is not only a result of the 1989–1992 political and legal events in the country, but also bears some conceptual similarities in the latter legal steps with those of 1918–1922. From a comparative perspective, we can see that the multi-stage constitution-making in Lithuania (as well as other Baltic states) in the late 1980s and beginning of 1990s differs from some countries in the region of Central Eastern Europe (e.g., Poland and Hungary), because it includes the concept of continuity with the inter-war republics and does not include the phenomenon of “round tables” between the Communist party and so-called new People’s Front movements. The third difference is that the new constitutions were adopted in Lithuania and Estonia (and re-adopted in Latvia) at the beginning of 1990s, i.e., during the so-called “constitutional moment”, while in Poland and Hungary this happened a bit later. The last chapter of the article shows some constitutional paradoxes of constitution-making, namely: the paradox concerning the legitimacy of the authority having the power to adopt a constituent act; the paradox of mutual inter-dependence between the constituent authority and the constituent act, adopted by this authority; the so-called paradox of “illegality of law” of the constituent act (including the constitution adoption process) and the paradox of retrospectivity of the constituent act.","PeriodicalId":494816,"journal":{"name":"Juridiskā zinātne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136112702","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

The Concept of Loyalty in Legal Regulation in the Republic of Latvia: Current Situation and Challenges 拉脱维亚共和国法律规制中的忠诚观念:现状与挑战

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.14

Ēriks Treļs, Ivans Jānis Mihailovs

引用次数: 0

Approaches to Promote Gender Parity in Parliamentary Representation in Germany and France 促进德国和法国议会代表性别平等的途径

Juridiskā zinātne Pub Date : 2023-10-16 DOI: 10.22364/jull.16.05

Thomas Schmitz

引用次数: 0