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Some Remarks on Book Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era by Diego Valadés 《批判宪政:后新冠肺炎时代的宪政转型思路》书评
Societas et iurisprudentia Pub Date : 2023-10-01 DOI: 10.31262/1339-5467/2023/11/3/70-77
Peter Vyšný
{"title":"Some Remarks on Book Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era by Diego Valadés","authors":"Peter Vyšný","doi":"10.31262/1339-5467/2023/11/3/70-77","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/3/70-77","url":null,"abstract":"The present paper is a review essay focused on the book – scientific monograph Critical Constitutionalism: Ideas for Constitutional Transition in the Post-COVID-19 Era written by Mexican legal scholar Diego Valadés in year 2021. The book is a brief but incisive analysis of how Mexico (mis)managed the global COVID-19 pandemics. The author showed that many actions and measures taken by the Mexican State during the state of emergency declared due to the COVID-19 pandemics were problematic for various reasons, both constitutional/legal and extraconstitutional/extralegal ones, and resulted from long-term, serious and complex shortcomings of the Mexican political system, primarily based on the Mexican Federal Constitution of 1917 and related federal legislation. However, the author’s criticism of the Mexican constitutional/political system is constructive, as he makes useful suggestions to overcome (or, at least, to reduce) its shortcomings throughout the book.","PeriodicalId":496818,"journal":{"name":"Societas et iurisprudentia","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136153920","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
Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications 论欧洲人权法院对Halet诉卢森堡案的判决及其影响
Societas et iurisprudentia Pub Date : 2023-10-01 DOI: 10.31262/1339-5467/2023/11/3/56-69
Vojtěch Hanzal
{"title":"Discussion on the European Court of Human Rights’ Decision in the Case of Halet v. Luxembourg and Its Implications","authors":"Vojtěch Hanzal","doi":"10.31262/1339-5467/2023/11/3/56-69","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/3/56-69","url":null,"abstract":"The decision in the case of Halet v. Luxembourg can be considered quite crucial in the field of whistleblowing, as it significantly redefines the conditions and procedure for granting protection to whistleblowers within the meaning of the Article 10 of the European Convention on Human Rights, while expanding the range of cases where protection can be granted. However, the consequence of this decision is also a significant reduction of predictability, for both the whistleblowers themselves as well as for the persons whose conduct is reported. This paper aims to analyse the decision itself, to define its rudimentary argumentative elements and to discuss issues arising from the decision, as well as the possible effects that the decision may have on the application practice.","PeriodicalId":496818,"journal":{"name":"Societas et iurisprudentia","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136152408","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 Forensics in Criminal Proceedings: From Theory to Practice or How to Prevent Limitations 刑事诉讼中的法医学:从理论到实践或如何防止局限
Societas et iurisprudentia Pub Date : 2023-10-01 DOI: 10.31262/1339-5467/2023/11/3/19-33
Andrei Zarafiu
{"title":"The Forensics in Criminal Proceedings: From Theory to Practice or How to Prevent Limitations","authors":"Andrei Zarafiu","doi":"10.31262/1339-5467/2023/11/3/19-33","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/3/19-33","url":null,"abstract":"In the beginning of the current century, a new paradigm of assessing the rules in criminal proceedings has been emphasized, more specifically in those criminal cases in which a new trend in applying methodology of criminal sciences is arisen. There is no doubt that the new concept of preventing limitations in assessing the means of the forensics which are directly involved in the process of delivering the criminal decisions has already been accustomed. The current paper focuses on the new concepts of the forensics applicable in criminal proceedings, in such a manner not to exceed the legal framework of criminal procedure law, on the one hand, and to prevent any limitations which should be imposed, on the other hand. In this context, it has been observed that the methodology of investigation through means and instruments of the forensics has reached new dimensions, unavoidable ones. The culture of the forensics is, at the moment, of high interest for the judicial activity of criminal proceedings and, for this reason, a new approach in this matter is expected to be expressed by the legal doctrine in criminal matters.","PeriodicalId":496818,"journal":{"name":"Societas et iurisprudentia","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136153911","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
Status Issues of Platform Work 平台工作的现状和问题
Societas et iurisprudentia Pub Date : 2023-10-01 DOI: 10.31262/1339-5467/2023/11/3/34-55
Helena Barancová
{"title":"Status Issues of Platform Work","authors":"Helena Barancová","doi":"10.31262/1339-5467/2023/11/3/34-55","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/3/34-55","url":null,"abstract":"The subject of the author’s analysis is the performance of work for digital platforms, which is currently developing very dynamically and is significantly ahead of legal regulation. The first legal regulation of work performed for digital platforms at the level of the European Union will be the upcoming directive on improving the working conditions of persons working through digital platforms. The author examines the draft of the aforementioned directive, especially its legal consequences for the legislation of the Slovak Republic. Since the work for digital platforms with algorithmic management often does not meet either the legal characteristics of “dependent work” or the legal characteristics of “independent work”, the author de lege ferenda proposes a legislative solution to the status issues of persons working for digital platforms also by means of a reassessment of the current normative definition of the term “dependent work” as well as the term “employee” which, according to the legal status de lege lata, is defined significantly narrower compared to the personal scope of the proposed directive. In this way, it would be realistically possible to ensure the social protection of natural persons working for digital platforms in the near future.","PeriodicalId":496818,"journal":{"name":"Societas et iurisprudentia","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136153914","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
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