Pravni Zapisi最新文献_第5页

Discrimination and Roma identity in Serbia 塞尔维亚的歧视和罗姆人身份

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-31983

Goran Bašić, Ivana Stjelja

引用次数: 2

Interpretation and construction: An addendum to the discussion about creation and application of law 解释与建构:法律创设与适用讨论的补充

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-31882

Bojan Spaić

{"title":"Interpretation and construction: An addendum to the discussion about creation and application of law","authors":"Bojan Spaić","doi":"10.5937/pravzap0-31882","DOIUrl":"https://doi.org/10.5937/pravzap0-31882","url":null,"abstract":"As part of their regular activities, courts attach meaning to legal texts to determine the normative situation of the parties to the dispute. The activity of attributing meaning to legal texts by the courts is commonly called authoritative interpretation of law. In many cases, the meaning attributed to the text by the court deviates significantly from what laymen and even lawyers would expect, and the deviations themselves are explained in different ways in legal theory. In the purpose of explanation, the terms creation and application of law, extensive and restrictive interpretation, secundum, praeter and contra legem adjudication are used. This paper introduces and explains the concepts of interpretation, construction and their relationship, as possible explanations of situations in which authoritative judicial interpretations deviate from the expectations of the professional and lay public. For this purpose, contemporary textualist and intentionalist (cognitivist) conceptions of interpretation and construction are presented and compared with contemporary skeptical (realist, antiformalist) conceptions. Despite the simplicity and intuitive acceptability of some cognitivist views, skepticism is shown to provide a better theoretical basis for considering the application and creation of rights by courts. The very distinction between interpretation and construction proves to be a useful theoretical tool for explaining the actions of courts, as well as for specifying existing theoretical distinctions.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030601","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: 1

Facebook Oversight Board's decision on the indefinite suspension of Donald Trump's account 脸书监督委员会关于无限期封禁唐纳德·特朗普账户的决定

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-32521

Ivana Vukčević

引用次数: 4

Normativity of international law 国际法的规范性

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-33820

Goran Dajović

引用次数: 0

Anonymous birth versus child's right to identity 匿名出生与孩子的身份权

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-34192

Tamara Mladenović

引用次数: 0

Constitution without a state: The formation of The Kingdom of SCS and "The Vidovdan" Constitution in The constitutional law curriculum in Yugoslavia's successor states 没有国家的宪法:南南斯拉夫王国的形成与南斯拉夫继承国宪法课程中的“维多夫丹”宪法

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-32156

Srđan Milošević

{"title":"Constitution without a state: The formation of The Kingdom of SCS and \"The Vidovdan\" Constitution in The constitutional law curriculum in Yugoslavia's successor states","authors":"Srđan Milošević","doi":"10.5937/pravzap0-32156","DOIUrl":"https://doi.org/10.5937/pravzap0-32156","url":null,"abstract":"\"The Vidovdan\" Constitution of the Kingdom of Serbs, Croats, and Slovenes, rendered on 28 June 1921, one hundred years after its adoption, remains an unavoidable topic and an occasion for discussions about the reasons for the failure of the Yugoslav state. The unitarian-centralist system unanimously criticized today as an inadequate constitutional form for the functioning of a complex community such as Yugoslavia was once legitimized by the concept of national unity of Serbs, Croats, and Slovenes. The national conception, the type of state system, and the related disagreements are part of both the political and constitutional history of the states that emerged from the disintegration of Yugoslavia. This paper analyses the content of textbooks of Constitutional Law that are in use at law schools in the successor states, which have existed continuously since the breakup of Yugoslavia until today and are used to educate the vast majority of lawyers in these states. The way in which the shared constitutional history from the first decade of Yugoslavia is presented after the collapse of the socialist paradigm (that mainly was unison) largely follows the national borders of the successor states in terms of its content and interpretation.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71031000","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

Canaries in a coal mine: Rule of law deficiencies and mutual trust 煤矿中的金丝雀:法治缺失与相互信任

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-35035

Petra Bárd

引用次数: 3

Institutional framework of collective consumer protection in the Republic of Serbia: Condition and perspectives 塞尔维亚共和国集体消费者保护的制度框架:条件与展望

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-32149

Jovanka Popović

引用次数: 0

Emergency governance (un)bound: A brief reflection on Southeast Europe's response to Covid-19 pandemic 紧急治理(不受限制):对东南欧应对Covid-19大流行的简要反思

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-29534

Teodora Miljojković

{"title":"Emergency governance (un)bound: A brief reflection on Southeast Europe's response to Covid-19 pandemic","authors":"Teodora Miljojković","doi":"10.5937/pravzap0-29534","DOIUrl":"https://doi.org/10.5937/pravzap0-29534","url":null,"abstract":"Relying on the Madison-Schmitt dichotomy in the theory of emergency governance, this article will explore to what extent constitutional courts of Southeast Europe imposed warranted limits to the executive power in their responses to the Covid-19 global pandemic. The specific aim of this article is to illustrate how the constitutional courts of Croatia and Serbia responded to the question of whether the Covid-19 pandemic called for the introduction of the state of emergency. The dilemmas that emerged in the Covid-19-related rulings of these courts reflect the heated constitutional theoretical debates on emergency powers, which could be roughly reduced to three main points of examination: (1) Is the executive de facto Schmitt's sovereign , who decides on the case of exception even when the constitution states other-wise? (2) Should the courts, following the historically repetitive practice, demonstrate special deference to other branches of government in the time of crisis such as the Covid-19 pandemic? (3) Are the courts in the position to assess the constitutionally envisaged facts and conditions for introducing the emergency regime, e.g., to go into a formal and substantive review of the declaration of the state of emergency? The analysis will conclude that the constitutional courts of Serbia and Croatia failed to set out a robust doctrine of emergency powers and constrain other branches of governments effectively. In Serbia, that resulted in a constitutionally legitimized NEO-Schmittian model, which presupposes that in the time of a crisis, the powers of emergency decision making significantly shift to the executive. On the other hand, the Croatian Constitutional Court missed the chance of entrenching a strong Madisonian model based on the interbranch checks and balances and cooperation.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030550","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: 3

The law unveiled: On burka ban, Kanzelparagraph and militant secularism in the socialist Yugoslavia 法律公布:在布尔卡禁令，坎泽尔帕特和激进的世俗主义在社会主义南斯拉夫

Pravni Zapisi Pub Date : 2021-01-01 DOI: 10.5937/pravzap0-34171

Marko Božić

{"title":"The law unveiled: On burka ban, Kanzelparagraph and militant secularism in the socialist Yugoslavia","authors":"Marko Božić","doi":"10.5937/pravzap0-34171","DOIUrl":"https://doi.org/10.5937/pravzap0-34171","url":null,"abstract":"Despite being closely examined from the perspective of its political background , the 1950 Yugoslav burka ban as a legal text remained until now beyond interests of historians of law. Exposing this Yugoslav law to a strictly normative analysis and comparison with analogous contemporary bans, this paper delivers the findings that largely exceeded the results of historical studies done so far. Though a brief text, the Yugoslav burka ban was a composite legislation that surely contained full-face veil ban, but also penalized criminal acts against unveiling and introduced an embryo to the future socialist Kanzelparagraph i.e., pulpit law as well. Openly aiming to break a religiously inspired behavior, its militant advocacy was only apparently distinct from a more neutral wording of the present-day veil-bans. A thorough analysis of its ideological foundation, however, indicates a crucial common feature with the modern laical legislation: the paternalistic state action excluding religion as such from the open public space and free debate. As such, the legacy of the Yugoslav socialist burka ban contributes to better understanding of militant SEC-ularism as surely a modern, but not a new controversy.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71031327","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