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The article examines the complex and strained relations between politics, the State and the Constitution, both by means of the famous debate over democracy and constitutionalism, and by means of the paradoxes of the legal formalism associated with the constitutional law, the political law par...
Persistent link: https://www.econbiz.de/10010659219
Starting from the description of how the fundamental law of Romania had been revised in 2003, so that its texts be in accordance with the fundamental principles that govern the European legislation, the author promotes several critical ideas, regarding the manner in which the revision of the...
Persistent link: https://www.econbiz.de/10010659227
In the contemporary world, the distinction between the state of peace and the state of war has been progressively blurred, the debate over national security has included new threats and new responses, and a large share of the military activities of constitutional democracies consists of...
Persistent link: https://www.econbiz.de/10010661048
In Romania, issues such as the civil procedure code or the constitutionality of a government request for a vote of confidence have generated fruitful debates on the jurisprudence of the Constitutional Court. In this respect, the author argues that its decisions can reflect an indirect dialogue...
Persistent link: https://www.econbiz.de/10010661049
Since March 1, 2010, administrative and judiciary judges are essential actors of the new process of a posteriori constitutional review. The ordinary judge is in the heart of a device based on a filtering system towards the Constitutional Council, which preserves the monopoly on the...
Persistent link: https://www.econbiz.de/10010661053
Republic of Moldova is one of the countries that have to improve the national framework in order to harmonize the local provisions with international treaties Moldova is part at. Of course, national criminal law is one of the law branches that have its specific. The Criminal Code provisions are...
Persistent link: https://www.econbiz.de/10010735226
Minority rights protection system was developed as a reaction to the persecution of this group throughout history and is revealed as an ensemble of elements in interdependence and constantly evolving. In other words, "creating the international system of protection of minority rights is an...
Persistent link: https://www.econbiz.de/10010735604
The right to life is an inherent right of every human being and it is a prerequisite for ensuring all other rights throughout the architecture of protecting the human rights. The defence of human life by any means, including through criminal law, is one of the main duties of any state....
Persistent link: https://www.econbiz.de/10010838421
The right to private and family life is one of the fundamental human rights enshrined in Article 8 of European Convention on Human Rights, generically called „right to respect privacy and family life”, protecting a wide range of interests of personal nature. The essential foundation of these...
Persistent link: https://www.econbiz.de/10010838438
In the contemporary society, ethical issues raise more and more controversial debates. This has also emerged regarding the concept of euthanasia, given that it involves the decision of the patient who is facing the last phase of his life. Since this issue raises more and more debates, we...
Persistent link: https://www.econbiz.de/10010838531