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Athens in the classical period of Hellenic history was by far the most developed city of Helena, and its democratic system of making important decisions in the Assembly as well as their implementation, was a role model not only in the Hellenic world. Aristotle does not follow his teacher Plato nor Xenophon who do not discern difference between the system of government in the household and the polis. Polis is the community of equal people where relationships create free citizens who are also representatives of their own households, families or the territorial units (topics). Aristotle in the Rhetoric shares laws into general (natural) and specific, those which individual nations defined to themselves and for themselves which could be written and unwritten. Constitution of Athens is the only surviving piece of the rich Hellenic and legal history. In the following lines we will try to explain what this work contains and why it is important even nowadays after two and a half millennia.
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In the past few decades I have begun to examine the role that magic played in the lives of village and small town societies in the early modern period, in their mentality, religiosity and belief system. The examination was based on sources related to witchcraft. It is commonly known that the minutes of the witchcraft trials which took place throughout the 16th to 18th centuries are valuable sources with regard to the rural communities of the early modern period, in fact they constitute the only early modern source, which gives a detailed account of the communal role and social background of magic. The witness accounts of these trials reflect almost directly the ‘rural witchcraft’, which took place in the background of the official events and preceded these trials. Contrary to the accused, who may even have been forced by the expectations of elite demonology to make a false statement, the witnesses reconstructed the goings on of their village in the context of traditional witchcraft belief. They relate those of their memories, which can be interpreted as malefactions of a witch in the light of their beliefs. This allows us to gain what might near enough be called direct evidence regarding bewitchment (‘maleficium’) or black magic (or, in fact, its absence, as we shall see in what follows).
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Bartłomiej Groicki and Paweł Szczerbic presented, in Polish, the principles of adapted Magdeburg law, which regulated legal proceedings and communication in the 16th-century municipal judiciary. Their ideas referring to language interaction were broad as they included the participants, space and time as well as text structures. Therefore, the codifiers created an optimal model of institutional communication used in courts which included discursive components and which they firmly introduced into jurisprudence. Codification proposed by Bartłomiej Groicki and Paweł Szczerbic was used during trials in municipal courts between the 16th and 18th centuries. Determining the extent to which that codification was used in courtroom communication is made possible thanks to surviving archived municipal books, compiled in many cities of the First Rzeczpospolita (Republic of Poland). However, the studies recreating the Old Polish language on the basis of these books would have to be aimed at text linguistics and pragmatics, which would include institutional parameters. Such analyses would result in recreating obligatory models of institutional communication used by Polish townspeople, which was influenced by German legislation.
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Federalism applied in Bosnia and Herzegovina is very original, starting with the constitution adopted in the form of an international treaty, all the way to a constitutional court composed of foreign nationals. This unique arrangement, which is a combination of the elements of two forms of federalism - the confederation and the federation, has been functioning for almost a quarter of a century. The first subject of analysis in this paper is the legal nature of constitutional arrangement in Bosnia and Herzegovina. Thereafter, attention is directed to the way it has originated and an attempt to answer the question of whether it arose by unification of independent entities (association) or by changing the internal structure of an earlier unitary state (devolution). After considering older, dichotomous theories about the emergence of federal systems, more recent, trichotomous theories are also considered. At the very end, there are some reflections on the future of federalism in multinational communities in general and especially Bosnia and Herzegovina.
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Als von allen Richterkollegen gewähltem berichterstattenden Richter im Fall Nr. U-5/98 des bosnischen Verfassungsgerichts war mir bereits klar geworden, welche Schwierigkeiten die Umsetzung der Dayton-Verfassung mit sich bringen. So hatte das Friedensabkommen von Dayton-Paris eine duale verfassungsrechtliche Struktur mit sich gebracht, die auf einem politischen Kompromiss beruhte. [...]
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Constitution of Bosnia and Herzegovina defines that Republic of Bosnia and Herzegovina, shall continue its legal existence under international law as the Bosnia and Herzegovina with modified internal structure with its internationally recognizes borders. So it can be concluded that transformation of Bosnia and Herzegovina from unitary state to complex state has been result of devolution (changing internal structure of state). But, ever since the Dayton Peace Agreement was signed there has been continuous disagreements about the way that Bosnia and Herzegovina has originated. Despite precise constitutional provisions, some theoreticians consider Bosnia and Herzegovina as a “new” state, result of unification of independent states (Republic Srpska and Federation of Bosnia and Herzegovina) and on that premise they define Bosnia and Herzegovina as confederation or union based on idea of entity statehood. So the main focus of this paper is to analyze question of identity and continuation of Republic of Bosnia and Herzegovina with “Dayton” Bosnia and Herzegovina and to determine mode of origin of Bosnia and Herzegovina as devolution or association.
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Нов швајцарски устав; Уредништву ''Гласа Јавкости''; ОПШТИНА; ИЗ НАРОДА; ИЗ СРЕЗА АЕПЕНИЧКОГ; Одзив на чланак у 18-ом бр. ''Гл.Јавности“, Каква нам је летина?; Политички преглед; КРАГУЈЕВАЧКЕ ВЕСТИ; НАЈНОВИЈЕ;
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НАШИМ ЧИТАОЦИМА; ОПШТИНА; Нов швајцарски устав; ЈАВНА ЛАЖ; ИЗ НАРОДА; Како стоимо с летином? Са Тимока; Политички прегдед; ОГЛАСИ; ОБЈАВА; ЧИТАЈ; ОБЈАВА; ОБЈАВА!;
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Since the outbreak of the Syrian Civil War in the spring of 2011, the number of Syrian nationals seeking refuge within the borders of Turkey has surged, and the recent intensified threat of the Islamic State of Iraq and Syria (ISIS) has only caused the number of Syrians fleeing to Turkey for safety to rise further. Today, Turkey hosts more Syrians than any other country in the world; according to official United Nations Refugee Association (UNHCR) registration statistics as of April 10, 2015, there are 1,758,092 registered Syrians in Turkey (UNHCR 2015) although estimates among academics, representatives from non-governmental organizations (NGOs) and others predict the actual number of Syrians in the country as closer to 2.5 million. However, the legal status of Syrians in Turkey is unique. Not legally recognized as refugees due to Turkey’s historic and current migration policies, Syrians in Turkey are considered as ‘guests’ in the country and remain here under the legal status of temporary protection. Although this status provides for many basic rights - including shelter, food, education, medical support and the possibility of employment - Syrians often remain uninformed of and unable to access their rights-based provisions. Additionally, as the governmental and societal discourse of ‘guests’ suggests, Syrians are expected to be ‘hosted’ by the Turkish government and society and subsequently return home. Although governmental policy and many Turkish humanitarian aid-based NGOs continue to convey this discourse of Syrians as ‘guests’ under temporary protection, Turkish society is becoming tense - the Syrian ‘guests’ have overstayed their welcome.
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O datumu kraja Jugoslavije može se raspravljati. Mnogo je svojevrsnih prekretnica indikativnih za taj raspad. U stvari, mnogo je činjenica koje se mogu objasniti samo dugotrajnim procesima. Na primer, slovenačko zalaganje za minimum zajedničkih funkcija federacije i srpsko nastojanje da se ostvari Jugoslavija sa što manje decentralizacije, dugotrajna su nastojanja (vidljiva još 1962. na sednici politbiroa SKJ). Ali su ona 80-ih godina dospela u širu javnost delatnošću etničkih preduzetnika, različitih političkih mutivoda koji su pecali u jugoslovenskoj krizi. Među njima je bilo raznih primeraka, od automehaničara sa Kosova do sveštenika iz Hercegovine.
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U ovoj, 2021. godini, navršavaju se dva jubileja od značaja za srpsko-hrvatske odnose. Prvi je stogodišnjica od usvajanja i proglašenja Vidovdanskog ustava 1921. godine (koji je imao širi značaj, ne samo u kontekstu srpsko-hrvatskih odnosa, ali je obuhvatao i njih), a drugi je trideseta godišnjica od početka ratnih sukoba u Hrvatskoj 1991. godine (pri čemu ni taj sukob nije ostao samo srpsko-hrvatski). Dva jubileja, oba ispunjena mnogim nepomirljivo suprotstavljenim stanovištima, od toga kakva je Jugoslavija trebalo da bude do toga da uopšte nije ni trebalo da je bude. Između dve okrugle godišnjice nalazi se čitava jedna istorija u kojoj su postojali kvalitativno najrazličitiji vidovi međusobne interakcije: od savršene irelevantnosti srpske odnosno hrvatske etničke identifikacije za međusobne odnose do njenog podizanja na pijedestal najvažnijeg sadržaja.
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During the Second World War, the People’s Liberation Movement (PLM) in Yugoslavia had several goals, of which the anti-fascist fight and liberation of the country stood out, as well as the building of a new democratic people’s government, i.e. a new socio-political system. In order to understand this, one must keep in mind the historical outcomes and activities of which stand out: (1) letters from the advanced Bosnian student youth of 1937, 1938 and 1939; (2) the leftist magazine „Putokazi“ from Zagreb, which was published for three years (1937, 1938 and 1939), with a total of 13 issues, edited by Skender Kulenović and Hasan Kikić, Zijo Dizdarević, Hamid Dizdar and Safet Krupić. The editor-in-chief was Šukrija Huskić and (3) the Fifth National Conference of the Communist Party of Yugoslavia in Zagreb from 19 to 23 October 1940, which paid special attention to Bosnia and Herzegovina. Understanding the anti-fascist fight of the PLM as a permanent civilizational-existential constant, in which all peoples and nationalities led by the PLM took part, the authors focus on building a new people’s democratic government. At the same time, they emphasize that the center of the PLM was in BiH, especially in Bosnian Krajina, where historical key events were held (two sessions of the National Anti-Fascist Council of People’s Liberation of Bosnia and Herzegovina - ZAVNOBiH in 1943 - in Mrkonjić Grad and 1944 in Sanski Most and two sessions of the Anti-Fascist Council of the People’s Liberation of Yugoslavia - AVNOJ - in 1942 in Bihać and in 1943 in Jajce). Thus, the development of the PLM and the building of new government in BiH were directly correlated. Eminent scientists (such as academician Enver Redžić) asses that these historical events happened under the pressure of successful development of the PLM and that they would have happened without the instructions of the PLM leadership, which does not question their role at all.
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During socialist Yugoslavia, in Bosnian-Herzegovinian historiography, the emancipation of women was associated with her participation in the People’s Liberation Struggle. From 1942, when the organization of the Anti-Fascist Women’s Front of Yugoslavia was formally established, until 1953, when it was abolished at the Fourth Congress, this mass organization was more or less, and even under the full influence of the Communist Party of Yugoslavia, depending on political circumstances. Although this women’s organization was publicly thanked for its successful work, with the constant remark that more women and better results are expected, prominent women members, as well as women fighters and women members of the Party did not participate in the highest emerging government institution during the war, as well as postwar period. The promises of the revolutionary government during the war time were fulfilled immediately after the war by constitutional and legal solutions. Women in socialist Yugoslavia received active and passive voting rights, equal pay with men for equal work, equality in family and inheritance law, the right to divorce, the right to share marital property, the right to protection of illegitimate children, paid maternity leave, the right to guardianship, etc., with tendency to expend legislation in favor of women. However, equality between women and men was more based on legislation and less on a fundamental change in female-male relations in everyday life because it was difficult to change the stereotype of the women as a caring mother, hardworking housewife and exemplary worker – so women did not have much time to socio-political activities. In addition, women were not brave enough to get rid of the imposed restrictions.
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ZAVNOBiH is an expression of the desire of the people of Bosnia and Herzegovina to live in freedom, as their own, in a community in which decisions about their lives will not be made by other but by themselves only. And that is exactly why ZAVNOBiH could have been the instigator of both the nationwide gathering under the same flag and the nationwide enthusiasm, both in the whirlwinds of the National Liberation War and after it. Actually, with the third session, ZAVNOBiH ended its life by transferring its competencies to peacetime government institutions. However, the spirit of enthusiasm it produced did not diminish in these institutions either, at least for the first twenty or so post-war years. In support of this, after all, there are the statistics - the achieved rates of economic growth, according to which Yugoslavia, and with it Bosnia and Herzegovina, of course, was at the very top of the world, then the achieved rates of employment, trends in gross domestic product, achievements in education and health and many other indicators. Have the people of Bosnia and Herzegovina forgotten the values on the wings of which the war-torn country of the 1940s and 1950s was rebuilt, from which youth work actions were fed, which radiated love instead of hatred? On an emotional level, I’m not ready to believe that. In reality, however, it is possible to mark the details that most seriously warn - not only today but all the years of Bosnia and Herzegovina’s social and political transition.
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In constitutional democracies, constitutional courts are established in order to support the establishment and maintenance of democratic regimes, being devised as a last resort mechanism to protect both human rights and the integrity of constitutions. The leitmotiv behind the establishment of the constitutional courts in Austria and what was then known as Czechoslovakia, in the period between the World Wars, has traditionally been explained in this manner. According to Tushnet, many countries have established ‘[…] specialized constitutional courts on the German model, rejecting the older U.S. system of having the nation’s highest court for ordinary law also serve as the highest court for constitutional law’. Tushent argues that until the late twentieth century there were two ideas about the means of policy control that are arguably inconsistent with the constitution’s limits. The first ‘…was parliamentary supremacy which allowed for democratic self-governance surrounded by some institutional constraints on power-holders and many more normative ones. The second was judicial review, that is, the creation of a separate institution, removed from the direct influence of politics and staffed by independent judges charged with the job of ensuring that the legislature remained within constitutional bounds’. Constitutional courts, through the jurisdiction entrusted to them, have had direct impact upon the consolidation of newly-established democracies around the world. Vanberg notes that the constitutional review has become an inherent part of the constitutional democracies in many western states. While operating at the heart of politics, constitutional courts continuously face challenges that directly impact their work, including their independence. Boulanger, for example, argues that ‘…judges have to consider the political effects of their actions, they have to strategically choose opponents and allies, and this will in turn have an influence on their decisions. Starting from a rational choice approach, we can predict that no court will decide cases with complete disregard for daily politics.’ In that context, it could be reckoned that the final outcomes may be determined by both ideological and political motives. In light of this, Waluchow did not reject the possibility that the judicial review sporadically assists in confirming political decisions ‘…by judges pursuing, consciously or not, their preferred political agendas’. In this paper, however, we analyse whether and, if yes, how, the Constitutional Court of Kosovo has influenced and guarded the essentials of the nascent democracy. While we strive to assess the Constitutional Court’s role in the democratic transition of Kosovo, various external factors, such as political influence and the legitimacy of the Court, will necessarily be part of the equation. The first section of this paper briefly reviews the role of constitutional courts in transitional democracies, and identifies the common denominators which explain their endeavours to influence democratic developments. The second section focuses on the jurisdiction, functioning and organisation of the Court, and its relationship with public opinion. The third section analyses internationalised constitutionalism and its impact on the legitimacy and integrity of the Court in Kosovo. The fourth and fifth sections assess specific indicators, including the perceived level of confidence in the Court by political actors and the public at large, the role of international actors, and the perceived outside pressure on judges, doing so through analyses of the most notable cases and their impact upon societal and political life in the country. The final section provides a brief conclusion.
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As a historian, Franjo Tuđman arrived to important conclusions about the relations between Croats and Serbs and the internal and external causes of the situation and the crisis in the country that was ultimately going to cause its breakdown in his research of the Kingdom of Serbs, Croats and Slovenes/ Yugoslavia in the period between 1918 and 1941, and in his research of Croatia’s position therein. Analyzing archive sources and other materials, along with relevant literature, Tuđman looked into the organization and the actions of the repressive system of monarchist Yugoslavia’s regime in Croatian territory and their dealings with the Croatian people. He recognized the basic elements of Serbian hegemony in the Kingdom of Serbs, Croats and Slovenes/ Yugoslavia, the Vidovdan centralist regime and the struggle to preserve it at all costs, proving that it would all have been impossible without the principal exponents – the king, the army, the gendarmerie, the police, the state administration, the judiciary, the government, and the political parties. Tuđman proved how King Alexander Karađorđević, supported by his loyal army and gendarmerie, established himself as the top authority in the country since the very beginning in 1918, and how Serbian political and ruling elite gathered around his court and him personally. The constitution gave him authority over the parliament, which he made full use of in the practice, and the parliament held a subordinate role for the entire time. This role of the king and his courtiers would remain unchanged until the end of monarchist Yugoslavia. The army with the king at its helm was, in Tuđman’s opinion, the second most important factor. From the very beginning the army had been built as the principal instrument of Great-Serbian hegemonist and counter-national politics and of Serbian hegemony, fully living up to the role in reality, preserving the monarchy and its centralist and hegemonist system, and serving as an active factor of the state politics until its breakdown in 1941. The army was a tool in the hands of the court that was used as counterweight to parliamentalism and the strivings of political parties to run state politics. Considering the significance of the army for the ruling structure, the expenditures for the army remained at a very high level continually, often having a considerable negative impact on the development of the economy in non-Serbian territories.
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The paper deals with the criminal law education at the turn of the 19th and 20th century. It focuses on person of professor František Štorch, teaching criminal law at the Czech Law Faculty of Karl-Ferdinand University in Prague at that time. It pays its attention to the form of the then used learning tools as well as to the integration of crimes against the state into the system of criminal law back then.
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The year 2020 marked the 20th anniversary of the Palermo Convention and its Protocols, the main instruments in the fight against transnational crime. Both authors, one as an active participant in the Palermo system treaty-making and the other as a prosecutor passionate about human rights, revisit, rethink and sum up the first 20-year period after the creation of these important international instruments on organized crime and corruption. The following lines are a brief assessment of the central institutions and instruments relevant to universal criminal justice. A due reference is made to corruption, trafficking in human beings, migrant smuggling, and terrorism. The present text appeared in 1999 for the first time (in a considerably shorter form, as the working paper dealing only with the critical similarities and differences between ‘smuggling of’ and ‘trafficking in’) before the ICMPD Steering Board – Ministerial.
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