We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The fact that almost a quarter of a century has passed since the adoption of the Polish Constitution contributes to a reflection on its axiology. This article prompts the reinterpretation of the critical value that can be ‘decoded’ from the Basic Law. It seems that authors of the supreme law of the Republic of Poland were initially guided by slightly different ideals; however, broad case law has become a test of the timelessness and timeliness of the Constitution of 2 April 1997. From this perspective, the question of grounds for an amendment of the basic law is highly current and pertinent. However, this question seems secondary to an attempt to decode the constitutional values forming the foundation of the Polish legal system. In light of the above reflections, have the values pursued by authors of the Constitution become real, or have they just become a redundant ornament in the legal erudition devoid of any practical value? The search for answers should be embedded in an appropriate context or the will of the historical legislator. However, the author believes that the interpretation of a legal text should keep pace with the times; this is why a dynamic interpretation is extremely relevant.
More...
This article aims to present the familyꞌs legal status in light of constitutional solutions in force in selected European countries, with particular emphasis on Polish regulations. The author aims to present a wide range of regulations functioning in Europe, and at the same time, highlight the similarities and differences between individual countries. An important element of this study is the consideration of Polish legislation, which is to familiarize readers with basic information on the legal situation of Polish families and at the same time show them where the regulations in force in the Republic of Poland fit into European standards, and in which they are original. The article covers the following issues: the constitutional protection of the family, way of understanding the role of the family in society and the state, problem of the constitutional definition of the family, definition of marriage, exercise of parental authority, and legal status of children.
More...
The adoption of the agreement for the termination of intra-EU bilateral investment treaties in 2020 is a big step forward in the long saga of these investment treaties. This agreement aims to overcome every point of discord between the investment agreements and the EU legal order by terminating both intra-EU bilateral investment treaties and the pending dispute settlement procedures that arose from them. In light of the landmark 2018 Achmea judgement, the agreement asserts that the key role should be given to the Court of Justice of the European Union in this area. This is a great endeavour since almost one-fifth of the investment arbitrations worldwide came from disputes within the European Union. However, it does not seem that the agreement will have the final say since constitutional questions were raised concerning its application. In this spirit, this article briefly outlines the legal and constitutional dilemmas intra-EU bilateral investment treaties pose in the European Union. Then, it outlines the contours and major provisions of the termination agreement, especially with regard to the pending arbitration proceedings. In light of a concrete case brought before the Hungarian Constitutional Court, the article explores the constitutional dilemmas raised by the termination agreement. It highlights three major questions: the international legal aspects, the question pertaining to the European judicial dialogue, and the constitutional principle of non-retroactivity. The article takes into account the major theoretical aspects of each of these dilemmas.
More...
According to the statements made on the fifth anniversary of the Fundamental Law, the truly important question is what the chances are that the Fundamental Law will live to see its fiftieth anniversary. In this regard, the defining content is important and not the form: Will the essence that defines the nature of the Fundamental Law withstand the test of time? The identity of the Fundamental Law is determined by its commitment and not the various technical legal details. The substantive question remains the same on the tenth anniversary: Is it possible to preserve a vision of man based upon the harmony between individual freedom and responsibility for the community; and the commitment to the identity of the state and nation, the matters of the state, and marriage and the institution of family?
More...
This paper will strive to show that Christian values can be found in almost every constitution in the western world, although explicit invocations of Christian values are quite rare. There are constitutions that use invocatio dei and those that create state churches, but such constitutions represent a minority among constitutions. Croatia and Slovenia make good models for the purpose of this paper as they represent very similar and, at the same time, very different states with regard to the chosen model of state-church relations. The paper will show that, notwithstanding their different constitutional setup of state-church relations, Croatian and Slovene constitutions do not differ much with regard to the presence of Christian values in them.
More...
The article starts from the hypothesis, which it seeks to prove, that legal systems, laws and especially constitutions are not value-neutral but rather defined by values. These values may be moral, political or religious. In Europe and the Western civilisation, a significant part of these values has been shaped by the Christian religion, culture, outlook on life and behaviour. As a narrower context, the article focuses on the moral and political values of the Romanian constitution, their Christian spirit and origin, and the related theoretical and constitutional interpretations. In the analysis, the author concentrates on human dignity, the free development of the human personality, and justice as the main values, as well as the fundamental rights related to them and the principles that define the organisation of the state. The influence of Christian values, thinking and perceptions can be seen in all of these. The author analyses in particular the Christian constitutional and civil law rules governing the family and the marriage on which it is based.
More...
Since the middle of the last century, fundamental rights protection in the United States has largely been the domain of the federal government, and primarily its Supreme Court. Under the Fourteenth Amendment to the United States Constitution, which guarantees “due process of law,” the United States Supreme Court has assumed for itself the role of defining fundamental rights even if such rights are not specifically enumerated in any constitutional text and requiring all states to abide by such rights, a concept referred to as “substantive due process.” It has also “incorporated” the Bill of Rights in the federal Constitution against the state governments, even though such rights historically only bound the federal government. These doctrinal developments were likely mistakes, at least if Americans purport to be bound by the original meaning of the Fourteenth Amendment to their Constitution. “Due process of law” was not a substantive guarantee of unenumerated rights or against unreasonable legislation. In antebellum America, judicial courts did review local or municipal legislation to ensure reasonableness, but not the legislation of the states themselves except in narrow circumstances. Many American scholars believe that the “privileges or immunities” clause of the Fourteenth Amendment, instead of the due process clause, is what was intended to incorporate the Bill of Rights against the states and transfer fundamental rights protections to the federal government. This, too, is likely incorrect, as that clause was likely a guarantee merely of equality, leaving it up to the state governments otherwise to define and regulate the content of civil rights. This account, if correct, suggests that the Fourteenth Amendment, while guaranteeing the fundamental right to equality, otherwise respected the principle of subsidiarity even in the protection of fundamental rights, and provides insights for the ongoing European debate over fundamental rights protection.
More...
The English .miracle" of constitutional system is undoubtedly based and developed owing, mostly, to the constitutional conventions which are in fact cerain existing political practices of normative substance, which are more or less respected in legal and political activités in England. Opinions, however, differ while trying to explain their legal nature. In the legalistic manner legal character is being challenged to these constitutional conventions, since they do not enjoy judicial protection. On the other hand, there are opinions according to which leggaly binding character of constitutional conventions is based on determined general agreement of the constitutive factors concerning the existence of custom and the need for its implementation, which agreement is supported by the general public, too. This way of coming to conclusions is supported by the logic of things. Namely, if the basic constitutional norm on the unlimeted power of the Parliament os of a customary character, it is impossible not to recognize its legal nature, because it makes grounds of a hierarchically graded legal order.
More...
The main event in the constitutional history of Egypt was Mohamad Ali’s coming to power in 1805. The dinasty he founded obtained the right of hereditary rule in Egypt, so that the year of 1805. marks the beginning of the so called1 royal period in the egyptian constitutional history, period that lasted until 1952, when it was replaced by the republican regime. After the abolition of the absolutisme, two constitutions were passed during the existance of the egyptian monarchy. The Constitution of 1923. adopted a representative government with the bicameral system, thus introducing a parliamentary government in Egypt. The Constitution of 1930. was based on the same principles as those adopted by the Constitution of 1923. with one single exception consisting in the strengthtening of the royal power. Four constitutions were passed during the republican period. The Constitution of 1956. combined an element of the presidential government with another one, issued from the parliamentary system. The president of the republic, elected by the people, was authorized to dissolve the parliament, the fact that author considers to represent a combination of the two systems, though his opinion is that the purpose of such a combination was only to strengthen the presidential power. The Constitution of 1958. was in force during the period of the Union between Egypt and Syria. According to the terms of this Constitution the president" of the republic was not only the head of the executive power, but he was also authorized to legislate. Finally, the constitutions of 1964. and 1971, the latter being still in force, introduced a semi-presidential government, possessing certain similarities with the system actually existing in the Fifth republic m France.
More...