Search results for "CONSTITUTION"

Finansowanie Kościoła katolickiego w Polsce w świetle art. 22 i 27 konkordatu oraz prac komisji konkordatowych - perspektywa zmian

2014

Informal Constitutional Changes in Romania

2015

Constitutional change has been one of the most interesting debates in the recent constitutional law scholarship. A distinction has been drawn between formal and informal constitutional changes, by using as a criterion the compliance with the requirements of the constitutional text regarding constitutional change. Usually, informal constitutional change is determined by various factors, among which the lack of clarity or the extreme rigidity of the Constitution. Constitutional Courts are among the authorities who are frequently responsible of making informal constitutional changes. The present article comprises a brief introduction on the differences between formal and informal constitutiona…

Encyclopedia of the Philosophy of Law and Social Philosophy

2021

In 1830, Belgian Catholics and Liberals had together adopted a constitution that declared the separation of church and state. The constitutional efforts of the Catholics in Belgium, Ireland, and Poland helped convince Hugues Felicite Lamennais (1782-1854) to give up his traditionalist demands in favor of liberal and democratic ones, which he defended in the journal L’Avenir (1830/31). Lamennais can be credited with being the first theorist to draw up a body of principles justifying from a Christian perspective a constitutional order that includes basic liberal rights and the separation of church and state.

Overcoming married women’s incapacity under The Spanish Civil code

2018

La mujer ha sido marginada por el derecho civil español desde la redacción original del Código Civil de 1889, mediante sus diversas disposiciones discriminatorias, sustentadas en la protección de la mujer, equiparada con una persona incapacitada. El Código Civil español experimentó un largo y difícil recorrido, lleno de sucesivas reformas que contribuyeron a un ascenso satisfactorio de la mujer en el derecho civil. El presente artículo se enfoca en cuatro conceptos: la situación jurídica de la mujer en el siglo XIX, la igualdad de la mujer en la II República, el modelo franquista y la llegada de la democracia a España. Conjugados, todos los elementos son una herramienta para conocer en este…

Horizontal Cooperation in the Autonomous State: The Conference of Autonomous Presidents

2013

One of the most important constitutional problems in our country, and one that has not yet been solved, is precisely the territorial distribution and organisation of power. Our Constitution defined a State that could be territorially decentralised, leaving it to the Autonomy Statutes and other laws on development to give it its final shape. The State has now reached decentralisation levels that were unthinkable at the time when the Constitution was adopted. The Autonomous Communities have a consolidated institutional organisation, and they have undertaken numerous powers successfully. However, important deficiencies still exist in vertical cooperation relations—between the State and the Aut…

The Constitution of Latvia – A Bridge Between Traditions and Modernity

2019

The Latvian constitutional system is based on the principle of State continuity after the Soviet occupation, and this is reflected in the reinstatement of the 1922 Constitution (Satversme). Unlike other constitutions in the post-communist area, it is characterised as a laconic and predominantly procedural constitution. However, important amendments were introduced in 1996 and 1998, establishing the Constitutional Court and introducing a catalogue of fundamental rights. The constitutional culture has been influenced by German traditions in constitutional jurisprudence, and the adjudication of legislation on substantive grounds has been stringent. This is particularly evident in the annulment…

The Continuity of the Constitutions: The Examples of the Baltic States and Georgia

2016

In the paper I will analyze the renewal of the constitution in the Baltic States and Georgia after the collapse of the socialist system. The renewal of the old constitutions are infrequent events in the world. In the Baltic States and Georgia, the restoration of the old constitutions had symbolic and political importance, reinforcing the doctrine of state continuity and legitimizing the new constitutional order after the transformation. I also will analyze the legal force of the constitutions after the occupation of the Baltic States by the USSR. The constitutions were of particular importance for the national resistance movements, since the validity of the constitutions was grounds for exi…

Political Extremism and Rationality

2002

Political extremism is widely considered to be the product of irrational behavior. Originally published in 2002, the distinguishing feature of this collection by well-known economists and political scientists from North America, Europe and Australia is to propose a variety of explanations which all insist on the rationality of extremism. Contributors use variants of this approach to shed light on subjects such as the conditions under which democratic parties take extremist positions, the relationship between extremism and conformism, the strategies adopted by revolutionary movements, and the reasons why extremism often leads to violence. The authors identify four core issues in the study of…

El nacionalismo vasco en el marco constitucional de la II República Española (1931-1936)

2019

El presente artículo aborda el recorrido del nacionalismo vasco durante la II República Española y su adecuación al nuevo marco constitucional. En él se explora la centralidad que el PNV tuvo desde el inicio y los recelos que despertó su proyecto hegemónico en Euskadi desde las élites republicanas españolas, que lo consideraban abiertamente contrario a los valores, principios y objetivos de la Constitución de 1931 This article analyzes the life of Basque nationalism during the Second Spanish Republic and its adequation to the new constitutional framework. The author explores the centrality of the Basque Nationalist Party from the very beginning and its rejection by republican Spanish elites…

Weakening Forensic Science in Spain: From Expert Evidence to Documentary Evidence*

2012

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is ma…