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Theoretical background --From transversal constitution ---- to transconstitutionalism between legal orders --Transconstitutionalism in a "multilevel" or multicentric world legal system --Excursus : limits and possibilities of transconstitutionalism in terms of empirical conditions, functional requirement and normative claim

European legal traditions can be characterised as a continuous balancing act of two seemingly contradictory forces: centralisation and de-centralisation. On the one hand, Justinian's Corpus iuris, the medieval ius commune of Roman and Canon law, the usus modernus pandectarum, and the current European harmonisation efforts all have a centralizing or rather an integrative quality about them. While the ius proprium, including the English Common law, and particularly the national codifications of the 19th century, as well as the study of these laws, exhibit more diverse, de-centralizing forces within European legal traditions. This volume shows how comparative legal history can be used as a tool to analyse similarities and differences between legal systems

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details of mathematical economics and criminological analysis, the essays apply different disciplinary lenses to the analysis of the actuarial turn offered in "Against Prediction" and set forth both substantive and structural challenges to the book. By means of a detailed reply to the three reviews, this essay provides a reader's companion to "Against Prediction".

This paper presents a simple framework for analyzing a hierarchical system of judicial auditing. We concentrate on (what we perceive to be) the two principal reasons that courts and/or legislatures tend to scrutinize the decisions of lower echelon actors: imprecision and ideological bias. In comparing these two reasons, we illustrate how each may yield systematically distinct auditing and reversal behaviors. While auditing for imprecision tends to bring about evenhanded review/reversal, auditing for political bias tends to be contingent on the first mover's chosen action. Examples of these tendencies can be found in a number of legal applications, including administrative law, constitutional law, and interpretive theories of jurisprudence. Our analysis also suggests that political "diversity" among initial decision makers (in addition to its other laudable goals) may be an important and generally underappreciated means for economizing on judicial administrative costs.

The Republic of Indonesia is a State Law. It is written in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945. Law as a system, play well in the community if the instrument is equipped executive powers in the field of law enforcement. Problem of this study were (1) How is the role of the military prosecutor in solving criminal cases abuse of psychotropic? (2) How does the inspection process conducted military prosecutors in solving criminal cases abuse of psychotropic drugs? (3) Are the constraints faced by military prosecutors in solving criminal cases abuse of psychotropic drugs? This study uses a socio-juridical approach, the data used are primary data obtained through interviews, and secondary data obtained by the study of documents. The collected data was analyzed qualitatively. The results can be concluded: (1) The role of trial counsel in criminal abuse of psychotropic substances are obliged to formulate opinions to Papera news event. (2) The process of examination conducted by the Military Judge Advocate in solving criminal cases abuse of psychotropic substances carried by members of the army through the following steps: a. Docket acceptance stage, b. Stage of case processing; c. Additional examination stage; litigation stage d, e. Preparation stage of the indictment; f. Submission of the case to the stage. (3) The main obstacle encountered in the proof: the test group test psychotropic costly and no forensic laboratory in the city of Padang. Keywords: Roles, Military Judge Advocate, Psychotropic, Member army.

A local government is an association of persons of public law, based on community of interests of residents of a territory determined as units of the administrative and territorial division. It is regulated and administered by organs chosen by residents on their own territory, under control of suitable government organs within the framework of authorizations determined in state law. It acts in its own name, on its own territory and on its own responsibility. It possesses assets and budget, earnings and expenses. The author of the elaboration set the task of examining of the formation and functioning of local government structures on the example of one region and the city of today's Belarus – Łuniniec. In compliance with the announcement from the previous number of our periodical, we give the forth and the last part of history of Łuniniec local government (1842–1939) to your hands. In the part legal bases concerning activities of local governments and the state of the local government in Łuniniec province in 1934-1939 were discussed. The summary of the elaboration can also be found here. ; A local government is an association of persons of public law, based on community of interests of residents of a territory determined as units of the administrative and territorial division. It is regulated and administered by organs chosen by residents on their own territory, under control of suitable government organs within the framework of authorizations determined in state law. It acts in its own name, on its own territory and on its own responsibility. It possesses assets and budget, earnings and expenses. The author of the elaboration set the task of examining of the formation and functioning of local government structures on the example of one region and the city of today's Belarus – Łuniniec. In compliance with the announcement from the previous number of our periodical, we give the forth and the last part of history of Łuniniec local government (1842–1939) to your hands. In the part legal bases concerning activities ...

Los tiempos actuales no han sido muy favorables para el ejercicio de una correcta administración de justicia, eficiente y lejana a prácticas indebidas contrarias al respeto de los derechos fundamentales. Esto puede deberse a varios factores: desde el incremento de las actividades ilícitas, tanto de la delincuencia común como de las organizaciones criminales, hasta las dificultades impuestas por el desarrollo de enfermedades a nivel mundial ( pandemia del coronavirus o covid 19 ) pasando por el no menos peligroso abuso de las fuerzas de policía y el desmedido crecimiento de estereotipos para llevar a cabo la represión. En algunos casos conocidos se destaca el lamentable apoyo de los gobiernos a políticas extremas que se orientan con tendencias autoritarias y se manifiestan en discursos de provocación y enfrentamiento– entre otros aspectos – , los cuales también tienen características populistas y pretenden la reducción de las garantías ciudadanas. Y es que tampoco podemos atribuir los excesos a regímenes vistos como de extrema derecha o de extrema izquierda porque los hay de los dos lados, con la consiguiente afectación de todo el sistema jurídico. Con pesar debemos reconocer que el llamado Poder Judicial, uno de los pilares básicos en que se sustenta el Estado de Derecho, no se encuentra a salvo de estos movimientos, cuando se observa que la administración de turno, con los poderes ejecutivo y legislativo bajo su orden, impone una cierta ideología - si es que podemos denominarla así -, pretendiendo elegir los jueces o condicionándolos para manipular sus decisiones. Se trata de advertir que no solo se perciben dificultades meramente formales – las cuales ciertamente existen -, pero no todo es producto de la inconsistencia normativa, ya que en algunas oportunidades se puede apreciar que la legislación propuesta está bien elaborada y dirigida; sin embargo después aparecen interpretaciones sesgadas y excepciones injustas para desarticular la iniciativa que entonces no va a cumplir con los fines buscados ni encontrará solución a los problemas planteados ( si no es que más bien los agravan ).

The main objective of this article is to assess the martial law situation repressive measures against the opposition of Catholic organizations, implemented by the authoritarian regime in Lithuania from 1930 to 1932. It also seeks to reveal how this repressive policy has been publicly criticized by the Catholic clergy. This study is based on the documents kept at the Lithuanian Central State Archive and published sources. Imposition of the martial law in the Republic of Lithuania (1919) changed the permanent internal legal regime, set in the Constitution, to exclusive, stricter, and setting greater limits on citizens' rights and liberties regime. At the very same time the practice of administration of justice changed. In 1920–1926 the decisions, concerning the martial law, were entered by democratically elected parliament members, following the procedures, laid down in the Constitution. Every such political step spurred hot debates between the parliamentary majority of Christian democrats, standing for greater limitation of civil rights and liberties, and their persistent though not effective opponents from the left wing, first of all social democrats. During the period of parliamentary democracy in Lithuania the Christian democrats (with their party ideology mostly based on the authority of the Catholic Church) remained the most influential political power in the country. The issue of the martial law had become the value dilemma for Lithuanian political elite, the situation where a compromise could hardly be found. The martial law limited Lithuanian citizens' possibilities to express their views in the press or public events. The permissions from the war superintendents, regional superiors were necessary for press and other printings, their making, organization of demonstrations, meetings, establishment of associations, parties. [.]

The main objective of this article is to assess the martial law situation repressive measures against the opposition of Catholic organizations, implemented by the authoritarian regime in Lithuania from 1930 to 1932. It also seeks to reveal how this repressive policy has been publicly criticized by the Catholic clergy. This study is based on the documents kept at the Lithuanian Central State Archive and published sources. Imposition of the martial law in the Republic of Lithuania (1919) changed the permanent internal legal regime, set in the Constitution, to exclusive, stricter, and setting greater limits on citizens' rights and liberties regime. At the very same time the practice of administration of justice changed. In 1920–1926 the decisions, concerning the martial law, were entered by democratically elected parliament members, following the procedures, laid down in the Constitution. Every such political step spurred hot debates between the parliamentary majority of Christian democrats, standing for greater limitation of civil rights and liberties, and their persistent though not effective opponents from the left wing, first of all social democrats. During the period of parliamentary democracy in Lithuania the Christian democrats (with their party ideology mostly based on the authority of the Catholic Church) remained the most influential political power in the country. The issue of the martial law had become the value dilemma for Lithuanian political elite, the situation where a compromise could hardly be found. The martial law limited Lithuanian citizens' possibilities to express their views in the press or public events. The permissions from the war superintendents, regional superiors were necessary for press and other printings, their making, organization of demonstrations, meetings, establishment of associations, parties. [.]

The main objective of this article is to assess the martial law situation repressive measures against the opposition of Catholic organizations, implemented by the authoritarian regime in Lithuania from 1930 to 1932. It also seeks to reveal how this repressive policy has been publicly criticized by the Catholic clergy. This study is based on the documents kept at the Lithuanian Central State Archive and published sources. Imposition of the martial law in the Republic of Lithuania (1919) changed the permanent internal legal regime, set in the Constitution, to exclusive, stricter, and setting greater limits on citizens' rights and liberties regime. At the very same time the practice of administration of justice changed. In 1920–1926 the decisions, concerning the martial law, were entered by democratically elected parliament members, following the procedures, laid down in the Constitution. Every such political step spurred hot debates between the parliamentary majority of Christian democrats, standing for greater limitation of civil rights and liberties, and their persistent though not effective opponents from the left wing, first of all social democrats. During the period of parliamentary democracy in Lithuania the Christian democrats (with their party ideology mostly based on the authority of the Catholic Church) remained the most influential political power in the country. The issue of the martial law had become the value dilemma for Lithuanian political elite, the situation where a compromise could hardly be found. The martial law limited Lithuanian citizens' possibilities to express their views in the press or public events. The permissions from the war superintendents, regional superiors were necessary for press and other printings, their making, organization of demonstrations, meetings, establishment of associations, parties. [.]