Suchergebnisse

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

"In this work, one of Latin America's most renowned legal philosophers conducts a comprehensive survey of the ancient Greek understanding of the law, drawing on texts by poets (Hesiod), philosophers (Anaximander), playwrights (Aeschylus and Sophocles), and historians (Herodotus and Thucydides). The book ends with a finely detailed analysis of the relationship between language and reality in Aristotle, and the emergence of the notion of the system and its subsequent introduction into Roman law. The author's in-depth study of all these aspects makes this volume an essential reference for philosophers, jurists, and historians"--

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

In international relations, international security combines that set of international relations that ensures global stability. In other words, international security is a state in which states are not threatened by war or by any breach of their sovereignty or independent development by other states. In accordance with the UN Charter, the Security Council currently has the main task of ensuring world peace, also having the sole right to impose sanctions against aggressors. The idea of international security, its realization in practice is determined by historical, economic, political, social conditions, as well as other factors. The problem of international security arose with the formation of the state institution, being always close to the problem of war and peace. Over time, there has been a change in the ability to analyze and report security issues. Along with these, both the policies and the security strategies of contemporary societies have undergone a process of metamorphosis.

Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities

The phenomenon we have tried to approximate in our work is that of Romanian inter-war spirituality. The "protagonists" of this research belonged to the so-called "young generation" or "generation 27", that is "The Criterion group": Mircea Eliade, Emil Cioran, Constantin Noica, Mircea Vulcanescu, as well as other two representatives of a different generation: Nae Ionescu and Nichifor Crainic.
The first chapter, entitled "Steps and traps in the perception of Romanian inter-war spirituality" stipulates the topic of our research. The novelty of the approach lies in our desire of deciphering the way in which these persons had perceived themselves and their role in what we are going to refer to as the great inter-war experiment. We intend to regard reality as the sum of various images, arising from different layers of perception, coming from the respective personalities, their critics and exegetes. These images overlap to an extent that does not justify the metaphor of a "mirror broken into pieces" and reconstructed; they merely form a sort of kaleidoscope whose images are recomposed in ever changing pictures every time the object one looks through revolves. In the same time, we make a starting point in an idea suggested by social psychology, which leads to our belief that the way in which the protagonists under discussion perceived themselves was defined by their representations on the events of the time, a sort of intellectual projection of collective consciousness.
We made clear some terms such as "post-event perception": the type of cognitive reflection upon a cultural background that occurs under the circumstances imposed to the subject, situated at considerable distance in time, capable of placing him in a favorable position – as the absence of subjectivism cannot contaminate direct, synchronic perception of events; possible reiteration of the moment achieved by means of reading, an experiment possessing the supplementary cognitive charge of an anticipatory knowledge of the denouement, as well as a series of disadvantages – such as the informational deficiencies caused by the passing of time, the reality of events being an indirect, secondary one; the contamination of hypothetical decisions and post-event judgments by the bulk and value of information on the events, as well as their subsequent evaluation, jeopardizing the accuracy of perception.
Evaluating the working hypotheses we notice that there is a considerable difference between the way in which we, who were not directly involved in the events, perceive the "epoch", and the way it was perceived by the persons whose intentions we are striving to decipher, together with the ideas and attitudes they shared, the people they came into contact with, the events they took part in or carried them along a sometimes disagreeable, often ungrateful History. Our protagonists observed that whatever culture consecrates or recovers is in possession of another type of reality. It is a relatively continuous reality; even if it becomes the subject of ever renewed evaluation, it constantly perpetuates a series of values, while history is anthropophagous, swallowing in an equally inconsiderate manner both geniuses and jesters, bringing together in its terrifying ignorance both illustrious characters and the most ordinary of all people.