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In: Studii Europene, Heft 1, S. 43-54
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.
ISSN: 1857-1999
In: Skriftserien / Juridiska Fakulteten, Stockholms Universitet 66
In: Negative
Today we are all photographers. Self-portraits are everywhere and snapshots of our lives are circulated and shared frenetically on various social media networks. Distinctions are blurred, not only between the private and public spheres but also between professional and amateur photographic practices. This calls for increased knowledge about the performative characteristics of digitised and networked visual communication. What are the limits of automation and what is the potential of virtuality? 'Auto' investigates how the everyday digital photography of our times challenges notions of autobiography, interactivity, and democracy.0
In: Studii Europene, Heft 1, S. 17-36
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.
In: Studii Europene, Heft 2, S. 16-26
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.
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In: Nijhoff eBook titles 2006
Preliminary Material /Jonas Grimheden and Rolf Ring -- Group Accommodation and the Challenges of Education: Multicultural or Intercultural or a Combination of the Two? /Asbjørn Eide -- The Importance of an Education in Human Rights /M. Arthur Diakité -- The Education of Police in Human Rights a Framework for Human Rights Programmes Forpolice /Ralph Crawshaw -- Human Rights Education in China /LI Baodong -- Human Rights Education and Research in China: the Contribution of the Raoul Wallenberg Institute /Sun Shiyan -- Human Rights Education in the Netherlands /Cees Flinterman and Stacey Nitchov -- The Protection of Civilian Educational Institutions During the Active Hostilities of International Armed Conflict in International Humanitarian Law /David a. G. Lewis -- The Self-reflective Human Rights Promoter /Jonas Grimheden -- Hugo Grotius and the Roots of Human Rights Law /Ove Bring -- Human Rights before International Criminal Courts /Vojin Dimitrijevic and Marko Milanovic -- Never Again? Rwanda and the World /Lennart Aspegren -- The Contested Notion of Freedom of Opinion /Herdís Thorgeirsdóttir -- From Protective Passports to Protected Entry Procedures? the Legacy of Raoul Wallenberg in the Contemporary Asylum Debate /Gregor Noll -- Implementing International Human Rights Law on Behalf of Asylum Seekers and Refugees: the Record of the Nordic Countries /Robin Lööf and Brian Gorlick -- The Legal Position of Asylum-seekers in Austria /Lauri Hannikainen -- Refugees in Swedish Private International Law /Michael Bogdan -- Civil Freedoms and Rights in the Swedish Constitution of 1974: the Process and the Rationale /Carl-Gustaf Andrén -- Various Interpretations of Human Rights for Women Challenges at United Nations Conferences /Elisabeth Gerle -- Implementation of International Conventions as a SocioLegal Enterprise: Examples from the Convention on the Rights of the Child /Håkan Hydén -- List of Contributors /Jonas Grimheden and Rolf Ring.
In: Statsvetenskaplig tidskrift, Band 108, Heft 3, S. 235-247
ISSN: 0039-0747
In his famous essay On Liberty, John Stuart Mill divides individual acts in two categories; acts that only harm the acting individual himself, & acts that harms other individuals. The former is called 'self-regarding acts' & the latter is called 'other-regarding acts'. There has been a long debate between famous scholars about how to interpret Mill at this point. Some argue that Mill permit that (1) only other-regarding acts could be punished, & other argue that Mill support that (2) even self-regarding acts could be punished. I argue that Mill could not hold both of the positions at the same time, & if he does he must be guilty of a severe inconsistency. The analysis shows that interpretation (3) is most reasonable. One conclusion that follows is that Mills liberalism is not "radically individualistic," it is instead a perfectionistic form of political liberalism, including both radical & communitarian ideas. Tables, References. Adapted from the source document.