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The article analyzes press freedom during the dictatorships of Salazar, Franco, and Vargas, highlighting the repression of divergent opinions and censorship of the press. It focuses on the dictatorship of Getúlio Vargas, emphasizing his fight against European dictatorships. It also mentions the protection of press freedom in the constitutions of Portugal, Spain, and Brazil, although it was not always respected. Finally, the issue of fake news and press freedom in the Brazilian Constitution of 1988 is addressed, highlighting the need for policies that promote the independence of the press. [Extracted from the article]

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Giovanni Antonio Ranza’s Italian newspaper Monitore italiano politico e letterario is an ideal case for understanding the diffusion of revolutionary ideas not as a circulation or a transfer, but as an entanglement, through which revolutionary values grow in the process of their own reinterpretation and application onto the pragmatism of cultural and political struggle. Published from January to June 1793 in Nice, this periodical was conceived as a tool to explain the developments of the French Revolution and to radicalize the Italian people. Translating many of the newest and most radical documents produced by the constitutional debates and military decrees in France, Ranza helped to shape a mature political understanding of the Italian democratic radicalism, which would bloom after the Napoleonic campaign of 1796–1797. [ABSTRACT FROM AUTHOR]

Neuroimaging technologies such as brain–computer interfaces and neurofeedback have evolved rapidly as new tools for cognitive neuroscience and as potential clinical interventions. However, along with these developments, concern has grown based on the fear of the potential misuse of neurotechnology. In October 2021, Chile became the first country to include neurorights in its Constitution. The present article is divided into two parts. In the first section, we describe the path followed by neurorights that led to its inclusion in the Chilean Constitution, and the neurotechnologies usually involved in neurorights discussions. In the second part, we discuss two potential problems of neurorights. We begin by pointing out some epistemological concerns regarding neurorights, mainly referring to the ambiguity of the concepts used in neurolegislations, the difficult relationship between neuroscience and politics and the weak reasons for urgency in legislating. We then describe the dangers of overprotective laws in medical research, based on the detrimental effect of recent legislation in Chile and the potential risk posed by neurorights to the benefits of neuroscience development. This article aims to engage with the scientific community interested in neurotechnology and neurorights in an interdisciplinary reflection of the potential consequences of neurorights. This article is part of the theme issue 'Neurofeedback: new territories and neurocognitive mechanisms of endogenous neuromodulation'. [ABSTRACT FROM AUTHOR]

The article is devoted to the international and national legal principles of the right to freedom of peaceful assembly in the context of the principles of legality and the rule of law. The main international standards of the right to freedom of peaceful assembly were identified with the help of the analysis of the main international documents in the field of human rights. The main provisions of national law guaranteeing freedom of peaceful assembly are highlighted with the help of the analysis of the provisions of the current legislation of Ukraine and some other member states of the Council of Europe. The main principles of the correlation of the principles of legality and the rule of law in the context of the right to peaceful assembly are outlined. Attention is drawn to the fact that the principle of the rule of law, by its nature, is broader and deeper than the principle of le gality. The authors came to the conclusion that currently the issue of the right to peaceful assembly is not sufficiently regulated in detail by the current legislation of Ukraine, which causes legal uncertainty and, thereby, violates the principle of the rule of law, which can lead to various unacceptable extremes. The need for detailed legislative regulation of the right to peacef ul assembly in Ukraine is indicated. Attention is drawn to the existence of both notification and permissive nature of peaceful assemblies in civilized states, including member states of the Council of Europe, while maintaining a high level of tolerance for mass gatherings, which should not be dispersed if they are peaceful. It is pointed out that the practice of the European Court of Human Rights recognizes the importance of distinguishing between «peaceful» and «non-peaceful» assemblies based on the criterion of the absence or presence of an intention to use violence by their organizers and/or participants, with the existence of a presumption of the peaceful nature of the assemblies and the need for strict justification of restrictive measures to prevent violations of people's right to peaceful assembly, etc. It was found that a promising direction for further development of this issue should be considered the understanding of the basic principles of distinguishing between peaceful and non-peaceful assemblies, as well as permissible and impermissible actions carried out by both representatives of state authorities and local governments, and participants in mass events. [ABSTRACT FROM AUTHOR]

This study aims to analyze the urgency of regulating the postponement of general elections in the Indonesian Constitution and compare it with similar provisions in the Turkish Constitution. The issues addressed include the importance of election postponement regulations, a comparative analysis between Indonesia and Turkey, and the mechanisms and requirements needed for implementation in the Indonesian Constitution. This research employs a normative legal method with a comparative law approach, examining the similarities and differences in the elements of both legal systems to provide normative prescriptions. Data were obtained from primary legal materials, such as election-related laws, and secondary legal materials, including academic literature and legal studies. The findings indicate that the Indonesian Constitution does not explicitly regulate mechanisms for postponing elections in emergency situations such as major natural disasters, war, or pandemics, which could lead to a vacancy in state offices. Conversely, Turkey has established provisions that provide legal certainty in similar circumstances. This study concludes that regulating election postponement in the Indonesian Constitution is crucial to ensuring government continuity and avoiding potential abuses of power. Such mechanisms must be accompanied by strict requirements, such as joint decisions between legislative and executive bodies and judicial oversight, to guarantee accountability and prevent misuse of authority. The implications of this study provide recommendations for policymakers to amend the Indonesian Constitution, ensuring a strong legal framework for addressing emergency situations while upholding democratic principles and the rule of law. [ABSTRACT FROM AUTHOR]

The article starts with Kant's assertions that a constitution that conforms to natural law is a Platonic Ideal, that it is the perfect thing in itself and that the pactum unionis civilis is an idea of reason. Pointing out that, like all representations, ideas must be a representation of something, the text shows how, in analyzing this point, Kant introduces the concept of object in the idea, which has important implications for the shaping of his political philosophy and doctrine of public law. The first part presents the Kantian theory of ideas, the terms in which the concept of object appears in the idea, the consequent distinction between the archetype and the ectype and how this distinction is specified in the case of practical ideas. In the second part, the text first tries to reconstruct how Kant, rejecting innatism, laboriously derives his theory of public law from the concept of property and thus from the theory of private law; then it presents what can be called the proximate origin of public law, examining what Kant calls the problematic and inevitable coexistence of human beings side by side and its normative correlate: the commandment exeundum and statu naturali. The third part endeavours to show that, given that the means of obeying this injunction, the social contract, is itself an idea of reason, hence an archetype, it follows that, as we read on the last page of the Doctrine of Right, on the ectype level, in the real life of societies, the ways out of the state of nature can be any, its maxim being "obey the authority that has power over you". [ABSTRACT FROM AUTHOR]

This historiographical essay explores the last thirty years of scholarship on the United States during the 1780s, focusing especially on international commerce, westward expansion, and debates over citizenship. It argues that, rather than taking the federal constitution as a hard break and a starting-point for the political history of the early republic, we should instead situate the 1780s as an "age of reconstitution," during which crucial dynamics and contradictions were established at both state and continental level that continued to shape the development of the early republic. Historians in the last thirty years have broadly moved away from the study of republican and liberal ideas towards the practicalities of state-formation and transnational relationship-building. The lens of citizenship, however, might help us reconsider the relationship between constructing social order in the new republic and ensuring its survival in a hostile world. [ABSTRACT FROM AUTHOR]

Act XX. of 1949, created a kind of paradoxical situation resulting Hungary losing its constitutionality at the very moment when its first chartal constitution was being drafted. The international political climate turned mild enough for a change by the 1980s. To commemorate the Revolution of 1956, the Hungarian Republic was proclaimed on 23 October 1989 and the Constitution was amended by Act XXXI of 1989. Act XXXII of 1989 established the Constitutional Court, and Act XXXIV of 1989 created the electoral system previously in force pre-dating the socialist one. The MDF won the 1990 elections but was forced to form a coalition with the FKgP and the KDNP, with a 42.7% share of seats. The Hungarian form of government is often referred to as 'chancellor democracy', following the example of the German system. Kálmán Kulcsár, Minister of Justice, and his deputy, Géza Kilényi, played a major role in the legal preparation of the regime change. Civil experts, grouped together in the Independent Lawyers Forum, assisted the constitutional reforms. [ABSTRACT FROM AUTHOR]

To understand how the judges, in general, lived the Constitution during the 19th Century, other phenomena that have been gradually forgotten by the dogmatic constitutionalists should be included, apart from the judgment of Judge Marshall of 1803 and the constitutional courts of Kelsen during the interwar period. Among them, it will be stated (a) that the ruling of 1803 was not a judgment that came out of nowhere, but one that followed a judicial career already marked by previous judgments, (b) that Kelsen did not act alone in proposing constitutional courts and (c) that the constitution was understood also as a relevant legal standard in Hispanic America throughout the 19th Century. This paper will focus on the third point but in the Colombian case. This requires considering how the constitution was lived at the time, to understand the value that the norm had in the liberal century. The forgetfulness or silencing referred to in this work is due to cultural colonialism, which affected, and continues to affect the Hispanic American legal culture. [ABSTRACT FROM AUTHOR]

This essay examines the South African legal principle of "reasonable accommodation." It posits that this principle is a way to balance and harmonize the country's various enshrined constitutional rights when these rights appear to conflict with each other when simultaneously exercised by different persons in the public realm. The essay further argues that the principle of reasonable accommodation achieves the South African constitutional value of tolerance and satisfies the state's duty to respect, protect, promote, and fulfil all the constitutional rights. It concludes that reasonable accommodation allows persons to peacefully and constructively co-exist in the public realm, despite deep differences. [ABSTRACT FROM AUTHOR]

This essay investigates and describes the political regime that dominated much of Irish political life in the twentieth century. It was marked by the rise, and eventual fall, of Fianna Fáil as the nation's government party. It charts the creation of the Fianna Fáil regime – the building of a government party to manage a state deliberately cast in its own terms – and then identifies and explores the long decade that saw the slow collapse of both. In the aftermath, the fragmentation of national political competition, and the challenges to the constitutional framework, have left a political regime bereft of the party and constitutional frames that long defined its core political moorings. [ABSTRACT FROM AUTHOR]

While its relationship with competition law remains under debate, the Digital Markets Act (DMA) concerns fundamental rights, public values, and the control of power in digital markets. In limiting the scope of the freedom to conduct a business, the DMA seeks to safeguard conflicting and colliding fundamental rights and public interests. For the DMA to gain recognition as a legitimate and future-proof governance framework for digital markets, it must be based on participatory democracy. Meaningful participation in procedures that could impact one's position is a fundamental element of a democratic legal system governed by the rule of law. Although the DMA permits some form of dialogue, participatory democracy is constrained in scope, a bilateral logic rather than a multi-stakeholder approach is employed, and much is left to the discretion of the enforcer. Using a law-oriented and constitutional approach, we elaborate on how participatory democracy, engagement, and deliberation can be enhanced. [ABSTRACT FROM AUTHOR]

The Constitutional Court, as a guardian of the Constitution, is obliged to ensure respect for the highest fundamental values, principles and guarantees of the constitutional order. The Constitutional Court exercises its concern for the highest constitutional values in a manner that, by calling upon them and interpreting them, it interprets all other constitutional norms, believing that the other constitutional provisions are a normative expression of the fundamental values and principles. The constitutional judges need to adjudicate and decide not only on the facts but also on the right in a way that, through the prism of the integrity of the highest constitutional values, principles and guarantees, prevents the consequences of the application of provisions that do not meet constitutional values. The majority of judges, in their analyses, legal opinions and arguments, decided on a selective and restrictive approach to interpreting the provisions of the Constitution, which, in my opinion, resulted in a failure to provide a comprehensive interpretation and analysis that would fully address the allegations contained in the initiative. The goal of this analysis is to contribute to clarifying the longstanding (and still present) dilemmas and controversies related to the concept, nature, characteristics, effects and consequences of the theories, manners and methods of interpreting constitutional values, principles and norms. [ABSTRACT FROM AUTHOR]

Copyright of Knowledge: International Journal is the property of Institute for Knowledge Management and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Opole Studies in Administration & Law (OSAO) / Opolskie Studia Administracyjno-Prawne (OSAP) is the property of University of Opole / Uniwersytet Opolski and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Greta Gerwig's Barbie explores the influence of childhood dream worlds and toys over adult life, and the singular importance of a toy which represents an empowered woman. But this story plays out against the backdrop of deep societal challenges. That the subject matter of the film is light does not detract from its cultural significance; it enhances its reach and thereby its influence. Constitutional change, property, dissent, inequality and revolution are not the B-plot of the film, they suffuse every scene and motivate its major characters. In this article we explore the significance of Barbie Land as a supposed embodiment of a feminist utopia and the extent to which Gerwig is confronting viewers with difficult questions about authority and just governance in the Real World. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Canada's world-renowned banking sector is well- regulated, capitalized and one of the world's most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada launched its National IP Policy followed by certain IP finance initiatives led by the Canadian Business Development Bank (BDC) in 2019. However, it is not well understood how the Canadian Constitution structures economic relations. Certain longstanding federal and provincial issues remain to be addressed if trademark-backed finance is to become part of mainstream commercial lending in Canada. This article contributes to the nascent academic interdisciplinary trademark law and finance literature. An in-depth literature review highlights the existing gaps between the Canadian federal and provincial legal frameworks that govern security interests in trademarks, and market needs. The traditional legal research methodology evaluates the impact of relevant case law, public policies and law practice, adopting finance, economic and IP rights theory perspectives. A digital shared ledger system technology law solution is proposed to enhance registration of security interests with the aim of making trademark finance in Canada more effective and efficient. This article is foundational in the sense that it paves the way for recommendations for new policies with a view to normalising trademark-backed debt finance processes in Canada. [ABSTRACT FROM AUTHOR]

Since the dawn of Independence from the British rule, Indian democracy has been on an experimenting trajectory route. Despite all the pragmatic loopholes in its claim to be one of the largest democracies in the world, it is by far a reasonably successful electoral democracy. The fundamental pillars of the government are functioning in tandem with a reasonable democratic ethos. Being a large country with a market in countless divisional and segmented diversities, the government at times tends to look shaky and irresolute. During such situations, the judiciary becomes proactive in reminding the government about its constitutional obligations. This article seeks to address the historical evolution of judicial activism in India along with the reasons that catapult the trend of activism in the Indian judiciary. It also explores the recurrent impasses between the executive and the judiciary. [ABSTRACT FROM AUTHOR]

The article clarifies the actual issues of non-application of the law by the court on the grounds of its contradiction with the Constitution of Ukraine, in particular: the historical evolution of the legislative regulation of the possibility of non-application of the norms of the law on the grounds of their contradiction with the Constitution; peculiarities of modern regulation of this issue and key problems that arise in practice; proposals for improving legislation and judicial practice. It was concluded that one of the most typical forms of direct application of the provisions of the Constitution, along with the possibility of applying the Constitution in the absence of legislative regulation, is the possibility of law enforcement contra legem, i.e. law enforcement contrary to the law due to its (law’s) inconsistency with the Constitution. The fundamental possibility of not applying a law that contradicts the Constitution of Ukraine directly follows from the idea of the supremacy of the Constitution of Ukraine, the recognition of its provisions as norms of direct effect, and, ultimately, from the principle of the rule of law. Another issue is that such an opportunity should have an adequate procedural form of its expression, as well as be organically combined with the activities of the body of constitutional jurisdiction, the specialized body of constitutional control-CCU. Historically, initially, Ukrainian legislation required a stay of proceedings in case of doubt about unconstitutionality, however, the legislation itself was contradictory and conflicting, which made such a stay almost impossible in practice. At the same time, there was an approach that in the absence of doubt, that is, when there is a clear certainty of the unconstitutionality of the application of contra legem, it is possible and no suspension of the proceedings is necessary. Such ideas were partially embodied in the 2017 reform, when courts in all types of proceedings, except for criminal ones, received an explicit opportunity not to apply the law, at the same time turning to the Supreme Court (assuming that the latter would later turn to the CCU). At the same time, there was the problem of motivating such a conclusion, the actual practice of appeals to the Supreme Court, the role of the Supreme Court itself (which sends relevant submissions very rarely). In addition, the experience of foreign countries proves the need for courts to interact with the constitutional court without intermediaries. In practice, significant concerns about the possibility of non-application of the law arise in the field of social rights. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the characteristics of the theoretical and legal foundations of the information society. The research used general scientific (systemic-structural, functional, axiological) and special research methods (formal-legal, analysis of legal texts, comparative-legal). The purpose of the article is to study the legal foundations of the information society from the standpoint of constitutional and information law. The topicality of the topic determined by the development of the information society in the context of European integration. It noted that the peculiarity of the mechanism of legal regulation in the information society is due to the influence of constitutional law. Norms of information law exert a regulatory influence on social relations in a different way: in the form of establishing legal principles, regimes, values, prohibitions and permissions. The legal foundations of the information society in Ukraine are legal norms that are important for regulating interrelated and interdependent relations in various spheres of social life, which are in a state of constant development and transformation due to the role of information and knowledge. The Constitution of Ukraine is the basis for the development of effective and efficient sectoral legal regulation of the information society. A comparison of civil and information society is given. It indicated that the unity of the civil and information society manifested in the coincidence of goals and tasks. The process of formation of a civil and information society proceeds simultaneously, which reflected in the legal foundations of these societies. The norms of the current information legislation need to clarify because they do not fully correspond to the European guidelines for the regulation of public relations in the information society. The change in the social structure of life, due to the development of the information society, requires constant improvement of legal regulation. [ABSTRACT FROM AUTHOR]

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance. [ABSTRACT FROM AUTHOR]

This study underscores that while the Namibian Constitution designates the Namibian Police Force (NamPol) as the authority responsible for preserving internal security, it acknowledges that addressing the multifaceted factors that impede the realisation of internal security requires other stakeholders' involvement. The analysis of participants' views and a thorough review of the current security landscape have shed light on the complexities and challenges faced by NamPol in its sole responsibility for maintaining internal security. Employing an exploratory qualitative approach, I conducted non-probability purposeful sampling, engaging in face-to-face and semi-structured interviews with a diverse pool of 20 participants, including police, military, correctional officers, municipal police, and personnel from legal assistance and NamRights. Thematic analysis was the chosen methodology, guided by a fundamental query: should the responsibility of preserving internal security be entrusted to the police alone or should countries consider moving beyond solitary reliance on the police?. The prevailing conditions emphasise the need for a collaborative approach to address these multifaceted challenges effectively. This is based on the limitations of the police force in addressing the root causes of insecurity, including poverty, social issues, and porous borders. While the police play a crucial role, it is evident that their capabilities are insufficient to comprehensively address these complex issues. The findings suggest that NamPol's constitutional mandate, as stipulated in Article 118 of Namibian Constitution Third Amendment Act, 2014 (Act No. 8 of 2014), should be amended to incorporate the involvement of other stakeholders in the preservation of internal security. [ABSTRACT FROM AUTHOR]

This paper aims to examine the various cultural practices that apply to widows vis à vis their constitutional rights. The Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the constitution) outlines inalienable human rights that do not prescribe their attainment requirements. This paper is part of a more extensive study conducted in the Gauteng province of South Africa. The research tools were piloted in Makapan village. The aim of this paper is to explain how cultural practices interact with constitutional rights and affect the lives of Black widows in Makapanstad village. The objective of the study is to describe the intersections in widowhood cultural practices, which are often not aligned with the constitution of South Africa. Qualitative research was used. Three widows were sampled in this paper. The research question that is addressed by this paper is the following: "What cultural processes in widowhood are still practiced by the community of Makapanstad that can be analyzed in line with the constitutional imperatives for the South African context?" The intersectionality theory was used in this study. Findings reveal that widowhood rites are gendered. Some Black cultural practices are embedded in culture and religion, and they undermine the constitution and human rights of widowed women. [ABSTRACT FROM AUTHOR]

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The article clarifies the nature of the conformal interpretation of legislation in the meaning agreed with the constitution; establishes the origins of conformal interpretation in a comparative perspective; compares the features of the implementation of conformal interpretation, which can be carried out both by the Constitutional Court of Ukraine and by courts of general jurisdiction. It is concluded that the interpretation conformal (agreed) with the Constitution is one of the forms of application of the Constitution by courts in the administration of justice. Conformal interpretation is genetically related to the embodiment in the doctrine of German law and is reflected in the idea that a law cannot be recognized as unconstitutional if there is a variant of its reading (interpretation, interpretation) agreed with the constitution. Conformal interpretation in the context of the experience of Germany is also closely related to the idea of the horizontal effect of human rights, as well as the so-called «Drittwirkung». Such an interpretation can sometimes be debatable from the point of view of judicial activism, if the interpretation option chosen is not consensual and competes with the legitimacy of the legislative branch. Unfortunately, it can also cause conflicts between different courts (for example, between the constitutional and supreme courts). After all, often it is the constitutional courts that carry out conformist interpretation. At the same time, conformist interpretation is one of the important ways to avoid gaps. In the Ukrainian version, conformist interpretation can be associated with both the practice of the Constitutional Court of Ukraine and courts of general jurisdiction. As for the Constitutional Court, the basis is Part 3 of Art. 89 of the Law "On the Constitutional Court of Ukraine" ("If the Court, considering a case on a constitutional complaint, recognized the law of Ukraine (its provisions) as being in accordance with the Constitution of Ukraine, but at the same time found that the court applied the law of Ukraine (its provisions), interpreting it in a manner that does not comply with the Constitution of Ukraine, then the Constitutional Court shall indicate this in the operative part of the decision"). However, this article has never been directly applied. It seems quite logical that conform interpretation should be carried out not only by the Constitutional Court of Ukraine, but primarily by courts of general jurisdiction. Courts of general jurisdiction have broad opportunities to apply the norms of the Constitution when deciding cases and interpreting current legislation. [ABSTRACT FROM AUTHOR]

It is indicated that an in-depth analysis of the state-building processes of a number of countries, especially the states that arose on the territory of the former Soviet Union, proves that some of them, despite the democratic principles of state and social development declared at the level of national constitutions, show tendencies or even practically implement concrete steps towards usurpation of power. At the same time, we should note that outwardly, state building (the development of the constitutional doctrine and state-building practice of these countries) takes place in general according to the ways of democratic development developed by the international community and within the framework of the provisions of the Basic Law of these countries. The article examines the legal nature of power usurpation. Attention is drawn to the fact that the crime of illegal seizure of power is increasingly occurring in the world today, especially for the states that emerged on the territory of the former Soviet Union. At the same time, the state development of these countries nominally originates in accordance to the democratic steps acceptable by the international community and within the framework of the prescriptions of their Fundamental Law. This convincingly confirms that the 21st century is characterized by the development of new forms of power usurpation, and on the example of Russia, attention is focused on such forms. It is concluded that the usurpation of power in this country is characterized by the fact that the institution of the president has lost the features of a democratically formed body of state power. The head of the state has concentrated powers oneself, which clearly indicates his attempt to appropriate the other authorities power functions, excess of powers, abuse of power, termination of constitutionally created institutions, bodies and legitimately appointed persons, violation of a whole range of legislation that regulates the status, functions, competence, forms and methods of activity of higher authorities, establishment of strict control and use of other levers of influence on the federation and its subjects authorities activities. This is accompanied by political corruption, the use of various types of bribery for government officials and civil servants, V. Putin's collusion with representatives of other governmental branches, parliamentary factions, which is disguised as political rivalry. Thus, the multifaceted nature of the usurpation of power in Russia at the constitutional level manifested itself in massive violations of the rights and freedoms of individuals established by the Fundamental Law of the country, transformation of the form of government, political regime, and state system established by the constitution. [ABSTRACT FROM AUTHOR]

The article clarifies the historical aspects and current features of the constitutional regulation of the people's legislative initiative in foreign countries; attempts to introduce a popular legislative initiative before the adoption of the Constitution of Ukraine in 1996 were analyzed; the shortcomings of the attempt to constitutionally regulate the people's legislative initiative by submitting a draft law on amendments to the Constitution of Ukraine in 2019 have been clarified, and their own proposals for further changes have been expressed. A conclusion was made regarding the existence of such types of people's initiative as: people's initiative on holding a referendum, people's legislative initiative, people's constitutional initiative, local initiative. The following features of the people's legislative initiative can be distinguished, based on the analysis of the foreign experience of the constitutionalization of the relevant institution: 1) It is an optional instrument along with traditional subjects, such as the Government, deputies, the President, etc.; 2) Constitutions indicate the minimum number of citizens (mainly voters) who have the right to the relevant popular legislative initiative; 3) Constitutions, as a rule, stipulate the implementation of a popular legislative initiative by the rules established in a special law. The popular legislative initiative is inferior in importance, for example, to such an institution of direct democracy as a referendum. At the same time, the spread of the popular legislative initiative in the world makes it a fairly traditional element of constitutional design and demonstrates respect for popular sovereignty, democracy, and human rights. In Ukraine, during the drafting of the draft Constitution, there was a rather progressive version of the people's legislative initiative, which the constitutional commission subsequently rejected. In our opinion, the caveat expressed by the CCU in its opinion No. 5-в/2019 dated November 13, 2019 is quite significant, and the number of voters' votes that must be submitted in support of the relevant draft law must be directly defined in the Constitution itself. That is why it is worth developing and submitting after the end of martial law a new draft law on amendments to the Constitution of Ukraine with the aim of normalizing the people's legislative initiative. [ABSTRACT FROM AUTHOR]

It is indicated that human rights are an important moral parameter in the organization of the activity of the economic system. Standards and rules in the field of human rights determine the basis on which economic problems should be solved, without reducing them to economic calculation only. The article analyzes the three main social security systems in the world, which are implemented in different ways, compatible with different cultures, dominant ideologies and taxing capacity. Social rights in international agreements can have legal or moral force for countries. In monistic legal systems, international treaties will automatically be incorporated into national law upon ratification, while dualistic systems require the transformation of the treaty into domestic law through legislation. The Constitution of Ukraine does not consider social security rights in the same way as civil and political rights. The right to social security imposes an obligation on the state to define and actually provide at least minimum social standards, and the right to social protection is implemented without regard to minimum needs. Terminological discussions regarding the content of the terms "social security" or "social protection" require clarification of the content of the concept used in the Constitution of Ukraine, rather than the method of its implementation. Instead of both terms, the author proposes to use the concept of "social guarantees", which directly indicates the obligation of the government to ensure a national minimum of sufficiency, below which no one is allowed to fall. The evolution of concepts is directly related to taxation. The guarantee of the right to social security determines the source of resources for their provision. In the American Convention, rights and duties are detailed. In contrast, the Universal Declaration of Human Rights is limited to indicating that everyone has duties to society. Rights and duties are interconnected, just like all human rights, which are indivisible, interdependent and interrelated. The obligation to pay tax on the basis of ability to pay and in accordance with the rule of law does not deny any rights confirmed by the Universal Declaration, and allows for the guarantee of rights to social security. [ABSTRACT FROM AUTHOR]

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom. In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state. Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people's sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law). [ABSTRACT FROM AUTHOR]

In this article, the author analyzes the relationship between the real character of the sovereign national will expressed by the Constituent Assemblies and the legitimacy of the constitutions elaborated by them. The more the constituent power and its institutional expression -- the Constituent Assembly -- reflect more fully and faithfully the sovereign will of the people, its authentic aspirations and needs for development and progress, the more expressive the constitutional identity of the respective nation will be, and the constitution voted by it will be fully legitimate and will have, through its content, the valences of a country project. Seen through these parameters, a legitimate constitution strengthens the mutual relationship of belonging between the state and the citizen. A constitution is legitimate to the extent that it is perceived by citizens as their constitution, the mirror and expression of their real aspirations for personal development, as well as political and socio-economic or cultural one. From this perspective, the author analyzes the constitutional moments completed with the adoption of some constitutions in the Republic of Moldova in the period 1924--1978 and, respectively, in Romania, in the interval 1948--1965 and concludes that the respective fundamental laws had an illegitimate character, they were undemocratic constitutions, in the sense that this term has in the European constitutional doctrine, since they did not reflect the sovereign will of the respective peoples, these being, in fact, imposed constitutions, granted by an illegitimate ruler holding power. As for the two republics, they had a common constitutional path in certain stages of the evolution of their state existence. In this context, the author shows that at academic and scientific research level, the wise reconstitution and recovery of the true, real common history of the two states is required, in order to restore and affirm a single constitutional identity. [ABSTRACT FROM AUTHOR]

Background Anthracyclines are fundamental in the chemotherapy treatment of breast cancer, but these treatments often lead to changes in physique, such as increased body fat and decreased cardiopulmonary function, alongside gastrointestinal reactions and bone marrow suppression, thereby impacting the patients' quality of life. Current studies on the ameliorative effects of exercise on these side effects yield inconsistent results, necessitating further research. Clinically, the efficacy and safety of exercise prescriptions in mitigating these chemotherapy side effects in breast cancer patients warrant further exploration. Objective This study aims to investigate the effectiveness and safety of aerobic exercise in improving the physique and quality of life of breast cancer patients during anthracycline-based chemotherapy. Methods This study is a randomized controlled trial involving 44 adult female breast cancer patients who received anthracycline-based chemotherapy at Beijing Chaoyang Sanhuan Cancer Hospital, from March 2022 to January 2023. They were randomly assigned to an exercise group (23 participants) and a control group (21 participants). The control group was informed about personalized exercise guidance after chemotherapy. The exercise group, under the supervision of rehabilitation therapists, engaged in workouts during their hospital stay and continued personalized exercise interventions at home with self-monitoring and remote supervision by researchers. Key outcome measures, including physique and quality of life, were collected before and after chemotherapy, along with the incidence and severity of gastrointestinal reactions, bone marrow suppression, and exercise-related adverse events. Covariance analysis, using pre-chemotherapy data as covariates, compared the physique and quality of life between the two groups. Results Four participants were lost during the intervention and follow-up, leaving 40 participants (21 in the exercise group, 19 in the control group). No severe adverse events were observed during the exercise intervention. The average compliance with the exercise intervention was 81.8%; average compliance per exercise session was 91.9%, and average compliance with exercise intensity was 92.5%. Post-chemotherapy, the exercise group showed lower body fat weight, body fat percentage, visceral fat area, waist circumference, waist-to-hip ratio, and significantly higher grip strength of the dominant hand and relative peak oxygen uptake (VO2peak) compared to the control group (P

The dominance of the Muslim population in Islamic countries and the institution of Islam as the central foundation of people's lives has always led to the integration of religion with the management of jurisprudence in governance. Sometimes this influence is so strong that it can even be identified in the deeper layers of the legal system. Although in countries like Malaysia and Egypt efforts have been made to consider a minimal role for religion in governance, a thorough examination of the subject will reveal the positive effects of religion in their constitutional legal systems. This research aims to answer the question of how the condition of 'belief and practical commitment to Islam' is considered in holding governmental positions in Malaysia and Egypt, given the emphasis of their constitutions on the necessity of attention to Islam. According to the hypothesis of this study, religion acts as an identity-forming element in many layers of the legal system in the constitutional frameworks of Malaysia and Egypt. However, the governance perceptions in these two countries sometimes diminish the role of religion in many areas based on the separation of religion from politics, thus the condition of 'belief and practical commitment to Islam' in holding governmental positions has not been sufficiently adhered to as one of the jurisprudential requirements. This descriptive-analytical research has produced a novel perspective on the constitutional laws of the studied countries, as these Islamic countries, despite sharing a common core of Islamic thought, exhibit significant differences in the extent of its application at the higher levels of political structure, fundamental norms, and constitutional adjudication.

The article presents the transformation of the concept of ethnicity, which is evident in many countries across the world in the context of changing world order. The author demonstrates the tendency to accept poly ethnicity and multiple faces in modern states, including the BRICS countries. Also, the author examines various approaches to defining ethnicity that exist both in legal science and in other social sciences. Using the example of the BRICS countries, it is shown that the legal recognition of ethnic identity, language and cultural differences occurs at the level of national constitutions since these categories are essential for recognition and awareness of each citizen and each national society in existing multinational states. The author proves that the formation of constitutional and legal norms taking into account the essence of ethnicity will contribute to the sustainable development of multinational states.

Sustainable Development Goal 11 (SDG 11) focuses on making cities and human settlements inclusive, safe, resilient, and sustainable. Although the goal primarily addresses urban development, its principles also extend to rural areas, but the extent to which South Africa’s legal and policy frameworks empower traditional authorities to contribute to the development of their communities, particularly towards achieving SDG11, remains insufficiently explored. This study investigates how South Africa’s national legislative frameworks on traditional leadership have been applied to support the advancement of SDG 11. It examines the legal provisions within the 1996 Constitution of the Republic of South Africa, and relevant legislation to determine whether these frameworks provide a strong legal basis for promoting SDG 11 through the empowerment of traditional leadership. This study employs a desktop research methodology involving a comprehensive review of relevant laws, policies, and case law. Secondary data were gathered from case studies, journal articles, books, case laws, and credible internet sources. The findings suggest that the traditional authority system is deeply embedded within the South African Constitution, as well as legislative and policy frameworks, and has been effectively leveraged to advance SDG 11. Key insights emphasise the constitutional and legal recognition of traditional authorities and highlight the enforcement of traditional leadership roles and functions through various legal cases, and SDG 11-aligned programmes in South Africa. The areas where the role and functions of traditional leadership intersect with SDG 11 and rural development include security and safety, community participation, land management and sustainable settlements, cultural heritage and community identity, disaster management, and environmental stewardship. The empowerment of traditional leadership in South Africa has significant implications for achieving SDG 11 and rural development. These implications include enhanced local governance and service delivery, increased accountability and transparency, balanced rural-urban linkages, promotion of environmental stewardship, and the fostering of inclusive development. It also strengthens rural resilience, preserves cultural heritage, promotes sustainable resource management, and improves community engagement. However, challenges related to power dynamics, equity, and the need for policy integration and cohesion must be addressed to ensure that traditional leadership empowerment contributes effectively to sustainable development in South Africa.

Introduction. Constitutional review is the cornerstone in maintaining the constitutional order, ensuring compliance with the rule of law and protecting individual rights in the state. Differences in models of constitutional review globally highlight its complexity and uniqueness. This factor necessitates a comparative study to reveal the specific mechanisms used in different legal systems. The article examines the models, significance and features of constitutional control In Russia and a number of foreign countries, determines the nuances of their functioning, as well as issues of interaction between the elements of constitutional control models. Materials and Methods. During the comparative legal analysis, the practice of functioning of constitutional control In Russia, the USA, Germany, Austria, France, Canada and Australia was studied. The primary sources were national constitutions, legislation, as well as landmark judicial decisions in several states. Secondary sources of research are scientific literature: monographs, periodical articles and expert analytical documents. A mixed approach facilitates a thorough examination of the structure and functions of constitutional review bodies in a broader political and legal context. Analysis. The study examines various models of constitutional review, in particular, the European (centralized Kelsen model), adopted In Russia, Germany and Austria, is compared with the American model (decentralized model of constitutional control in the USA), the hybrid (mixed) systems of Canada and Australia, which have regional features and combine elements of the American and European models, as well as the French model with its quasijudicial bodies of constitutional control. The comparative analysis is carried out according to several criteria, while covering the problems faced by systems of constitutional control. Results. A comparative study reveals various paradigms of constitutional control. Their examination determines to what extent the independence of the institutions of constitutional review critically affects the effectiveness of the work of constitutional review bodies, and which models demonstrate vulnerability from political influence. The need to ensure greater autonomy for constitutional review bodies and facilitate access to constitutional mechanisms is emphasized. The multifaceted nature of constitutional review is highlighted and an opinion is expressed on the possibility of further improving the institutions of constitutional review.

In 2020 Chile began a constitution-making process that will culminate in writing a new constitution through a 155-member constitutional convention. The Chilean party system is often described as one of the most institutionalised in Latin America, so the election results of the convention's members were even more surprising. Of the 155 people elected, only 50 (32.2%) are party members, 41 (26.4%) are independents adopted as candidates by a party, 48 (30.9%) are independents outside a party, and 17 (10.9%) are representatives of indigenous peoples, all of them independents. Compared to proximate legislative elections, the number of independent candidates (ICs) and winners was substantially higher. We suggest that this increase was not only due to a political climate of growing distrust of parties but also to an electoral law that allowed ICs to form electoral apparentments with one another, thus combining their votes and increasing their chances of success, especially in low-income municipalities of the capital. [ABSTRACT FROM AUTHOR]

The JCPOA is one of the agreements where the competence of the authorities involved in it is questionable. Therefore, with this approach, the aim of the current research is to study the common chapter of the competences of the Islamic Council and the Supreme National Security Council on the issue of JCPOA by using analytical -descriptive method and using library resources. The findings of the research show that the origin of the joint powers of the Islamic Council and the Supreme National Security Council is the two special tasks of legislation and policy-making. Contrary to popular belief, the competencies of the Islamic Council are not only legislative but also a set of legislative bodies and subordinate institutions. The functions of the Islamic Council are exclusively for the three functions of legislation, supervision, and interpretation of ordinary laws. In addition to the Islamic Council, the Supreme National Security Council, which is responsible for the regulation and implementation of the national security strategy in the country, in fact, the entire mechanisms for regulation and follow-up of national security, especially Iran's peaceful nuclear program, which is one of the most important topics of Iran's foreign policy in three It is the last decade After the leadership body. The Supreme National Security Council is the highest body whose rulings are in force. That is, the approvals of the Supreme National Security Council are valid for all executive bodies of the country with the approval of the leadership and there is no need to go through.

Following the approval of the National Policy Framework and the enactment of Sections 6, 9, and 29 of the Constitution of the Republic of South Africa (Act No. 108 of 1996), each province in the country was required to create its language policy following the National Language Policy Framework. This was done to give all people residing in that province access to information as informed by Act No. 2 of 2000 as well as The Pan South African Language Board on Act No. 59 of 1995. Following those provisions, the province’s language policy solely encourages the use of the official languages spoken in Kwazulu-Natal, which are Afrikaans, English, isiXhosa, and isiZulu, while marginalizing Sesotho as one of the official languages spoken at Nquthu. The central aim of the study was to investigate the impact of this policy on Basotho speakers at Nquthu, Kwazulu-Natal–South Africa. The study used qualitative document analysis to interpret, explain, and explore issues related to the use of the current language policy at KZN on the Basotho people. The study collected documents from schools and the internet premised on language rights as its theoretical base. The findings of the study indicate that there is no support that Leneha-Tumisi Secondary School is receiving from the district as a result the Basotho residing at Nquthu are faced with the situation of opting for isiZulu as a home language for their children instead of Sesotho. It is recommended that all stakeholders play their part in supporting Basotho at Nquthu.

Expressing loyalty to the Constitution, especially its immutable and key principles, is a public commitment. However, this commitment is more sensitively addressed for individuals who are government officials, depending on their level and position within the governance structure. For this reason, one of the general conditions stated in the regulations governing the employment and entry of individuals into government agencies and sensitive positions, including membership in the Islamic Consultative Assembly, is loyalty to the Constitution and its most fundamental principle, namely the absolute guardianship of the jurist. In this context, Clause 4 of Article 28 of the Election Law of the Islamic Consultative Assembly, enacted in 1999 with subsequent amendments, stipulates that one of the conditions for candidates for representation is "expressing loyalty to the Constitution and the progressive principle of the guardianship of the jurist." The main question of this article is how this condition is established. The answer to this question, derived through a descriptive-analytical method and preliminary examination of the concept of loyalty and the basis of this condition, is that loyalty to the Constitution is among the natural rights of governance and is a commitment of the nation, especially in the capacity of government officials. It is expressed both verbally and practically, and it has degrees that must be established through common knowledge (ordinary knowledge or confident suspicion).

Legal traditions and values are an important area of constitutional and legal studies. They affect legislation, law enforcement, and provision of human rights. This study explores the role and significance of legal traditions and values in constitutional legal systems. The author analyzed historical, social, and cultural foundations of their development, as well as their impact on legal norms and institutions, especially on constitutional principles and norms. The article offers an improved definition of the concepts of legal tradition and legal value based on a comprehensive review of scientific publications. The review made it possible to trace the evolution of legal traditions and values in the history of legal systems. The results revealed the role of legal traditions and values in ensuring social justice, legality, and sustainability. However, the effect of legal traditions and values on the governmental legal systems requires further research. This article may offer some useful insight to constitutional law researchers and practitioners who are interested in the relationship between legal traditions and values and constitutional processes. It emphasizes the importance of maintaining the balance between the preservation of legal traditions and the need to adapt to new social and cultural conditions.