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This study comprehensively analyses the constitutional system of Ukraine, focusing on the Constitution as the primary document for ensuring constitutional order. It examines the legal regime implemented to maintain this order during wartime, particularly in the context of the ongoing conflict with russia. The research highlights the challenges faced by Ukraine in preserving its constitutional stability amidst external aggression and internal disruptions. Key findings indicate that the Constitution of Ukraine serves as a robust framework for governance, providing essential legal mechanisms to uphold the rule of law and protect human rights even under martial law. The study underscores the critical role of the Constitutional Court in interpreting the Constitution and maintaining judicial independence. It also discusses the balance between national security and civil liberties, emphasizing the need for proportionate restrictions on rights during emergencies. In conclusion, the research advocates for continued reforms and international cooperation to strengthen Ukraine's constitutional system, ensuring resilience and democratic integrity in times of crisis. [ABSTRACT FROM AUTHOR]

It is indicated that the construction «constitutionalism» has quite firmly entered the circulation of modern science. The term «constitutionalism» has a humanitarian etymology, but today it is also actively used in the natural sciences. At the same time, the category «constitutionalism» mainly appears in humanities, and its most intensive use is carried out in legal science. It is noted that almost every modern state has a constitution in the sense of a constitutional structure and established procedures for conducting economic, social, political, legal and other affairs. But the existence of a constitution in the state does not allow us to speculate about its constitutionality. Despite this, the constitutionality of the state is by no means exhausted by the fact that there is a basic law in it, perhaps which establishes a certain compromise of sociopolitical forces, which establishes one or another state system and competence of authorities. Constitutionality is not limited to the fact that this basic law has a real and practical supremacy over the rest of the laws and can be changed only through a special law-making procedure. These are necessary but insufficient features of constitutionalism. A state can have a constitution, but there can be no constitutionalism, and vice versa. The authors conclude that, despite all the differences between the above models of constitutionalism, there are general principles that allow us to describe constitutionalism as a legal principle, namely: 1) the supremacy of legal laws and among them the constitution as the basic law; 2) legal guarantees of a person's rights and freedoms; 3) institutional and legal organization of state power (horizontal and vertical distribution). Moreover, it is worth noting that the universality of these principles is connected precisely with the transition of Western society from a religious worldview to a rational picture of the world as early as the Renaissance and the New Age, which changes a person's perception of the state and society, with the design of a classical liberal type of civil society, the emergence autonomous personality. [ABSTRACT FROM AUTHOR]

The protection of the rights of national minorities has always been a topic of interest at the international level, but more importantly at the national level, still remaining a topical subject in the contemporary legal landscape. Made out of the need to contribute to the continuous promotion of the protection of the rights of national minorities, through the correct understanding of the legal nature and content of the rights specific to this category of persons, present work, structured in three sections, offers the opportunity to respond to concerns in the field of human rights protection, in general, and the protection of the rights of national minorities at the international level and at the level of the Romanian constitutional system, in particular. [ABSTRACT FROM AUTHOR]

This paper essentially deals with an investigation into the reforms that took place within the scope of the Judiciary, starting from a temporal cut that begins after the military dictatorship, goes through the promulgation of the Federal Constitution in 1988 and ends with Constitutional Amendment 45/2004. For this, the first chapter discussed the context of the reforms occurred in Latin America, because, during the writing, it became evident that it would be impossible to understand the pattern of legislative reforms in Brazil without studying Latin American experiences regarding the reform of the Judiciary. from the influence of certain organizations, such as the World Bank. The participation of specific actors in the changes that occurred in Brazilian legislation was also discussed, focusing on the political repercussions of the promulgation of EC 45/2004 and its impact on the performance of the Judiciary. After this contextualization, the following chapter brought a debate on the 1988 Federal Constitution and the democratization of the judiciary. Based on these questions, the objective was to make a relationship between the reforms that took place in the Brazilian Judiciary and the path taken to strengthen the constitutional justice system. The methodology of this paper was bibliographic and exploratory, using doctrines and the collection in repositories. [ABSTRACT FROM AUTHOR]

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The task of building the rule-of-law state, as proclaimed in the Constitution of the Russian Federation, remains urgent. The rule of law (the rule-of-law state) is viewed in the context of the establishment in the state of an institutional dialogue between the government and society in the law-making plane, which will ensure the development and adoption of law of proper quality, reflecting the real social interests, which means that this law will be credible. On this basis the real implementation of the idea of the rule of law in the state will be possible. The purpose of the study is to substantiate the connection between the socio-authority dialogue and the process of «enthronement» of law and order in society, the real implementation of the idea of the rule of law. Methods: historic-legal, interpretative, analytical, systemic, formal-legal, critical reflection, scientific generalizations, comparative, etc. Results: the article determines the importance of socio-authority dialogue in the law-making plane for the consolidation and implementation in practice of the idea (principle) of the rule of law during the functioning of the state law system, the implementation of the model of a democratic rule-of-law state proclaimed in the Constitution of the Russian Federation. Society, becoming a co-author of laws, changes its attitude to these laws, perceiving them as a product of joint creativity of the state and society (legal co-creation of authority and society), just as the state is aware of the value of laws adopted in this way, ensuring their implementation in public practice by democratic legal means.

In connection with the decision of the Constitutional Court Number 137/PUU-XIII/2015, this study examined the cancellation of regional regulations reviewed in Indonesia's constitutional system. The research method is normative legal research, or looking at the laws and regulations that are in effect. This study also collects legal materials using the library method, which are presented qualitatively and descriptively. This study will demonstrate the connection between the cancellation of regional regulations and the authority and position of the Minister of Home Affairs as assistant to the president in the Indonesian constitutional system. The regional regulation was scrapped because it was thought to make it harder to make investments in Indonesia. The Republic of Indonesia's central government has the authority to oversee the administration of regional governments, overseeing every regional regulation and regional head regulation. Be that as it may, after the choice of the Protected Court, the Clergyman and lead representative as delegates of the focal government never again have the position to drop a territorial guideline. In conclusion, this study reveals that the governor and the Ministry of Home Affairs can only cancel regional regulations that conflict with higher regulations, are not in line with interests, or violate moral norms in general through the process of testing regional regulations before they are enacted (executive). preview). This is different from the situation before the Constitutional Court's decision, when the Minister of Home Affairs and the Governor still held authority.

The principle of separation of powers is considered, according to the modern legal science, to be one of the main constituent elements of constitutionalism, enshrined in the basic laws of most modern states. At the same time, some researchers state the practical ineffectiveness of the principle of separation of state power, which is replaced by the dictate of certain political groups of influence, because of which, in their opinion, anarchy emerges -- instead of constitutional order. This statement seems quite controversial, considering that in the described case of ignoring the principle of separation of powers by state officials, one should not talk about the normative nature of this principle and its real existence, but only about the declarative reference to it in the text of the Constitution. The statement regarding the need to balance the branches of government (in essence, balancing the influence of one part of government on another) by means of the so-called system of "checks and balances" as "one of the main legal instruments of ensuring the separation of powers" is also considered questionable -- since the separation of state power into three or more parts is not possible without its initial unity. The purpose of this study is to deepen the understanding of the traditional approach to the doctrine of the separation of state powers, as well as features of the formation of the constitutional system of modern Ukraine in the context of clarifying possibilities for its improvement. In the course of the development of the Ukrainian state, contradictions arise, the removal of which requires presence of integrating elements of the constitutional system -- the right of public property and the will of the people in various forms of direct democracy. The formation and implementation of a unified state policy should be the basis of the unity of power, which is being ensured by the appropriate system of public power. On the other hand, the lack of unified approach during conduct of state policy is caused, among other things, by an imperfect model of the organization of public power, non-optimal separation of powers and lack of proper interaction between the structures of the state mechanism at higher levels of power and at the local level with local selfgovernment. The principle of separation of powers should be seen as the organizational principle of the exercise of unified state power in the context of specialization of public administration functions, and this exact concept that should be the basis for the implementation of state legal reforms in Ukraine. [ABSTRACT FROM AUTHOR]

The 1931 Constitution represents the constitutional legacy of Bosnia and Herzegovina, as it formally belonged to the unified South Slavic state from 1931 to 1946 (excluding the period of the Independent State of Croatia), governed by the provisions of the mentioned Constitution. Drawing from the theory of constitutional law of that period and the constitutional practices of Prussia and France, it is evident that the 1931 Constitution adopted certain solutions and constitutional practices of European states, unlike the Vidovdan Constitution. In this way, Bosnia and Herzegovina, as a territory within the former state, assimilated constitutional solutions from contemporary Europe. Before the actual proclamation of the Constitution, discussions on specific constitutional solutions took place in the legal circles of the then Yugoslavia, based on the constitutional practices of other countries. [ABSTRACT FROM AUTHOR]

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT 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.)

The article clarifies the essence of the concept of constitutional national identity. Based on the analysis of scientists' opinions and their understanding of the content of this category, a broad and narrow approach to the interpretation of constitutional identity is distinguished. In the first case, i.e. in a broad sense, we are talking about a set of certain principles, institutions and traditions that are the basis of law-making and lawenforcement activities. Under a narrow approach, it means the presence of unchanged provisions of the Basic Law. Based on the results of the analysis, it was concluded that awareness of the essence of the constitutional national identity is important when making changes and additions to the Basic Law, because the principle under study acts as a certain safeguard, acts, so to speak, as a "chain dog" (guardian), which stands in the way of attempts to distort or replace concepts in a certain way, separating those changes that are acceptable to the national legal system from those that may prove destructive to it. It is emphasized that this category is relatively new for Ukrainian constitutional law, while at the same time it is widespread in European law, primarily due to the practice of the Federal Constitutional Court of Germany. In particular, Germany's body of constitutional jurisdiction developed the doctrine of constitutional identity through the "eternity" clause. In its turn, the Constitutional Tribunal of Poland determines the identity of the Constitution of the Republic of Poland through the "undelegated powers of state authorities", which are defined by various provisions of the Basic Law. The Italian Constitutional Court understands constitutional identity through the concept of counterborders or constitutional borders. It has been established that the doctrine of constitutional identity is based on the national aspect or national self-identification of a certain political nation and state, which, of course, is of fundamental importance. The basis of the national constitutional identity is considered to be the idea of a political nation as a stable community of people that has formed historically and emerged on the basis of a common language, a single territory, economic life and mental composition, which is manifested in a common culture and state. This very aspect of the understanding of constitutional identity was recently recognized for the first time by the Constitutional Court of Ukraine, when it formulated the relevant term in the decision in the case based on the constitutional submission of 51 people's deputies of Ukraine regarding the conformity of the Constitution of Ukraine (constitutionality) with the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as a State Language" . [ABSTRACT FROM AUTHOR]

Copyright of Taiwanese Journal of Political Science is the property of NTU Press & National Taiwan University, Department of Political Science 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 Historia Constitucional is the property of Revista Historia Constitucional 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 Historia Constitucional is the property of Revista Historia Constitucional 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.)

The need for a statutory regulation is one of the absolute requirements in the life of the state. The high need for these regulations is directly proportional to the expansion of the government's work area which of course requires a series of authorities to realize the goals that have been set. The same thing also happened in Indonesia, which was formed on the foundation of a state based on law with all its characteristics by stipulating the division of authority as stipulated in the constitution, including the authority in the field of law-making. This study aims to illustrate that the authority to form laws in Indonesia has a unique characteristic but on the other hand, it is also a picture that is contrary to the general practice adopted by many legal systems in other countries. [ABSTRACT FROM AUTHOR]

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao 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.)

This paper deals with the issue of the independence of the Prosecutor's Office of the Slovak Republic as an attribute that allows the Prosecutor's Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government's political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor's Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribute of independence to the Slovak Prosecutor's Office and emphasizes the need for its legislative anchoring. Subsequently, the paper deals with the issue of external independence, which allows the public prosecution office to carry out its tasks without being influenced by various entities from the external (political) environment. In the last chapter, the paper presents the possibilities for strengthening the current degree of external independence of the Slovak Prosecutor's Office. The author considers it crucial to reconsider and redefine the current system of appointing the Prosecutor General and to remove political ties in the creation of this function. The author of the paper considers two variants of the system of selecting a suitable candidate for the Prosecutor General. First, it is possible to strengthen the existing system of self-government of prosecutors and to increase the scope of the powers of authorities of prosecutorial self-government, the current task of which is to ensure the protection of the rights and legitimate interests of prosecutors. The second possibility for strengthening the external independence of the Prosecutor's Office of the Slovak Republic could be the creation of another type of Council of Prosecutors, the composition of which would be balanced and would not represent a closed system accessible only to prosecutors. [ABSTRACT FROM AUTHOR]

The integration of European states within the European Union has been one of the basic attributes of political development in Europe since the end of World War II. Despite the ongoing process of this project, we notice a strengthening of separatist efforts within individual states. These trends have been most visible in recent years in Catalonia, which has already taken concrete political steps towards independence. In our contribution we look at the issue of Catalonia from a specific point of view, comparing it to the case of Slovakia. It has a similar historical experience with the accomplishment of emancipatory efforts in the last stage of the 20th century. Slovakia’s independence arose from the peaceful division of the original Czecho-Slovak state unit and represents a positive example for other states. Therefore, we decided to compare these two specific cases. In this context, the primary question arises from the extent to which the requirements of Catalonia are justified and whether it is possible to identify a certain parallelism with a set of internal and external factors characteristic of the creation of new states in the 1990s in Europe. Based on interviews with the direct political actors in this process in Slovakia, we have identified three key attributes that we consider to be important prerequisites in the process of fulfilling national interests in the form of a new state. Then, we compare them with the case of Catalonia. The predominant methods used in the article are those of qualitative analysis and comparison.

The Persian Constitutional Revolution, which was grounded on establishing law and public equity, is among the events that have a lot to tell about the untold aspects of its impacts on the viewpoint toward common people. This understanding can come from the memoirs of the dominant and middle class during the same period. The diary keepers’ down look at ordinary people which was recorded without any political pressure, reveals that despite Iran’s entering a new era of a system of government, little change was created in the minds of diary keepers belonged to the dominant and middle class. Therefore, ordinary people were of low social status. This issue was more particularly apparent in the value judgments in the diaries left from those of the dominant class. Ordinary people were considered as low as animals and insects. Although low look to ordinary people dates back to pre- Constitutional Revolution that was, based on grounded theory method, rooted in people’s lack of knowledge and political awareness, illiteracy, and inclination to superstitions and false beliefs, by the arrival of Constitutional System led to this low look to laymen and the division of Iran society into two groups of aware nation versus unaware one and lack of a comprehensive understanding of the concepts of Constitutional companied by the instability in the system. The results of this study showed that low-value judgments about ordinary people and considering them as low as animals were intensified by the failure of the Constitutional System. Only during the first World War, the critical view was replaced by an affection view and enhancing the sense of nationalism, and also reflecting the poor economic conditions of people. However, when Reza Khan took the seat, extremist reactions to the place and value of ordinary people and comparing them with animals can be witnessed.

The subject of the research is the legal norms of the current Constitution of the Russian Federation. The work analyzes the chapters of Constitution, identifies the main shortcomings of the existing norms that do not correspond to modern reality and puts forward proposals for their change.The purpose of the study is to confirm or disprove the hypothesis that changes to the Constitution of the Russian Federation are inevitable due to the presence of defects in it that cannot be eliminated in any other way.The methodological basis of the research is a set of general scientific methods of knowledge and special scientific techniques and methods developed in law, including: logical method, comparative legal analysis, system method and formal legal analysis.The main results and scope of their application. The problems that critically affect the stable development of our society and state and its success were formulated. Among these problems are: the absence in the Constitution of the institute of parliamentary control over the executive authorities; the rise of the institution of the President of the Russian Federation over the three branches of government; the unequal status of constituent entities of the Russian Federation; the absence in the Constitution of the concepts "public property" or "national heritage". A significant part of these problems is related to the text of the current Constitution of the Russian Federation. In this regard, the author notes that the current Constitution of the Russian Federation has many defects. The author points out 20 drawbacks of the current Constitution of Russia which make the authorities imitate the principles of democracy and people's power in the actual political practice and substantiates the conclusion on the necessity of the constitutional reform.Conclusions. Revision of the Constitution of the Russian Federation is inevitable , since the Basic Law of the country is not devoid of shortcomings that require correction and legislative changes.

Constitutional court, as a special institution of the centralised system of constitutional control, takes significant place in a modern constitutional state. The aim of this paper is to indicate the main features of Italian and Serbian constitutional courts and their role in the development of constitutional systems. The analysis will cover the scope and quality of their competences, the way on which they interpret the constitutional text and the quality of dialogue they develop with judicial and political organs. The special focus will be put on the role of the Italian Constitutional court in protection of constitutional identity which seems to have the key role in the development of the European constitutionalism today.

The integration of European states within the European Union has been one of the basic attributes of political development in Europe since the end of World War II. Despite the ongoing process of this project, we notice a strengthening of separatist efforts within individual states. These trends have been most visible in recent years in Catalonia, which has already taken concrete political steps towards independence. In our contribution we look at the issue of Catalonia from a specific point of view, comparing it to the case of Slovakia. It has a similar historical experience with the accomplishment of emancipatory efforts in the last stage of the 20th century. Slovakia’s independence arose from the peaceful division of the original Czecho-Slovak state unit and represents a positive example for other states. Therefore, we decided to compare these two specific cases. In this context, the primary question arises from the extent to which the requirements of Catalonia are justified and whether it is possible to identify a certain parallelism with a set of internal and external factors characteristic of the creation of new states in the 1990s in Europe. Based on interviews with the direct political actors in this process in Slovakia, we have identified three key attributes that we consider to be important prerequisites in the process of fulfilling national interests in the form of a new state. Then, we compare them with the case of Catalonia. The predominant methods used in the article are those of qualitative analysis and comparison. [ABSTRACT FROM AUTHOR]

The establishment of the Constitutional Court more than 100 years ago was the beginning of the "Austrian model" of judicial review and marked a new era with the implementation of a centralized system. Throughout the years, this model underwent major and minor changes and continued to evolve. A number of players and developments lead to this dynamic process. This process depended not only on the development of powers or internal influence, but also on the external influence caused by Austria's accession to the European Union and the impact on the Constitutional Court. Above all, the Constitutional Court itself, with its case law, was a major player in this dynamic transformation over the last decades. This all lead to the "Austrian model" in its current form, which has never been static and has thus become successful. [ABSTRACT FROM AUTHOR]

This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribute of independence to the Slovak Prosecutor’s Office and emphasizes the need for its legislative anchoring. Subsequently, the paper deals with the issue of external independence, which allows the public prosecution office to carry out its tasks without being influenced by various entities from the external (political) environment. In the last chapter, the paper presents the possibilities for strengthening the current degree of external independence of the Slovak Prosecutor’s Office. The author considers it crucial to reconsider and redefine the current system of appointing the Prosecutor General and to remove political ties in the creation of this function. The author of the paper considers two variants of the system of selecting a suitable candidate for the Prosecutor General. First, it is possible to strengthen the existing system of self-government of prosecutors and to increase the scope of the powers of authorities of prosecutorial self-government, the current task of which is to ensure the protection of the rights and legitimate interests of prosecutors. The second possibility for strengthening the external independence of the Prosecutor’s Office of the Slovak Republic could be the creation of another type of Council of Prosecutors, the composition of which would be balanced and would not represent a closed system accessible only to prosecutors.

This article focuses at powers of the Presidents of the Slovak Republic during the period from 1999 to 2019. Therefore, the aim is to compare how selected constitutional presidential powers were exercised after the fundamental constitutional changes in 1999. The most significant change was by introducing direct presidential elections, and adjusting the President's constitutional status. The ways how the individual Presidents holding their office within this period, exercised their powers towards the Parliament, government, and the judiciary do form the basic research questions here. Hence, whether a personal background of individual Presidents and political reality of seats distribution in the Parliament predetermined their exercise of these powers, or if there were some other rules present when they exercised their office. The findings presented in this research reflect 20 years of continuous exercise of Presidential office in the conditions of the Slovak Republic. This ultimately leads to the conclusion that the function itself, as well as its constitutional definition, has affected the exercise of Presidential powers more ultimately than the personal background of these directly elected Presidents at the beginning of their terms of office. The very first President, Mr. Michal Kováč, got into a major conflict with then Prime Minister, Vladimír Mečiar, even during the first year after taking the office. This conflict lasted nearly for fiveyears and altogether with the inability of the MPs to elect his successor led to the necessity of amending the Constitution. Presidents Rudolf Schuster, Ivan Gašparovič and Andrej Kiska gradually took their office, but only the second mentioned had managed to defend his position in an electoral competition. At present, the office of President is held by Zuzana Čaputová, who has been in the office since June 2019 - as the very first woman in this position in history of Slovakia. [ABSTRACT FROM AUTHOR]

The US political system is repeatedly subjected to significant deviations from those constitutional provisions that determine the relationship between the three branches of power. The scientists use such phrases as «Jacksonian democracy» or «Imperial presidency» to illustrate the attempts of American presidents to intervene those issues which constitutionally assigned to the other branches of power. In general, despite these deviations from legally established rules, the elites retained a general consensus on the notion of stable domestic and foreign policies. As the main threat to this stability, the possibility of organizing a revolution from above was considered. However, in November 2016 D. Trump managed to be elected under the slogan of such a revolution, becoming the first the president in the political history of the United States, which has no firm support among the elites. Undoubtedly, such a success illustrated serious problems within American society, that’s why the reasons of the conflict between D. Trump and his opponents could be found first of all in the ideological sphere. The newly elected president proposes a transformation of the fundamental basics that determined the vectors of US foreign and domestic policy in recent decades. In this case, unlike the historical precedents considered in this paper, D. Trump’s criticism goes beyond simple accusations on the pages of the mass media or in statements of the leading representatives of the American political establishment. It takes a form of an acute confrontation between the branches of power and within them. The analysis of this situation is proposed in the article, both from the point of view of political and legal sciences, which could help to make a forecast on the chances of D. Trump to become a winner in this conflict within the American political elite.

In their article 'Striking Back' and 'Clamping down': An Alternative Perspective on Judicial Review, Carol Harlow and Richard Rawlings consider the ways in which an executive may respond to judicial decisions which find against it. They organize such responses or 'tactics' into 'striking back' according to which the executive attempts to nullify the effect of the judgment, and 'clamping down' in terms of which the government attempts to prevent future adverse judgments. Harlow and Rawlings consider such tactics in the context of the United Kingdom and find that there has not been a significant change in tactics in the country's transition from a system of pure parliamentary sovereignty to one influenced by European law and the Human Rights Act 1998. In this paper I consider the practices of 'striking back' and 'clamping down', identified by Harlow and Rawlings, in the context of South Africa. I pose the question whether there has been a change of tactics in South Africa moving from a system of parliamentary sovereignty to one of constitutional supremacy. I also consider how effective these tactics have been under each system. My finding is that there has been a significant change in tactics in South Africa, as the Constitution has placed restraints on the tactics available to the government in striking back and clamping down, leading the government to resort to more extreme measures which in turn threaten South Africa's constitutional democracy. [ABSTRACT FROM AUTHOR]

Scientific and technological progress has penetrated practically into each area of social life not being limited to purchases on the Internet or cloud storage. Therefore, democracy as a concept is undergoing constant transformation under the influence of information technologies and acquires new features, forms, and qualities, such as electronic (digital) democracy. Well, what is this concept? How can society benefit from its implementation? What dangers does it pose to the State's constitutional system and how can they be prevented? This article aims at studying the essence of e-democracy as a phenomenon, at analyzing its pros and cons, and at modeling potential dangerous situations in the case of its implementation. The main dilemma brought into focus by the study of this phenomenon is a radical change of the existing traditional democratic institutions - on the one part, and preservation of the constitutional order - on the other part. So, how a balance can be found between revolutionary changes and the fundamentals of Ukraine's existence as a non-totalitarian State? In today's Ukraine, elements of the e-democracy concept are partially implemented in the form of e-governance: public registers, electronic administrative services, the possibility of submitting online petitions and appeals, and etc. A structural analysis of this concept demonstrates that the process of its implementation is possible with the following prerequisites available at the same time: 1) political maturity of the nation; 2) political will of the elite at the time of implementation; 3) technological capability. Absence of one of these conditions engenders risks to the existing constitutional system of the State. Furthermore, we can assume that the potential threats to the constitutional system are dispersion of responsibility; flippant attitude of citizens to their duties and, thus, the paralysis of operation of the State mechanism; a threat of external interference; distortion of voting results. Hypothetically, this list is not exhaustive, and so we will try to model the main possible threats to the constitutional system in the event the e-democracy concept is introduced. The concept of e-democracy involves a gradual, step-by-step implementation of its main elements: dealing with local issues through local electronic referendums, digitalization of administrative services, monitoring of operation of public authorities etc. By integrating society during electronic voting into a single system, the highest degree of legitimation of the decisions made is achieved. At the same time, transformation of the legislative process is the most difficult aspect of e-democracy which bears the lion's share of risks and threats to the constitutional system of the State. [ABSTRACT FROM AUTHOR]

Austrian countries, as well as those in the Federation of Bosnia and Herzegovina, have a relatively high degree of autonomy. Similar to Bosnia and Herzegovina, Austria is divided into several political levels. The legislative power of Austria is carried out by a federal parliament consisting of two houses: the National Council (Nationalrat) and the Federal Council (Bundesrat). Unlike the cantons in the Federation of BiH, Austrian countries did not form exclusively on the basis of ethnic differences. Every Austrian country as well as the cantons in the Federation of BiH has its own government, parliament, judiciary and police, each of them enjoying equal responsibilities and autonomy in internal affairs, regardless of size or population. Within the paper titled „Comparison of the constitutional system of Bosnia and Herzegovina and Austria", a comparative analysis of the constitutional systems of this country was made, and similarities and differences were noted. According to Article I / 3. Of the B&H Constitution, Bosnia and Herzegovina is composed of two entities. Additionally, a special unit of local self-government was formed in the territory of the two entities - Brcko District. According to Article I / 3. The Constitution of BiH, the constituent parts of the state of BiH are called entities. The text of Amendment I to the Constitution of Bosnia and Herzegovina, which regulated the position of the Brčko District, was constitutional in the Constitution. [ABSTRACT FROM AUTHOR]

Comtitutionul court, as a special institution of the centralised system of constitutional control, takes significantplace in a modem constitutional state. Tiie aim of this paper is to indicate the mainfeatures ofltalian and Serbian con-stitutional courts and their role in the development of constitutional svstems. Thе anahsis wiU. cover the SRope and quality of their competences, the way on which thev interpret the constitutional text and the quality ofdialogue tfiev develop with judicial andpolitical oigans. 77ie special focus wiR beput on the role of the Italian Constitutional court in protection of constitutional identitv which seems to have the кеу role in the development of the European constihitionalism today. [ABSTRACT FROM AUTHOR]

The Constitutional Role of the President of the Republic of Poland in the Context of Membership of the European Union The article presents a synthetic analysis of issues related to the constitutional position of the President of the Republic of Poland in constitutional and institutional order in the context of Poland’s membership in the structures of the European Union. The text mentions the basics of not only legal but also functional elements of the constitutional system. The purpose of this article is also to indicate how much the constitutional model of the executive bodies is sufficient to resolving problematic political issues when there is a particular kind of relationship between the head of state and the government administration.

Copyright of Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series is the property of Universitatea Constantin Brancusi din Targu-Jiu 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.)

The article presents a synthetic analysis of issues related to the constitutional position of the President of the Republic of Poland in constitutional and institutional order in the context of Poland's membership in the structures of the European Union. The text mentions the basics of not only legal but also functional elements of the constitutional system. The purpose of this article is also to indicate how much the constitutional model of the executive bodies is sufficient to resolving problematic political issues when there is a particular kind of relationship between the head of state and the government administration. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Shenzhen University Humanities & Social Sciences is the property of Journal of Shenzhen University (Humanities & Social Sciences) Editorial Office 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.)

The study recalls an unknown statement by Maurycy Jaroszyński from the time of the war, containing an analysis of the government of 1926-1939. This opinion is critical, and its justification shows the incompatibility of the then legal system of the state with the processes of actual governing and administration at the time. The formulated assessments are accurate and competent due to their authorship -- a professor of law and a pro-state and self-government activist. The systemic thought contained there can be considered timeless It is also valid in current conditions. It should be a contribution to a deeper reflection on the affairs of the state system and administration. [ABSTRACT FROM AUTHOR]

Copyright of Transition: Journal of Economic & Politics of Transition / Tranzicija: Časopis za Ekonomiju i Politiku Tranzicije is the property of Ekonomski Institut Tuzla 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.)

This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.

The 1945 amendment were made in the sessions of the Assembly 1999-2000 has revolutionized state system of Indonesia, including concerning the status and function of state institutions. People’s Consultative Assembly (MPR) as one of the state institutions that are still maintained until today including experiencing many changes. Among these changes are related to the position that is no longer as the highest state institution, no longer authorized to elect the President and Vice President are usually done every 5 years. MPR also no longer given the power to establish the Lines of State Policy (GBHN) and others. This paper examines and discusses the efforts to strengthen the Assembly as a state institution in the constitutional system of the Republic of Indonesia. The method used in studying it is a normative law research by using statute approach and conceptual approach. Based on the results of the research, we concluded that efforts be made to strengthen the institutional MPR in the constitutional system of the Republic of Indonesia, among others are: (1) reconstruct an understanding of the position of the Assembly in the state system of the Republic of Indonesia; (2) MPR should be entitled to request and assess the performance of state institutions; (3) MPR also should be given the authority to judge the laws issued by institutions which carry out the Constitution, whether in accordance with the Constitution; (4) The Assembly should be given the authority to make the outlines of state policy (GBHN).