Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and ...therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors.
KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.
In our presentation, we review the procedure and method of meeting the electoral
bodies of different (mainly European) countries – in particular the issue of ensuring
the publicity and extent to ...which they can operate online. In addition, we examine
in more detail the practice and procedural method of the Hungarian electoral bodies,
in particular the National Election Commission. Based on the above, we also outline
the possibilities for the further development of Hungarian practice. Our main
findings: it is clear that although online meetings of election commissions are still
used only in several countries, but the COVID-19 epidemic has highlighted the need
to open up to the online space not only in the election process but also in the practice
of individual election bodies. The regulations of the Hungarian National Election
Commission define the rules of online meetings in great detail. This makes Hungary
one of the few EU countries where it is possible to meet by videoconference. In our
opinion, this direction will become decisive in the EU countries in the coming years.
Moreover, we do not consider it inconceivable that the entire electoral process (including remote voting) should be digitised, as is the case in Estonia. However, this still
requires many steps to be taken by individual countries to increase voter confidence in
digitisation. For now, however, we have to be satisfied with one of the positive benefits
of the COVID-19 epidemic: the ability to online meetings of election commissions.
Resumen: El artículo analiza el funcionamiento práctico de las visitas carcelarias semestrales realizadas por el poder judicial chileno desde una perspectiva socio-jurídica. Para ello, se plasman los ...resultados de un estudio empírico de una muestra de 90 actas (registros) de visita judicial a 32 penales del país de dos años: 2010 y 2016. Se comparan los resultados obtenidos con los datos aportados por los estudios realizados antes de la implementación nacional de la reforma procesal penal. La hipótesis del artículo es que la reforma procesal penal ha generado un cambio en la cultura jurídica que podría haber modificado la práctica de estas visitas. Sin embargo, este no es el caso. El análisis revela que, a pesar de los cambios sociales y legales, los jueces solo cumplen formalmente con una obligación impuesta por la ley. Las actas reflejan un reconocimiento judicial de la administrativización de la ejecución de las penas privativas de libertad, que se desentiende de someter la actividad penitenciaria a un control judicial. El artículo concluye que la visita semestral a las cárceles en un Estado Democrático de Derecho debería mejorarse y complementarse con un órgano judicial especializado con competencia en materia penitenciaria.
Sri Lanka has traditionally been known as a predominantly Buddhist country, where people belonging to Hindu, Muslim and Christian religions have co-existed, largely peacefully, for centuries. From ...time to time, opportunistic politicians and a small minority of militant religious leaders have tried to foment unrest among religious groups. The civil war that lasted for 30 years resulted in the murder of Buddhist and Muslim devotees and damage to sacred places of worship. The Easter Sunday attacks in 2021 by Muslim militants set back modest efforts underway to promote religious harmony. This article examines the causes and implications of such challenges.
The Constitutional Court Decision Number 140/PUU-VII/2009 regarding the case of judicial review of Law No. 1/PNPS/1965 about the Prevention of Abuse and/or blasphemy is very ...important for the study of the development of religious life in Indonesia, especially for the study of “Islam Nusantara”. This paper will describe ebates in the trial to assessed the extent to which the views of the majority of the people related with the norms of the Law. In addition, this paper also will be describe the Constitutional Court’s decision on the petition. After that, the authors examine the relationship between the Constitutional Court decision and the existence of “Islam Nusantara” in Indonesia. In conclusion, the Constitutional Court through Decision No. 140/ PUU-VII/2009 provided constitutional guarantees on religious practices like “Islam Nusantara”.
Analiza modernă a drepturilor și libertăților omului subliniază importanța garanțiilor drepturilor fundamentale, deoarece o declarație solemnă a libertăților nu este suficientă, altfel avem nevoie de ...eficiența acestora. Studiul garanțiilor drepturilor de proprietate privată sub aspectul științei dreptului constituțional permite să determinăm, la cel mai înalt nivel legislativ, funcțiile, rolul și locul lor în sistemul de relații, în care este pus în aplicare dreptul constituțional la proprietate privată, în modernizarea economiei, dezvoltarea societății civile, precum și a unui stat democratic. PRIVATE PROPERTY AND THE SYSTEM OF PROTECTION GUARANTEES OF THE RIGHT TO PROPERTYThe modern analysis of human rights and freedoms emphasizes the importance of guarantees of fundamental rights, a formal declaration of freedoms not being sufficient, we need to proof their effectiveness. The study of the guarantees of the private property rights from the aspect of the science of constitutional law allows us to determine their functions, role and place in the system of relations, in which the constitutional law of private property is being implemented, in the process of modernizing the economy, developing a civil society and a democratic state.
The paper analyzes the probatory`s procedural covenants, in the light of the constitutional guarantees of the process, in spanish legal system. To do this, it emphasizes the fundamental right of the ...proof, the covenants on the initiative of the proof, the means and the burden of proof, as well as the analysis of the impossibility of covenants on the proof`s valuation.
El objeto de este trabajo es analizar las sentencias del Tribunal Constitucional dictadas con motivo de los estados de alarma durante la crisis de la covid-19 y tratar de justificar que la ...Constitución española de 1978 contiene cinco garantías constitucionales en los estados de emergencia. El respeto a esas garantías ha de ser prioritario en la interpretación y aplicación de las normas reguladoras de estos. Esas cinco garantías se contienen en los arts. 55.1 y 116 CE y se traslucen en las sentencias del Tribunal Constitucional sobre los estados de alarma.
In the late 1980s, the activities of (neo)pagan groups were renewed in Estonia, Latvia, and Lithuania. Today, the (neo)pagans have taken a stable place among the new religious movements in the Baltic ...states. The social inclusion of Baltic (neo)pagans is made difficult by the state authorities, which have applied to them the same kinds of legal regulations as for unregistered “non-traditional” religious communities. Currently, (neo)pagan attempts to be included in social life come up against the state authorities’ desire to closely control religious organisations. Despite common features, differences determined by both historical and political conditions can be observed: in Latvia and Lithuania, the (neo)pagan groups maintain that they are entitled to the same legal status as “traditional denominations” or “traditional religious association”; in Estonia, (neo)pagans are involved in discussions about religious freedom, religious education, and the preservation of historical sacred sites. Even though (neo)pagan groups in the Baltics have not gained the same legal status as the Christian denominations and their social inclusion is problematic, they have not been excluded from social life, as their activities have roots in the Latvian, Lithuanian, and Estonian traditional way of life, which is valued highly nowadays. In this article, qualitative comparative analysis is used as a methodological tool, which helps to explain changes in contexts and settings of the Baltic states.
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