Abstract
In some cases, people can waive their subjective rights, for example, by allowing law enforcement authorietes to search an apartment without a court decision. However, even when a person waives his subjective rights by giving consent to the interference with his rights, the state is still obliged to follow certain procedures. In particular, law enforcement officers must obtain a search warrant, even if the person gives consent to allow the search of the apartment without a search warrant. Is it possible to reject to entrench the basic human right in the constitution? Does it not arise, if such an opportunity exists, the need to provide for certain restrictions as in the case of the waiver of subjective constitutional rights? The first part of the article will discuss the basic human rights and the rejection of their constitutional entrenchment by referendum, the second part - the main reasons for the rejection of the constitutional entrenchment of basic human rights, and the final part - the conditions for the legitimacy of rejection of the basic human rights, and some protection measures.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
