A battle of rights: the right to education of children versus rights of minority schools

This paper focuses on the consequences of a situation having evolved from a process ongoing at both the level of the European Union and the individual national level of EU Member States, generally known as constitutionalization of private law, or as the horizontal effect of fundamental rights arising from international, European and national constitutional provisions on human rights, in the specific conditions of the Czech Republic. Czech lawmakers introduced references and even partially adopted into the text of the Civil Code fundamental/human rights, by which it bared the yet rather latent question of mutual definition and mutual relationship of fundamental constitutional rights and private law principles. Assessing this relationship and its impacts forms the core of this paper. In conclusion, the author offers a proposal for resolving systemic discrepancy of the effect of human rights in the conditions of private law.

The Second Amendment's Inferiority Complex

The convergence of constitutional fundamental rights and administrative enforcement power should pursue multiple legal values, which requires that the operation of the power therein should be more division of labor than cooperation, and that constraints and synergies should be given equal importance. The article will construct the basic constitutional rights and administrative power into the constitutional construction of the subject and the subject of the executive branch, the introduction of the evolution of the game theory to construct the constitutional construction of the subject and the subject of the executive branch of the evolution of the game model, and the design of the game model of the gain function, the replication of dynamic equations and ESS equilibrium point. The initial value of each parameter in the evolutionary game model is set, and the evolutionary stable point of administrative power is simulated by MATLAB software, and the influence of the reward and punishment allocation coefficients on the evolutionary results of the system is explored. When the system evolution stable point strategy is (0,0) and (1,1), the two sides of the game tend to the stable equilibrium state of active cooperation, strengthened regulation and strict supervision. When the reward distribution coefficient and the punishment distribution coefficient gradually increase, the two sides in the evolutionary game system tends to stabilize the point (1,1) the faster the rate will be. In the process of constructing the fundamental rights of the constitution, combining internal and external with the administrative rights list monitoring mechanism can realize the optimal restriction on the application of administrative rights and promote the orderly and stable operation of administrative power.

250Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Fundamental rights under national Constitution — Whether proceedings may be instituted before Constitutional Court alleging unconstitutionality of acts of European Community institutionsHuman rights — Procedure for enforcement — Fundamental rights under Spanish Constitution, Articles 14 to 30 — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution — Whether acts of Community institutions subject to constitutional review to establish compatibility with fundamental constitutional rights — The law of Spain

The purpose of the study was to explore impacts of free education implementation on classroom teaching strategies in Morogoro municipal council. The study was guided by three objectives which are to identify the teaching strategies which affected by the implementation of free secondary education in Morogoro municipality. To determine the challenges faced by teachers when using the identified teaching strategies during the time of implementing free secondary education in Morogoro municipality and To suggest the remedial measures to the challenges faced by teachers when employing classroom teaching strategies during the time of implementing free education in Morogoro municipality. The study employed mixed approach by integrating both quantitative and qualitative research approaches. Method of data collection such as questionnaire and interview was used to collect data. The study findings revealed that, all teaching strategies affected by the implementation of free secondary education exclude one class, two instructors teaching strategies. These results indicate that, the introduction of free secondary education resulted into deteriorated school infrastructure since some of the key stakeholders of education such as parents/communities thought it is the responsibility of the Government. This tends to affect classroom teaching strategies since school infrastructures like laboratory, library, toilet facilities, canteen, classrooms, and computers can help students to enhance their motivation on learning. Due to this, deteriorated school infrastructure might a barrier that lead to the realization of education as a fundamental constitutional right. Shortage of classrooms affects classroom teaching strategies since teaching in an overcrowded classroom can cause many problems such as stress and frustration for teachers. In case of student’s shortage of classrooms, these results into problems like truancy, noise making, medical/health problems, fighting among others. The study recommended there is need for informed infrastructure if the large classes have to be managed and taught effectively by the classroom teaching strategies. The ministry of education to consider those teaching resources so as to enable teachers to be effectively employs teaching strategies. Policy makers are called upon to mage teachers in training and or in-service training that would make effectives. The educational managers are required to increase the number of teaching staffs so as to release the current teachers from heavy workload and overclouded class so that the teaching strategies to classroom.

Disasters caused by large-scale disasters and infectious diseases have fatal consequences for human social life and health, leading to enormous social and economic losses and the creation of an unstable social environment. Despite human's constant desire for safety and the establishment of a legal and institutional safety management system, the frequency of large-scale disasters and disasters is increasing and turning human society into a dangerous society that will be processed. Without explicit grounds for security rights as a fundamental right under the Constitution, the legal system and legal contents of the state's safety protection and security are formed with safety-related sub-laws, adding to legal confusion in practice related to safety protection and security. In the process of developing into advanced countries, social safety insensitivity is still prevalent, and the industrial environment based on performanceism remains the same, and safety-related social expenses account for a significant portion of the national finance. As for safety issues, post-disaster safety management is also important, but it is essential to reduce disaster and disaster- related social costs through proactive safety management. Pre- and post-safety management related to disasters and disasters should be accompanied by introducing it as a constitutional fundamental right as an independent regulation of the right to safety and the realization of the right to safety through individual laws. It is necessary to be faithful to the pursuit of happiness and security guarantees of the people by introducing constitutional safety right, creating a safety environment through the realization of safety rightsthrough individual laws, and establishing a systematic safety management system. The protection and guarantee of constitutional safety right guarantees the people's enjoyment of fundamental constitutional right, while also practicing the obligation to guarantee safety as a fundamental right of the state. This paper presents an alternative to systematizing constitutional theory to protect and guarantee the right to safety as a fundamental right to facilitate the performance of the state's security guarantee obligations under the Constitution through research and analysis on the basis of the right to safety in our Constitution. In addition, when the constitution is revised in the future, we would like to propose a plan to embody it as a constitutional regulation when introducing the right to safety.

The American criminal justice system is often criticized as complex and inefficient, better serving the interests of criminals than the interests of justice. While the criminal process may indeed be cumbersome, the system's procedural safeguards exist to ensure the protection of defendants' fundamental constitutional rights and, instrumentally, the rights of all citizens. These rights include the right to an attorney, the right against compelled selfincrimination, the right to a jury trial, and the right to call and confront witnesses. These explicit constitutional guarantees, coupled with various procedural safeguards, form the basic framework of our adversarial system of justice. Protecting these rights warrants a certain amount of complexity and inefficiency. Initially, a criminal defendant enjoys the full panoply of these rights and protections. If he pleads not guilty, he retains all of these constitutional rights and leaves the prosecution with the burden of proving guilt. Alternatively, a defendant may choose to plead guilty, waive his constitutional rights, and thereby forgo his right to put the state to its proof.' Judgment is then entered against him, and a sentence imposed. Because defendants who explicitly plead guilty waive many of their fundamental rights, the Constitution and the Federal Rules of Criminal Procedure impose certain safeguards in such situations. As stated by the Supreme Court in Boykin v Alabama, the Constitution requires that a defendant waive his rights explicitly, and that this waiver be accompanied by evidence that his plea was knowing and voluntary.2 FRCrP 11 (Rule 11) adds a layer of procedural requirements: the judge must question the defendant personally in open court to ensure the plea is made knowingly and voluntarily, inform the defendant of his rights and the conse-

Purpose: The right to education is a fundamental right for all members of society, serving as a cornerstone for promoting population growth and facilitating equal educational opportunities without discrimination. Vietnam, a nation committed to fulfilling its international obligations, including ensuring access to education as a fundamental constitutional right, is not without its challenges. These challenges, ranging from inadequate infrastructure to social and economic disparities, present opportunities for growth and improvement. This article examines the legal framework and implementation of education access laws in the United States, with the aim of identifying strategies that can be selectively adopted to enhance Vietnam's education system. By doing so, Vietnam can create a supportive legal environment for innovation in education and training, paving the way for a brighter future. Methodology: The study involves a comparative analysis of the education systems in Vietnam and the United States, focusing on the legal provisions and practical implementations that facilitate access to education. Findings: The analysis reveals that, despite Vietnam's commitment to ensuring education as a fundamental constitutional right, the country faces challenges such as inadequate infrastructure and social and economic disparities. These challenges present opportunities for improvement through the adoption of best practices from the U.S. education system. Originality: This research provides a unique perspective by highlighting the potential for Vietnam to enhance its education system through the selective adoption of strategies from the U.S. legal and educational framework. This approach aims to create a supportive legal environment for innovation in education and training, contributing to a brighter future for Vietnam.

The guardianship action is a mechanism for the protection and guarantee of fundamental constitutional rights. Its origin is delimited by what is established in article 86 of the national constitution, and developed by Decree 2591 of 1991 and by the repeated pronouncements of the Constitutional Court that have been issued on the matter. Specifically, the constitutional court has developed a jurisprudential line related to the origin of the protection action against individuals who provide a public service, framing within this issue what is related to the origin of the protection action against banking and/or financial entities, who, by showing a degree of superiority in the contractual relationship with users, may commit abuses or make decisions that affect fundamental constitutional rights. Although there have been some pronouncements from the highest constitutional body, there is no easily understandable academic work among ordinary society that makes it possible to accurately identify when the protection action is appropriate against this type of individuals who provide a banking and financial service, for which reason It is necessary to address the subject of study, for which we will initially delimit the guardianship action conceptually, later its origin against individuals will be explained and then, based on inductive reasoning, its origin will be identified against banking and financial entities, managing to demonstrate what are the problematic situations that can generate the violation of fundamental rights and what are the most violated or thre

This article analyses the legal discourse concerning the right to a life-sustaining climate system. The subject of analysis is the discourse around selected landmark cases in which arguments were raised about the need to protect a stable climate for the sake of protecting fundamental constitutional rights threatened by the climate crisis (Juliana v United States, Urgenda v Netherlands, Neubauer v Germany, and Hawai’i Electric Light Co.). The analysis is conducted from the point of view of the legal sources (applicable legal norms, clearly recognised constitutional rights) from which this unenumerated fundamental right is derived. This analysis allows us to assume that the right to a life-sustaining climate system is understood in legal discourse as: (i) a constitutional right derived from the right to life, liberty and property as necessary for their realisation, or (ii) a constitutional right encompassed by the right to a clean and healthy environment, or even as (iii) a constitutional right that is a predicate of all constitutional rights. In the author’s view, this right can also be understood as an unexpressed item (aspect) of the right to life.

A Theory of Autonomy Entitlements: One View of the Cathedral Nave Dedicated to Constitutional Rights and Other Individual Liberties

Актуальность темы обусловлена тем вниманием, которое в настоящее время руководством страны обращается на реализацию основополагающих конституционных прав граждан России, связанных с охраной здоровья. Реализация этих прав требует не только финансового, материально-технического, кадрового обеспечения, но и научного обоснования. Статья посвящена исследованию реализации конституционного права граждан на охрану здоровья. С целью разработки социально значимых юридических механизмов приводится сравнительный анализ реализации данного конституционного права в России и зарубежных странах. Анализируется конституционно-правовое регулирование права граждан на охрану здоровья на примере таких иностранных государств, как Франция, Германия. Сравнительный анализ системы здравоохранения отражает отношение пациентов к оказанию медицинских услуг. В связи с этим приводятся сведения, полученные интервью- ированием с помощью ресурсов Интернета, осуществляемым статистической компанией Ipsos и агентством «Рейтер». Данное интервьюирование проводилось в нескольких странах с государственной программой здравоохранения. Автор анализирует, как осуществляется управление системой здравоохранения, финансирование здравоохранения в зарубежных странах. В статье анализируется национальное законодательство и соответствие его стан- дартам прав и свобод человека, закрепленных в международных правовых документах, международных договорах и признанных во всем мире. Кроме того, в статье выявляются проблемы и предлагаются пути совершенствования конституционно-правового регулирования в этой сфере. Автор делает вывод, что правовая система государства обязана обеспечивать соблюдение норм, регулирующих вопросы реализации конституционных прав человека. Конституционно-правовое регламентирование конституционного права граждан на охрану здоровья и медицинскую помощь есть особый общественный и правовой механизм The relevance of the topic is due to the attention currently paid by the country’s leadership to the implementation of the fundamental constitutional rights of Russian citizens related to health protection. The realization of these rights requires not only financial, logistical, personnel support, but also scientific justification. The article is devoted to the study of the implementation of the constitutional right of citizens to health protection. In order to develop socially important legal mechanisms, a comparative analysis is given in the implementation of this constitutional right in Russia and foreign countries. Constitutional and legal regulation of the right of citizens to health care is analyzed on the example of such foreign states as France and Germany. A comparative analysis of the health care system reflects the attitude of patients to the provision of medical services. In this regard, information from interviews using Internet resources, carried out by the statistical company Ipsos and Reuters, is provided. This interview was carried out in several countries with a public health program. The author analyzes how the health care system is managed, how health care is financed in foreign countries. The article analyzes the national legislation and its compliance with the standards of human rights and freedoms enshrined in international legal documents, international treaties and recognized throughout the world. In addition, the article examines the identification of the problem and suggests ways to improve the constitutional and legal regulation in this area. The author concludes that the legal system of the state is obliged to ensure compliance with the rules governing the implementation of constitutional human rights. The constitutional legal regulation of the constitutional right of citizens to health protection and medical care is a special social and legal mechanism

The article conducts a doctrinal analysis of the constitutional criteria for restrictions on human rights. The author asks whether the content and scope of these restrictions differ during the martial law period and during peacetime. It also questions whether the constitution allows the state to exceed its constitutional limits during an armed response to the aggressor. It is argued that the introduction of more severe limitations on human rights during martial law must be balanced with the constitutional requirement for the state to act in accordance with the constitution. Otherwise, disproportionate restrictions that nullify the core of constitutional rights could lead to state power exceeding the limits established by the constitution. The main criterion, or basis, for the doctrine of limiting state power by the constitution is the fundamental constitutional rights and freedoms. As the jurisprudence of constitutional courts shows, the core of constitutional rights that are not absolute (absolute rights are very few in modern constitutional systems—the right to dignity, the prohibition of torture, and the right to life) cannot be subject to any limitations, similar to absolute rights. A very important criterion, derived from the constitutions and practices of constitutional jurisdiction bodies of modern states, is that the state, when imposing limitations, cannot violate the essence of a constitutional right, i.e., its core, which is not subject to any legislative limitations for the purpose of constitutional protection of individual freedom and autonomy. It is asserted that the narrowing of the content and scope of existing constitutional human rights and freedoms constitutes their limitation, and limitations are permitted by the Constitution. It is concluded that the rights and freedoms listed in part two of Article 64 of the Constitution of Ukraine, and not subject to limitations, should be limited according to peacetime criteria, meaning they are not subject to extraordinary restrictions during wartime. As for other constitutional rights and freedoms not included in the list in Article 64 of the Constitution of Ukraine, stricter restrictions may be applied by the state if they pursue a legitimate goal and are justified by the need to achieve victory over the enemy.

No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22

Amicus Brief of Professors Lamparello, MacLean, and Owsley in favor of Petitioners in Whole Woman's Health v. Jackson, US Supreme Court No. 21-463