Constitutional Guarantees Research Articles

ПРАКТИКА ЗАСТОСУВАННЯ СТАТТІ 214 КПК УКРАЇНИ (ТЕОРЕТИЧНІ АСПЕКТИ)

The article presents the author’s position on ways of applying law enforcement mechanisms when documenting war crimes committed by Russians at the stage of opening criminal proceedings in accordance with the provisions of Article 214 of the Criminal Procedure Code of Ukraine. Based on the author’s theoretical and legal analysis of the generalization by the Supreme Court of Ukraine of the practice of considering complaints against the decisions, actions or inaction of the pre-trial investigation bodies or the prosecutor during the pre-trial investigation, taking into account the peculiarities of the wartime period, an assessment of the initial operational and investigative actions in the case of a request for the commission of a criminal offense is presented . The article combines the procedures of criminal and civil law in the directions of restoration of the subjective right of a person violated by the criminally punishable actions of the Russian occupiers. The predominance of constitutional guarantees of the rule of law, the right to protect one's property from criminal manifestations was noted separately. Attention is drawn to the peculiarities of the collection of the evidence base, both of a material nature and of the testimonies of eyewitnesses, who in the future can testify in courts during the trial of criminal cases about crimes against property and persons. Significant interest of the scientific community in the development of the discourse on topics related not only to the full understanding of the pre-trial investigation phase as part of the integral process of restoring the violated right to own property or personal non-property rights, but also to the initial stage - the opening of criminal proceedings and the introduction of information about this crime to the Unified Register of Pretrial Investigations. Reference is made to the decisions of the higher courts of Ukraine in terms of CLARIFICATIONS of the essence of the process of documenting criminal manifestations, as well as in response to such information by equal persons of investigative units. The analyzed scientific output of the domestic scientists- processualists is subjected to the author’s critical evaluation. The expressed author’s vision of the grounds for entering information about a committed criminal offense into the Unified Register of Pretrial Investigations. Scientific approaches to understanding the essence of the constitutionally guaranteed protection of the rights of ordinary citizens and representatives of the economic sphere are presented.

Legal aspects guaranteeing implementation of constitutional environmental rights of citizens

The article researches modern legal aspects that regulate the set of environmental rights of citizens, as well as the basic principles that ensure their implementation in the practice. The essence and content of environmental law were studied, its functionality and main forms of manifestation were structured. The current domestic system of guarantees for the realization of environmental human rights is analyzed. Its methodological and practical aspects were supplemented from the standpoint of separating the institutional component from the existing forms of manifestation. The functional concept of environmental law is defined and studied from the standpoint of one of the most promising, priority and key elements of the sustainable development of society and national economies in the modern practice of the developed countries of the world. The author's approach to the formation of a system of tools for the organizational and economic mechanism for ensuring the implementation of the constitutional environmental rights of citizens is presented. The world's leading experience in the implementation of social environmental rights has been studied. It was determined that environmental priorities, rights and goals become the basic strategic dominants of the further development of society, both at the level of leading national economies and on a global scale. According to the results of research and systematization of foreign and domestic experience, priority directions for further improvement of guaranteeing the implementation of environmental rights of citizens have been determined. Among the main and most promising directions for domestic practice are recommended: taking into account the progressive world experience of developing and adopting the environmental code, using digital tools to promote the implementation of environmental programs and development projects, ensuring the guarantee of society's access to relevant information, spreading the practice of environmental auditing and drawing up environmental reporting. It was determined that raising the level of public awareness, popularizing global and national sustainable development initiatives, and raising the level of national environmental culture should be the basis of the mechanism for realizing the environmental rights of the country's population. Keywords: environmental rights, guarantees, environmental safety, constitutional guarantees, sustainable development, mechanism for ensuring the implementation of environmental rights.

Constitutional Guarantee of Citizens' Right to Education — from the Perspective of the State's Protection Obligation

Education is the foundation of a country, and the cultivation of talents decides the future of a country. Therefore, the right to education is not only directly stipulated in the chapter on The Basic Rights and Obligations of Citizens. Besides, the General Outline made it clear of the national obligations and education was given special protection. The state's protection obligation plays an irreplaceable role in protecting the objective value order, which has become an important means to protect the right to education from illegal infringement. It is a systematic project to realize the obligation of our nation in protection of citizens' right to education, which can be achieved with the cooperation of legislative, administrative and judicial organs to jointly fulfill the obligation of constitutional protection of citizens' right to education. The state's obligation to protect the right to education must follow the lower criterion of "Adequate compensation" and the higher criterion of "Balance of interests".

Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection

In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general.
 The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance.

Foreign Constitutional Guarantee of Voting Right

The paper presents the results of a comparative legal study of the texts from the constitutions belonging to the member countries of the Commonwealth of Independent States to identify guarantees of legal voting right in them. The study was built based on a dialectical approach to disclosing legal phenomena and processes using general scientific (systemic, logical, analysis, and synthesis) and particular scientific methods. Based on the classification method, the sought guarantees were identified, named, and characterized in the following varieties: constitutional sovereign, electoral constitutional with a subdivision into the material (general and particular) and procedural (restrictive and technical) types, and institutional guarantees implemented by special and constitutional control entities as well as standardizing constitutional types. Within this working framework, the authors present the results of the comparative study devoted to the constitutions of the CIS member states in connection with the identification of guarantees of legal voting right in them. So far, no such comparative study has been conducted to identify the securities of the right to vote in the member states of the Commonwealth of Independent States.

Initiation of Proceedings in a Case of Tax Offense as a Premise for Suspending the Limitation Period for a Tax Liability in Polish Law

The subject of the article is to discuss the premise for the suspension of the limitation period for a tax liability, concerning the initiation of proceedings in the case of a tax offense, about which the taxpayer has been notified, if the suspicion of committing a crime or offense is related to failure to fulfill this tax liability. The authors analyzed the latest jurisprudence of administrative courts, judgments of the Constitutional Tribunal, and scientific literature devoted to the indicated topic. Attention was drawn to practical problems with applying the provisions of the Tax Ordinance, including those related to providing taxpayers with constitutional guarantees, such as respecting the principle of trust in the state and the law. Doubts related to the instrumental use of the law when instituting penal fiscal proceedings by tax authorities, aimed solely at suspending the limitation period, as well as the issue of implementing the institution of fiscal penal law into tax regulations, were discussed. The article ends with conclusions and an attempt to evaluate the current legal regulations in the light of the resolution of the Supreme Administrative Court of May 24, 2021, file ref. act I FPS 1/21.

Pemberdayaan Tokoh Adat dan Tokoh Masyarakat dalam Mencegah Konflik Antar Agama di Kabupaten Aceh Tenggara

The 1945 Constitution guarantees and protects religious freedom in Indonesia. There are several laws and regulations as implementing regulations in realizing the ideals of the constitution, such as Law no. 39 of 1999 concerning Human Rights, Law no. 1/PNPS/1965 concerning Prevention of Religious Abuse and/or Blasphemy, and Aceh Qanun No. 4 of 2016 concerning Guidelines for the Maintenance of Religious Harmony and the Establishment of Places of Worship. However, inter-religious conflicts still occur, especially in areas where there are multi-ethnic and religious groups such as Southeast Aceh Regency. Usually, the problem is triggered by a non-tolerant attitude in carrying out social life and carrying out religious rituals and beliefs between religious adherents. In Southeast Aceh district, there are four problems that often trigger disputes or conflicts between religious adherents, namely livestock farming and the sale of pigs in the community, turning on music when the call to prayer is heard, illegal construction of houses of worship, sales of liquor such as "tuak" and construction of houses. gambling freely in the community. This community service program will empower traditional leaders and community leaders through counseling on the importance of preventing conflicts between religious adherents. Traditional leaders and community leaders were chosen because they are closer to all levels of society from various religious backgrounds in Southeast Aceh Regency. The education provided in this activity can be information and increase knowledge for traditional leaders and community leaders in preventing inter-religious conflicts in Kutacane, Southeast Aceh.

Pemberdayaan Tokoh Adat dan Tokoh Masyarakat dalam Mencegah Konflik Antar Agama di Kabupaten Aceh Tenggara

The 1945 Constitution guarantees and protects religious freedom in Indonesia. There are several laws and regulations as implementing regulations in realizing the ideals of the constitution, such as Law no. 39 of 1999 concerning Human Rights, Law no. 1/PNPS/1965 concerning Prevention of Religious Abuse and/or Blasphemy, and Aceh Qanun No. 4 of 2016 concerning Guidelines for the Maintenance of Religious Harmony and the Establishment of Places of Worship. However, inter-religious conflicts still occur, especially in areas where there are multi-ethnic and religious groups such as Southeast Aceh Regency. Usually, the problem is triggered by a non-tolerant attitude in carrying out social life and carrying out religious rituals and beliefs between religious adherents. In Southeast Aceh district, there are four problems that often trigger disputes or conflicts between religious adherents, namely livestock farming and the sale of pigs in the community, turning on music when the call to prayer is heard, illegal construction of houses of worship, sales of liquor such as "tuak" and construction of houses. gambling freely in the community. This community service program will empower traditional leaders and community leaders through counseling on the importance of preventing conflicts between religious adherents. Traditional leaders and community leaders were chosen because they are closer to all levels of society from various religious backgrounds in Southeast Aceh Regency. The education provided in this activity can be information and increase knowledge for traditional leaders and community leaders in preventing inter-religious conflicts in Kutacane, Southeast Aceh.

“Right to Silence”: A Commentary on Misinterpretation and Violation by the Indian Judiciary

AbstractThe Indian Constitution, being the lengthiest constitution in the world, seeks to accord the “right to silence” the status of a fundamental right, a particularly high threshold from which little to no derogation is permissible. This constitutional guarantee has also been given a statutory backing, wherein the silence of an accused cannot be used to draw an adverse inference against him. As a country which hails itself as a champion of personal liberty, it is disheartening to see that the reality of the situation is disappointing. The draconian pre-Constitution jurisprudence is still followed by most judgements, and often the silence of an accused is used as a “missing link” on the part of the prosecution to establish an accused’s guilt. This occurs either due to the correct provisions not being brought before the notice of the courts, or due to the courts adjudicating in derogation of statutory provisions and settled case laws. In this paper, the authors seek to establish the correct position of the law by taking into account its evolution in Indian and other jurisdictions, and then establish how India continues to fail to give effect to this right, by empirically analysing several judgements of the Supreme Court of India.

Обеспечение экологических прав граждан России–приоритетное направление экологической политики государства

Introduction. Decent and safe life and activities of Russian citizens can only be possible in the favorable environment. The constitutional and legal guarantee in this area is the consolidation of the environmental rights of Russian citizens as a constitutional value, and its provision is a priority task of the state and, accordingly, the most important direction of the implemented environmental policy. Theoretical analysis. The author determines the constitutional and legal content of environmental rights of Russian citizens, reveals their significance for citizens and peoples living on the territory of Russia, identifies trends, prospects and problems of their implementation and development, the role of public authorities in this process. Empirical analysis. The researcher claims that the right of citizens to participate in the management of state affairs in the environmental sphere is implemented in various forms, of which an environmental referendum should be recognized the most effective, since its results are binding on public authorities. Despite this, environmental referendums are not often held. The reasons for this are, on the one hand, the unwillingness of the authorities to listen to the opinion of the population when delivering commercially successful projects, on the other hand, the complexity of the legally established procedure for holding a referendum. Results. It is proved that the right to the favorable environment is the main comprehensive constitutional environmental right, with other constitutional environmental rights being the means of its implementation, or restoration in case of violation. It is concluded that the problems associated with the realization of human rights arise from imperfections in the field of law-making, law enforcement, as well as systemic problems of the state structure of Russia. It is pointed out that there is a need to develop state environmental policy in terms of strengthening legal, organizational and other measures aimed at more effective implementation of environmental rights of Russian citizens.

The features of legal regulation of personal data of remote workers

To date, the Russian Federation has been formed as an information state, the priority task of which is to protect the interests of the individual, his rights and freedoms guaranteed by the Constitution of the Russian Federation. The widespread use of modern technologies, in particular all kinds of transfers of personal data, poses a real threat to the violation of not only constitutional guarantees for privacy, personal and family secrets, but also labor legislation. It should be recognized that electronic document management increases the opportunities for abuse of rights by workers and employers. In the article, the authors analyze some of the problems arising in the processing and protection of personal data of remote workers, law enforcement practice, and also propose ways of improving labor legislation in this field.

Religious Freedom and Legal Education

For what was obvious yesterday is not necessarily obvious today, i.e., to the present generation of young citizens. In the past, freedom of religion for all has always been an important element of constitutional guarantees, but one wonders whether religious freedom would be defended by the present younger generation. In particular, would the young of Europe defend it? The answer, unfortunately, is most probably in the negative. But maybe the United States is different - is indeed our Euro-Atlantic world divided on the issue of religion and its role in modern societies? Legal history, in giving the opportunity to take advantage of the experience of past generations and their systems, can prove itself to be quite practical when applied in the field of legal studies, i.e., for legal research or analyses. Legal history teaches that constitutional orders have been formed for centuries and it seems likely that all were established with the intent of enduring forever; nevertheless, we know that in practice they are always in a continuous process of refinement and development and will change during the life of any particular society or state. Inevitably, then, some systems and epochs will be richer than others in their understanding of ways to put in normative order what is needed for a society in those situations that require regulation. Legal history teaches that freedom of religion always comes at a price. The crucial point is who has to pay the price. Freedom cannot defend itself. It needs its own witnesses, martyrs and, above all, guardians and protectors. Recently, that is during the last two terms, the Supreme Court of the United States has sent out a series of instructive and influential signals that protection of religion should be strengthened. The relevant cases are American Legion v. American Humanist Association (2019), Espinoza v. Montana Department of Revenue (2020), Little Sisters for the Poor Saints Peter and Paul Home v. Pennsylvania (2020), Our Lady of Guadalupe v. Morrissey-Berru (2020) and Fulton v. City of Philadelphia (2021).

Legitimacy of the Dissolution of Beliefs by Community Organizations

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

DEMOCRACY AND THE RIGHTS OF NON-MAJORITY COMMUNITIES AT THE LOCAL LEVEL IN KOSOVO

Democratic governance has to do with the majority's will, respecting the rights of communities and all citizens' well-being. In Kosovo, the rights of communities are regulated by the constitution and legislation, which guarantee the special rights of minority communities. One of the fundamental policies of governmental institutions was about decentralizing local self-government, designed to facilitate the creation of new municipalities of communities and their integration into the local institutions. Our purpose was to search and analyze the level of representation of communities in the local institutions, legal mechanisms that guarantee their rights, challenges in putting the rights of communities into practice, and the political steps that must be taken to achieve so. The methodology is based on quantitative research with 500 (five hundred) respondents in three municipalities: Pristina, Gracanica, and Dragash, where 59% of respondents are male and 41% are female. The results show that about 55% of the communities are somewhat satisfied with the constitutional guarantees, and 38% are represented in the institutional life of Kosovo. Implementing legal mechanisms has allowed the communities to have higher representation at institutional levels and be part of Kosovo society’s integrative processes.

Конституционный принцип уважения человека труда: проблемы реализации в российском законодательстве и правоприменительной практике

Respect for the working person is guaranteed by Article 75.1 of the updated Constitution of the Russian Federation. This constitutional guarantee has an external (formal) and an internal (substantive) side of implementation. On the basis of the theory of stability of labour law relations, the basic norms of this twofold system have been identified. 1. On the substantive side, the norms of stability of the employee as a party to the employment contract when the employer changes. The constitutional guarantee of respect for the human being at work is the stability of employment relations, secured mainly by Article 75 of the Labour Code of the Russian Federation. The provision of Article 75 of the Russian Labour Code is based on the theory of stability of the employment relationship, conditioned by the personal nature of the employment contract on the part of the employee, the foundations of which were laid at the turn of the 19th and 20th centuries. Today it guarantees the preservation of the employment relationship in the event of a change of ownership of the organisation, a change of subordination of the organisation or its reorganisation. Legislating the dependence of the employment contract on the employer's reorganisation measures would destroy the theory of stability and the system of constitutional and sectoral labour law guarantees of respect for the human rights of workers. Therefore, new forms of employment, the emergence of which is initially dictated by the needs of economic development and the state of society, should be consistently involved in the sphere of labour law regulation. The issues of the stability of the employment contract should be resolved exclusively based on the needs of the organization of production and in the interests of the enterprise. 2. From the external perspective, the basic provision in the system of guarantees of respect for the person at work is the form of the employment contract. Article 56 of the Russian Labour Code, defining the concept of an employment contract, as well as regulatory acts adopted in its development and the generally accepted practice of law do not comply with Article 75.1 of the Constitution of the Russian Federation and Article 57 of the Labour Code. The inclusion of information about the employee after information about the employer in the employment contract underlines the unequal position of the employee, even if formally, but clearly demonstrates the lack of respect for the employee not only on the part of the employer concluding the contract but also on the part of state authorities which have permitted the publication of regulations contrary to Article 57 of the LC RF. 57 of the Labour Code and provoking the employer to violate the guarantee of Article 75.1 of the Constitution of the Russian Federation. Considering the ethical nature of Russian legal understanding, Article 56 of the LC RF and the standard forms of employment contracts must be immediately brought into compliance with the requirements of Article 57 of the LC RF and Article 75.1 of the RF Constitution, which would be a formal, but obvious respect for the working person on the part of both the state and, subsequently, the employers. The author declares no conflicts of interests.

A Constitutional Guarantee: The Rights of an Arrested Person in the Malaysian Criminal Justice System

A Constitutional Guarantee: The Rights of an Arrested Person in the Malaysian Criminal Justice System

МЕТОД РОЗРАХУНКУ ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ З УРАХУВАННЯМ КОМПЛЕКСУ СПЕЦИФІЧНИХ ПАРАМЕТРІВ СОЦІАЛЬНИХ МЕРЕЖ

In Ukraine, the right to protection of personal data is a constitutional guarantee, and the protection of personal data is one of the areas in which such a guarantee should be implemented. The subject of our research will not be objects in general, but dynamic systems of information protection in social networks in the mathematical sense of the term. The study developed a linear mathematical model and conducted a survey of the model of protection of personal data from a set of specific network parameters and the intensity of data transmission in social networks. Dependencies are considered: the amount of information flow in the social network from the components of information protection, personal data, and data flow rate; security of the system from the size of the system and from the amount of personal data; information security threats from a set of specific network parameters.A system of linear equations is obtained, which consists of the equation: rate of change of information flow from social network security and coefficients that reflect the impact of security measures, amount of personal data, leakage rate, changes in information protection from a set of specific network parameters, its size, personal data protection As a result of solving the system of differential equations, mathematical and graphical dependences of the indicator of personal data protection in the social network on various components are obtained. Considering three options for solving the equation near the steady-state of the system, we can conclude that, based on the conditions of the ratio of dissipation and natural frequency, the attenuation of the latter to a specific value is carried out periodically, with attenuation: amplitude, or exponentially fading law. A more visual analysis of the system behavior is performed, moving from the differential form of equations to the discrete one and modeling some interval of the system's existence. Mathematical and graphical dependences of the frequency of natural oscillations of the system, the period of oscillations, and the attenuation coefficient are presented. Simulation modeling for values with deviation from the stationary position of the system is performed. As a result of the simulation, it is proved that the social network protection system is nonlinear.

The right to due process based on the Constitutional Jurisprudence 4-19-ep/21

The present work aims to analyze the right to due process in Ecuador, based on the constitutional judgment No. 4-19-EP/21, issued by the Constitutional Court. The analysis focuses on the considerations and aspects of the right to due process, its relationship with the right to defense and the basic guarantees that everyone possesses in any proceeding in which they are a procedural part; It also considers what was said by the Constitutional Court in similar judgments and what was stated by the Inter-American Court of Human Rights whose analysis will be taken for the study of the specific case. Regarding the sentence, it will be compared with other pronouncements of the constitutional court, and also with what doctrinaires and professors have stated in reference to this right and constitutional guarantee, in order to finally issue the corresponding criterion with objectivity.

IMPROVING THE LEGAL STATUS OF ADVOCATES AND ADVOCACY FORMATIONS BASED ON INTERNATIONAL STANDARDS

In the Republic of Uzbekistan, on the basis of universally recognized norms of international law, the foundations and guarantees of constitutional protection of individual rights and freedoms have been created. Article 116 of the Constitution of the Republic of Uzbekistan established constitutional guarantees of obtaining qualified legal assistance, as well as the role of the advocacy. Unfortunately, there is a shortage of advocates in the country, which is due to various reasons. In this article, the norms of the national legislation on advocacy were critically analyzed. The main purpose of the article is to improve legislation taking into account advanced standards. The statistical, comparative-legal method and the method of generalization of scientific research of scientists were used as research methods. Taking into account the analysis, the necessity of understanding the theoretical and practical foundations of the Institute of advocacy in the Republic of Uzbekistan in order to improve the legal foundations of this institute was revealed. According to the results of the study, conclusions were drawn regarding the improvement of the effectiveness of the advocate's activities, strengthening his legal status. These proposals can be used in the development of draft legal acts on advocacy and advocate’s activity, strategic documents on the development and further reform of the institute of advocacy in the Republic of Uzbekistan. The findings of the study can determine the prospects for reforms in the field of advocacy.

Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution

In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike the formal constitutional guarantee, this broad collection is not solely libertarian, concerned only with guaranteeing noninterference with a negative right. Instead, it is also aggressively interventionist, countermanding contrary policy judgments by employers, universities, property owners, and local government officials, conferring robust rights and privileges, and shifting the distribution of violence in society. This Article underscores the rhetorical and legal connection between this gun-rights expansionism and the formal Second Amendment guarantee. These laws do not derive from a judicial interpretation of the scope of the Constitution, but they are expressed and advocated for in constitutional terms. The Article also highlights how broad gun rights can create unique harm to the body politic and to marginalized groups by fostering fear and mistrust and empowering sometimes-problematic private actors to proactively police their own communities. Finally, the Article shows how gun-rights expansionism influences constitutional doctrine in the context of the Second Amendment, as well as of the First, Fourth, and Fourteenth Amendments.