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- Research Article
- 10.65138/ijtrp.2026.v2i3.21
- Mar 15, 2026
- International Journal of Transdisciplinary Research and Perspectives
- Pooja Baghel
A paradigm shift in the discussion of law, justice, and governance has resulted from the incorporation of artificial intelligence (AI) into judicial systems. Even though AI has been successful in increasing productivity, simplifying case management, and helping judges with research, using it to make decisions in court presents serious ethical and legal issues. The constitutional protections of due process and fair trial, which protect individual rights from caprice and guarantee openness, impartiality, and accountability in decision-making, are at the heart of this discussion. The ethical and legal ramifications of using AI in court decision-making are examined in this paper. It looks at how the idea of equality before the law may be threatened by algorithmic tools that, despite their promise of objectivity, may replicate or even worsen systemic biases present in training data. The constitutional requirement of reasoned judgments is challenged by the "black box problem," in which algorithms generate results without comprehensible reasoning, undermining public confidence in the legal system. Furthermore, there are serious concerns about who is responsible for incorrect or unfair results when accountability is distributed between algorithmic systems and human judges. The study examines developments in China, India, the United States, and the European Union using a comparative methodology. Both the advantages and disadvantages of AI-driven adjudication are highlighted in the study, ranging from the US controversy surrounding COMPAS risk-assessment tools to China's smart court experiment and India's cautious use of AI through SUPACE. It contends that although artificial intelligence (AI) can increase judicial efficiency, human conscience, empathy, and interpretive reasoning—all of which are essential components of justice—cannot be separated from adjudication. In order to ensure that technological innovation does not undermine constitutional values but rather strengthens the accessibility, fairness, and credibility of judicial systems, the paper ends by suggesting safeguards such as regulatory frameworks, transparency standards, and a "human-in-the-loop" principle.
- Research Article
- 10.18572/2072-4144-2026-1-25-30
- Mar 5, 2026
- JOURNAL OF CONSTITUTIONAL JUSTICE
- Anastasia Andreevna Karitskaya
The article is devoted to the analysis of the impact of legislation on mandatory requirements on bringing controlled persons to administrative responsibility. The author examines the current regulatory framework based on the constitutional requirements for the regulation of economic activity, the principles of administrative responsibility and the legal positions of the Constitutional Court of the Russian Federation. The article claims that the state has the right and is obliged to create, including through the introduction of administrative responsibility, conditions for coordinating the realization of economic rights and freedoms with other constitutionally significant values. At the same time, it is emphasized that the reform of legislation on mandatory requirements has had a positive impact on the grounds for bringing controlled persons to administrative responsibility for offenses related to economic activity.
- Research Article
- 10.31268/ps.2025.338
- Feb 27, 2026
- Przegląd Sejmowy
- Grzegorz Maroń
This paper presents the results of a study of two types of resolutions concerning religious matters (and the drafts thereof) adopted or considered by the Sejm of the Republic of Poland in the years 1991–2023 (i.e. from the 1st parliamentary term to the 9th one), namely commemorative resolutions and resolutions to address issues. The conducted analysis allows one to conclude that the resolution-making practice generally remains consistent with Article 25(2) and (3) of the Constitution of the Republic of Poland. There are isolated cases of the Sejm taking a position on typically doctrinal and intra-faith issues in violation of the constitutional requirement of public authorities’ religious impartiality and respect for the autonomy and independence of religious organisations in their own spheres. However, both principles do not, generally, prevent the Sejm from expressing its opinions – in the forms of commemorative resolutions and resolutions to address issues – with regard to the place of religion in the public realm, the socio-cultural importance of religion, and the need to respect religious freedom; nor do the said principles rule out the commemoration of clergy and people venerated as blessed or saints. Sometimes the improperly edited wording of adopted resolutions, including their titles, may give rise to interpretative doubts and avoidable reservations of a constitutional nature, especially when the general meaning of those resolutions is acceptable in the light of the constitutional principles on religious matters.
- Research Article
- 10.51867/ajernet.7.1.56
- Feb 21, 2026
- African Journal of Empirical Research
- Tonny Muzaale + 2 more
Corporate governance in Uganda is founded on the principles of transparency, equality, non-discrimination, and responsibility. Uganda’s legal framework brings out strong obligations to gender equity. However, these obligations persist entirely on the motivational principles of corporate domain due to the lack of binding legal commands, enforceable shares, or clear duties on board structure. While Uganda is signatory to key international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Civil and Political Rights, and the Maputo Protocol, the enforcement of some of the requirements into corporate governance preparations remains inadequate, primarily reliant on soft-law backgrounds such as the Capital Markets Authority (CMA) Guidelines and the Companies Act, 2012. The study was underpinned by the Feminist Theory. The supposition supporting this study is that gender-scattered boards lead to improved governance and tougher corporate act through improved discussion, accountability, and depiction. The Equal Opportunities Commission Act (2007) and the 1995 Constitution offer a legal foundation for favorable gender sensitive action, yet their bid to governance remains minor and oversensitive. This study suggests that closing the lacuna between constitutional standards and corporate veracities requires legislative improvement to entrench gender multiplicity mandates inside Uganda’s core company law. Without implementable instruments, the transformative budding of diversity remains muffled, rendering Uganda's corporate industry powerless to bind the governance and routine advantages of comprehensive boardrooms. As such, this research recommends that binding legislative reforms be passed that incorporate the requirement of mandatory gender diversity into the very heart of Uganda’s company law. This will help close the gap between constitutional requirements and corporate practice, ensuring that Uganda’s corporate sector benefits from all the positive attributes that gender diversity has to offer.
- Research Article
- 10.30525/2256-0742/2026-12-1-163-172
- Feb 17, 2026
- Baltic Journal of Economic Studies
- Oleg Dubynskyy + 2 more
The subject of the study is the constitutional guarantees of human rights and freedoms in Ukraine viewed through an economic and legal lens, with a focus on how normative standards, institutions, procedures, and public finance jointly determine the real level of rights protection under ordinary conditions, martial law, and recovery. The paper examines why constitutional guarantees should be treated as an operating governance system that shapes predictability of state behaviour, integrity of regulatory decision-making, investment and labour incentives, and the sustainability of social protection, rather than as a declarative catalogue of rights. Special attention is paid to the role of constitutional review and judicial control in constraining administrative discretion, to due process as an economic safeguard against arbitrariness, and to budget and tax governance as a resource infrastructure enabling positive obligations. The paper also addresses the impact of European human-rights standards, including the Convention system and ECtHR case-law, on proportionality, non-discrimination, protection of property, and effective remedies, particularly in crisis regulation and in contexts where temporary measures tend to become permanent. Methodology. The research is based on a combination of formal-legal, systemic, comparative-legal, and institutional approaches. It integrates doctrinal analysis of constitutional provisions and related legislation with an examination of European standards (rule of law, proportionality, fair balance, and non-discrimination) and a review of judicial practice relevant to economic rights, property interference, and access to justice. Policy analysis is applied to clarify how constitutional requirements are translated into administrative procedures, regulatory instruments, and budget programs, and to identify interface risks that typically arise between constitutional standards and implementation capacity during resource scarcity and wartime governance. The aim of the work is to substantiate an analytically coherent model of constitutional guarantees for Ukraine that explains their economic significance, identifies vulnerabilities in the strategy–delivery chain of rights protection, and formulates practical proposals for strengthening controllability, transparency, and accountability of state interference while preserving the enforceability of social rights under fiscal constraints. The results of the study show that that the effectiveness of constitutional guarantees depends less on the density of constitutional declarations and more on the coherence of four interconnected layers: normative limits on interference, institutional checks (constitutional jurisdiction, ordinary courts, ombudsman and integrity bodies), procedural discipline (reasoned decisions, the right to be heard, access to information, and reviewability), and financial governance (budget transparency, prioritization rules, and enforceable compensation mechanisms). The paper demonstrates that due process reduces transaction costs and arbitrariness risks in economically significant decisions, while judicial control operationalizes proportionality and fair-balance tests in concrete disputes. For Ukraine, the critical governance risk is the normalization of emergency practices: under martial law, expanded regulatory tools and accelerated decision-making can weaken legal certainty unless supported by time-bounded measures, public criteria, periodic review, and effective remedies. The study proposes a strengthening roadmap centred on standardizing decision-making procedures for high-impact administrative acts, embedding proportionality and evidence standards in regulatory templates, reinforcing access to justice and enforcement capacity, institutionalizing budget openness for rights-related programs, and ensuring practicable compensation for unlawful interference and emergency-related property measures. Conclusion. Sustainable constitutional guarantees require shifting from formal recognition of rights toward a managed, auditable governance cycle in which legal standards, institutions, procedures, and public finance operate as a single system of constraints and remedies. For Ukraine, the most feasible path is not expanding declarations, but reproducing functional safeguards: predictable and reviewable procedures, integrity-by-design controls, stable proportionality tests in adjudication, and budget transparency that makes social rights administrable during war and recovery, thereby strengthening trust and reducing economic uncertainty associated with state intervention.
- Research Article
- 10.63878/jalt1766
- Jan 27, 2026
- Journal of Applied Linguistics and TESOL (JALT)
- Naseem Akhtar Naz
Problem statement: carceral collapse and constitutional blindness. Punjab prison system is in structural inertia, colonial in construction and without undergoing any significant reform. After decades of policy debates, court observations and constitutional assurances, imprisonment in Punjab still acts more as a way of control (as opposed to correction). What has been obtained is a system that continues to act in violation of the fundamental rights and abuses are the rule not exception with overcrowding, lack of classifying those who are detained, administrative secrecy and political interference. The legislative backdrop, in the form of the Prisons Act, 1894, Prisoners Act, 1900, Borstal Act, 1926 and Probation of Offenders Ordinance, 1960 is old, piecemeal, and in every way unsuitable to modern standards of human rights, especially as set out in the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). The custodial containment and disciplinary regulation under these statutes are emphasized but no rehabilitative philosophy along with enforceable rights regime of prisoners is established. As opposed to other provinces, Punjab has never elaborated a codified Jail Manual that follows the constitutional requirements or international commitments. Looking at the constitution, the system has gross inconsistencies. The Constitution of Pakistan is security of life, liberty, inviolability of human dignity, and the equality before the law as guaranteed by Articles 9, 14, and 25. Nonetheless, the situation within prisons in Punjab conditions includes medical neglect, mental health problems, a lack of legal assistance, and discrimination in classification of prisoners, which nullifies such assurances both in practice and theory. The fact that there is a difference in how the A-Class, B-Class and C-Class criminals are treated demonstrates an institutional prejudice regarding the socio-political privilege, and therefore the equal protection under the law principle is being violated. In addition, there is an institutional dysfunction which runs through the parole and probation system. There is minimal use of parole release, overworked probation officers and the legislative independence of parole boards is never there or diminished. Such an administrative stasis does not only worsen overcrowding but also does not allow the rationalization of a non-custodial sentence as an alternative as well. Although ocassionally the judiciary has intervened by way of inspections or suo moto measures, a consistent structural approach to the correctional institutions has never been established by the judiciary. Article 199 is still an underutilized authority when it comes to issues of prison conditions, and bail jurisprudence does not bear any resemblance to the reality on the ground in terms of carceral problems of suffering or unaccountability. This judicial disengagement allows carceral injustices to persist in the shadows of the legal system. The problem, therefore, is not merely one of inadequate resources or outdated laws. It is a deeper systemic failure: a collapse of legal, administrative, and constitutional responsibility in the domain of incarceration. Prisons in Punjab operate as closed-off spaces where fundamental rights are suspended and legal oversight is minimal. This research argues that unless the judiciary assumes a catalytic role and the legislative and executive branches embrace rights-based reform, the prison system will continue to function as a constitutional blind spot and a moral failure of the state.
- Research Article
- 10.1108/jhom-07-2025-0377
- Jan 27, 2026
- Journal of health organization and management
- Intaher Marcus Ambe + 1 more
This study examined the institutional and operational dimensions of demand management in Gauteng public hospitals, South Africa. It evaluated compliance with supply chain management (SCM) policies, identified barriers to procurement planning and analysed variations across hospital categories. A cross-sectional survey was conducted among 235 senior SCM practitioners across 47 hospitals. Descriptive statistics, correlation, regression, ANOVA and mediation analyses were employed to test six hypotheses derived from Institutional Theory, Street-Level Bureaucracy and Winter's Integrated Implementation Model. Compliance with relevant legislation (PFMA and PPPFA) and constitutional requirements was uniformly high, reflecting isomorphic behaviour within a rule-dense regulatory environment. However, capability-intensive practices varied: specification quality and stakeholder engagement were positively associated with compliance, while digital integration strongly predicted demand-management effectiveness and procurement performance. Although compliance improved planning quality, it did not directly influence throughput. Operational challenges, including budget constraints, skills shortages and structural fragmentation, weakened the impact of digital integration. Modest differences across hospital tiers indicated that tertiary hospitals outperformed primary hospitals in role-player effectiveness. The study's focus on Gauteng limits generalisability, and its cross-sectional design does not capture longitudinal or post-COVID reforms. Reforms should prioritise decentralised procurement authority, digital tools adoption, strengthened SCM capacity and integrated planning to improve efficiency and medicine availability. This study presents one of the first empirical assessments of hospital-level demand management in South Africa. It contributes to global SCM scholarship by linking institutional structures, operational practices and compliance in low- and middle-income country contexts.
- Research Article
- 10.36948/ijfmr.2026.v08i01.67634
- Jan 26, 2026
- International Journal For Multidisciplinary Research
- Shivani Chaturvedi
The Uniform Civil Code (UCC) is a prospective compilation of personal laws in India intended to supplant the varied religious rules regulating marriage, divorce, inheritance, succession, and adoption with a unified legal framework. This topic has sparked significant socio-legal discourse in Indian law, illustrating the intricate relationship among constitutional principles, religious diversity, and legal uniformity. This article rigorously analyses the historical development, constitutional requirements, and social and political aspects of the UCC. It assesses arguments both in favor of and against its adoption and examines legal precedents. The paper concludes by examining various avenues for the implementation of a Uniform Civil Code in India, harmonizing constitutional principles with societal plurality. Nonetheless, the concept garnered considerable support in independent India throughout the Constitution's formulation. During British administration, India's governance was characterized by a heterogeneous array of personal rules rooted in religion, ethnicity, and traditional customs. The British endeavoured to establish consistent legislation in some domains, including criminal law and property rights, with initiatives such as the Bharatiya Nyay Sanhita and the Indian Succession Act.
- Research Article
- 10.63878/aaj1307
- Jan 26, 2026
- Al-Aasar
- Nadia Parveen Thalho (Corresponding Author)
The National Curriculum Framework (NCF) of Pakistan has a basis on the national ideals, which include the vision of Quaid-i-Azam and the constitutional requirement of a unified and modern society (NCF, p.15). A strict qualitative analysis, however, shows that the NCF's structural design is outdated. The existing sequential Tyler Curriculum Model divides the nation's vision and its implementation, forcing schools to focus on rote learning despite the NCF's focus on critical thinking and scientific inquiry (NCF, 3.6.vi, p. 35). This essay, submitted by a student scholar, introduces the TN Nadia Integrated NCF - Alpha Generation Model 2025 (TN-INCF-AlphaG2k25). The proposed framework will be based on the grassroots Taba Curriculum Model, which will replace the previous sequential paradigm with a lean, simple tripartite framework that focuses on the learner. The model obliges competency integration by integrating project-based learning and performance assessment, enabling the Alpha Generation in Pakistan to be competent in meeting the requirements of the global environment in 2030, in line with the constitution.
- Research Article
- 10.65620/safetyscience.editorial.2026.002
- Jan 25, 2026
- Safety.Science
- Mohammad Rajabali Nejad
Modern societies are built on a fragile but fundamental condition: people must be able to live together without fearing harm from one another. This condition precedes law, governance, ideology, and technology, and constitutes the minimal requirement for any group of humans to form a society rather than disperse into isolated individuals. This paper names that condition Non-Negotiable Safety. Non-negotiable safety does not deny tragic action under constraint; it denies the moral licensing, normalisation, and systematisation of harm. Across cultures, legal traditions, and religions, this foundational insight has been expressed through a striking moral formulation: whoever takes one innocent life destroys all of humanity, and whoever saves one life saves all of humanity. Often dismissed as symbolic, this paper argues that such statements function as moral amplification—a deliberate boundary mechanism designed to block sacrificial reasoning at its root. By rendering human life non-additive and non-tradable, moral amplification prevents individuals, institutions, or systems from assuming authority over life itself. The paper reframes this principle not as a moral appeal, but as a constitutional requirement for social existence. Societies emerge and endure only when people can reasonably trust that they will not be harmed by one another—today, tomorrow, or through impersonal systems acting on their behalf. When this assurance erodes, integration capacity collapses: people disengage, comply without trust, exploit systems defensively, or exit altogether, and while order may persist, society does not. In contemporary contexts, this foundational condition is increasingly strained. Power is now exercised through complex, tightly coupled systems—legal, technological, bureaucratic, and algorithmic—that allow harm to be distributed, delayed, justified, and obscured. Responsibility diffuses. Decision-makers retreat behind legality, procedure, prediction, or optimisation. Human life becomes something that can be weighed, managed, or sacrificed in the name of security, efficiency, prevention, or progress. This pattern is described in the paper as “playing God”: the substitution of restraint with foresight, and of moral limits with calculated authority. Crucially, the paper argues that this failure is not primarily ethical or psychological, but architectural. Modern systems allow—and sometimes incentivise—boundary violations without requiring anyone to explicitly authorise harm. As technology grows more powerful and global interdependence deepens, informal moral safeguards that once relied on proximity and visibility no longer suffice. Against this backdrop, the paper introduces Constitutional Safety as a first-order design principle for societies, institutions, and socio-technical systems. Constitutional safety does not prescribe policies or outcomes; it fixes non-derogable limits. It asserts that human life and dignity constitute a safety floor beneath which no authority may act—regardless of urgency, legality, or predicted benefit. The paper further shows that non-negotiable safety is not opposed to freedom. On the contrary, it is the condition under which freedom becomes stable. When those with power visibly bind themselves to restraint, responsibility correspondingly amplifies across society. Trust becomes rational. Disagreement remains survivable. Integration capacity—the ability of a society to hold diversity, conflict, and uncertainty without fragmentation—depends on this visible restraint. Safety Science is concerned not only with preventing accidents, but with preserving the conditions under which societies remain integrable under power, scale, and uncertainty. When safety is breached, justification cannot restore what is lost. Only repair can. Repair re-anchors responsibility without normalising harm, preserving moral continuity even after failure. This paper addresses safety at the level where concepts such as acceptable risk, ALARP, compliance, and high-reliability practices presuppose—rather than define—their own legitimacy. The central conclusion is both simple and demanding: When one life becomes humanity, power loses its license to sacrifice. That loss is not a constraint on progress or freedom. It is the condition under which shared humanity, responsibility, and coexistence remain possible in an age of unprecedented power. Power that cannot refrain cannot reliably govern.
- Research Article
- 10.53573/rhimrj.2026.v13n01.002
- Jan 15, 2026
- RESEARCH HUB International Multidisciplinary Research Journal
- Ritika Kukreja + 2 more
Inclusive education for children with disabilities continues to be an essential but insufficiently fulfilled requirement within India's educational system. The Rights of Persons with Disabilities Act (RPWD), 2016, signifies a significant transition from a welfare-focused to a rights-oriented framework, clearly acknowledging inclusive education as a basic right. This study conducts a doctrinal legal examination of the (RPWD) Act, 2016, focusing on its main provisions concerning education, their relationship with the Right to Education Act, 2009, and related judicial interpretations. It evaluates the difficulties in implementation and the discrepancies between the law's purpose and actual situations. By analyzing constitutional requirements, legal frameworks, and significant court rulings, the research assesses the effectiveness of the Act in fostering equal and high-quality inclusive education. The document ends with suggestions for reforms in legal, institutional, and educational areas to close the current gap and fulfil the constitutional commitment to inclusive education for every child in India.
- Research Article
- 10.47772/ijriss.2025.91200191
- Jan 5, 2026
- International Journal of Research and Innovation in Social Science
- Dickson Gitonga Njiru
Public participation is a foundational principle of democratic governance and a constitutional requirement in Kenya, intended to enhance accountability, legitimacy, and responsiveness in legislation and policy formulation. Traditionally, public participation has relied heavily on physical forums such as town hall meetings and written memoranda, approaches that are often slow, geographically restrictive, costly, and exclusionary. In recent years, digitization and e-governance platforms have been introduced as potential solutions to these limitations, promising improved access, transparency, efficiency, and citizen engagement. However, empirical evidence suggests that the adoption of digital tools has not automatically translated into meaningful participation, with concerns emerging around participatory tokenism, digital exclusion, and weak integration of citizen input into final policy outcomes.
- Research Article
- 10.36096/ijbes.v7i6.1054
- Jan 5, 2026
- International Journal of Business Ecosystem & Strategy (2687-2293)
- Vuyani Goodman Langa + 1 more
This study considers the constitutional requirement of public consultation in South Africa in light of the role of the executive in policy-making as well as the emerging trend of "stealth taxation." This work critically evaluates how the executive, availing itself of the cover of budget-making and regulatory power, has a tendency to introduce fiscal devices with minimal public or parliamentary engagement. This conduct raises alarming questions of constitutional compliance, transparency, and abnegation of democratic accountability. The research employs a doctrinal legal approach to examining pertinent constitutional provisions, leading cases, and administrative law principles. Comparative analysis is employed by resorting to similar practice and judicial standards applicable in other Commonwealth jurisdictions. Parliament records and fiscal policy papers from 2010 to 2023 are consulted to recognize and assess examples of indirect taxation evading substantive public participation. The findings exhibit a growing pattern of executive overreach through fiscal means that are neither transparent during deliberation nor scrutinized by the National Assembly. All these actions go against constitutional mandates, particularly those listed in sections 59 and 195, aimed at participatory democracy as well as good governance. The study indicates that consultation is not procedural courtesy but substantive constitutional imperative at the heart of democratic rule. This study significantly adds to demystifying the legal boundaries of executive discretion in fiscal matters. It calls for a normative approach to deliver stronger judicial control and procedural safeguards. The research highlights that the strengthening of public procedure for participation is crucial to safeguard parliamentary predominance as well as to advance credibility of tax policy within South Africa's constitutional framework.
- Research Article
- 10.2139/ssrn.6141626
- Jan 1, 2026
- SSRN Electronic Journal
- Henry S Noyes
Gerrymandering The Electoral College
- Research Article
- 10.2139/ssrn.6234281
- Jan 1, 2026
- SSRN Electronic Journal
- Elizabeth Chamblee Burch
Adequate Representation in Group Litigation
- Research Article
- 10.4102/hsag.v31i0.3285
- Jan 1, 2026
- Health SA = SA Gesondheid
- Adolphina M Thema + 4 more
Nurses play a central role in upholding patients' rights; yet in many health facilities, these rights are frequently compromised. Understanding these challenges is essential for developing effective improvement strategies and ensuring ethical, patients' rights-centred care in health facilities. To explore and describe the challenges faced by nurses in upholding patients' rights in selected health facilities within the Capricorn District, Limpopo province, South Africa. The study was conducted in four health facilities, including a tertiary hospital, district hospital, clinic, and healthcare centre. A qualitative, exploratory, descriptive, and contextual design was used. Data were collected through semi-structured interviews with 28 conveniently sampled nurses from different nursing categories. Data were analysed using Tesch's open coding method. Three themes with six subthemes were identified: (1) resource deficiencies as barriers hindering nurses' ability to uphold patients' rights; (2) nurses' difficulties in upholding patients' rights in health facilities; (3) infrastructure constraints affecting nurses' ability to uphold patients' rights in health facilities. The findings reveal that nurses' ability to uphold patients' rights is challenged by interrelated resources, patient-related, and infrastructure barriers. Addressing these challenges through adequate staffing, supply provision, infrastructure improvements, and supportive policies is critical for creating safe health facilities for patients. This study provides evidence to assist policymakers, educators, and health administrators in developing sustainable policies that maintain professional ethics and comply with the constitutional requirement for equitable healthcare. It underscores the need for policy reforms, better resourcing, and supportive environments to strengthen nurses' capacity for rights-based, ethical, and patient-centred care.
- Research Article
- 10.1007/s11572-025-09786-3
- Dec 19, 2025
- Criminal Law and Philosophy
- Javier Escobar Veas
Abstract The conventional view holds that the purpose of a criminal trial is to determine if the defendant committed a crime—that is, whether the elements of an offense have been satisfied—and, if so, what the appropriate legal response should be. This view has been criticized for not sufficiently considering the importance of procedural rights for defendants who are factually guilty. Critics argue that the conventional view must acknowledge that, even if the procedure is badly flawed and procedural rights are violated, a trial that convicts such a defendant gets something right. Drawing on Rawls’s taxonomy of procedural justice, this article contends that the criminal trial exemplifies impure, imperfect procedural justice. In such a system, the legitimacy of the verdict cannot be separated from the integrity of the procedure; the justice of the outcome depends on adherence to procedural safeguards. On this basis, I argue that the conventional view is fully compatible with recognizing procedural rights as constitutive requirements of a just trial outcome, regardless of the defendant’s innocence or guilt.
- Research Article
- 10.31861/mediaforum.2025.17.126-139
- Dec 17, 2025
- Mediaforum Analytics Forecasts Information Management
- Oleksandr Fesenko
The article offers a comprehensive analysis of the potential and limitations of using blockchain technologies in Ukraine’s electoral process amid wartime and post‑war transformations. The author examines the technical properties of blockchain, including its decentralized architecture, cryptographic resilience, data immutability mechanisms, and peer-to-peer data replication. The article highlights that these advantages create an impression of complete electoral transparency; however, their practical implementation is significantly complicated by various organizational, infrastructural, and legal factors. The views of proponents who perceive blockchain as a means of automating processes and enhancing trust. It is noted that these solutions are largely theoretical models that remain insufficiently adapted to real socio-political conditions. The article also analyzes the arguments of critics who emphasize risks related to the concentration of control in the hands of one or several administrators, the lack of reliable voter identification, possible system failures, vulnerability to cyberattacks, and potential interference from the Russian Federation. The international experience is revealed: the successful use during elections in Sierra Leone, election fraud in local elections in Russia, Norway’s refusal of electronic voting due to security risks and the lack of effect on voter turnout, the preference for paper ballots in Belgium, and the impossibility of applying the Estonian model due to its incompatibility with Ukraine's constitutional requirements regarding the secrecy of voting. Attention is also given to socio-demographic limitations, particularly the low level of digital skills among a significant share of older voters. The article concludes that implementing blockchain-based voting would require extensive legislative reforms, substantial modernization of digital infrastructure, and enhanced cybersecurity. Under current conditions, the technology cannot ensure full security, transparency, or compliance with constitutional principles. It is determined that blockchain can be applied only in experimental or local processes, while its full-scale use in nationwide elections in Ukraine remains premature.
- Research Article
- 10.14746/spp.2025.4.52.4
- Dec 17, 2025
- Studia Prawa Publicznego
- Renata Kamińska
The landscape resolution was introduced into the Polish legal order in order to effectively combat advertising chaos. However, due to inappropriate balancing out of public and private interest at the regulations preparation stage, from the very beginning of its existence the introduced tool is burdened with a defect that does not allow its effective use by municipal governments. This is because the legislator did not provide for a compensatory mechanism for damages resulting from the enforcement of the landscape resolution. In the assessment of the Constitutional Tribunal, this was a legislative omission which infringes upon constitutional standards for the protection of individual rights. Although preparations of an amendment to the provisions on landscape resolutions were initiated, which would allow compliance with constitutional requirements to be restored, the proposed changes do not adequately reflect the conclusions of the Constitutional Tribunal’s ruling nor the realities of the advertising market. The drafters have too directly adopted solutions based on existing mechanisms for compensating planning-related damages, without sufficiently considering the specific nature of the advertising resolution. The aim of this article is to present the issue of the mechanism for compensating the planning damage associated with the entry into force of a landscape resolution. First, it will outline the characteristics of landscape resolutions and the constitutional concerns regarding provisions that impose obligations on owners of advertising media forcing them to adapt them to new rules and conditions for their placement. It will then proceed to discuss the aforementioned draft amendments. Although its final form is currently unknown, an analysis of the draft’s assumptions will serve as the basis for presenting de lege ferenda postulates, the inclusion of which would allow the statutory regulation to be adjusted to constitutional standards.
- Research Article
- 10.24144/2788-6018.2025.06.1.21
- Dec 10, 2025
- Analytical and Comparative Jurisprudence
- O O Honchar
It is indicated that the Constitutional Court of Ukraine forms its judicial practice on the basis of a contractual mechanism. According to the current legislation, the procedure for considering court cases in the Constitutional Court is not limited only to issues of constitutional compliance of acts of state authorities and citizens’ organizations. In addition, the court’s competence includes considering cases on the constitutionality of competitive judicial review procedures. The article is dedicated to a systematic analysis of the principles for the selection of judges of the Constitutional Court of Ukraine (hereinafter – CCU) as the key foundations for forming an independent, professional, and integrity-based composition of the constitutional justice body. The author argues that the procedure for selecting CCU judges is a complex, multi-level mechanism that depends not only on proper legislative regulation but also on the coordinated actions of appointing authorities – the President of Ukraine, the Verkhovna Rada of Ukraine, and the Congress of Judges of Ukraine, as well as other bodies authorized to make procedural decisions within the competition. Based on an analysis of the Constitution of Ukraine, relevant laws, subordinate acts, international standards, recommendations of the Venice Commission, and the practice of the European Court of Human Rights (ECtHR), the article identifies the content of the basic principles of competitive selection: the rule of law, legal certainty, transparency, political neutrality, non-discrimination, objectivity, impartiality, integrity, and accountability. It is demonstrated that, although these principles are not directly enshrined in legislation, they logically follow from constitutional requirements, the content of the competitive procedure, and doctrinal approaches. Particular attention is paid to the role of the prohibition of reappointment of CCU judges as an important guarantee of their institutional independence. The author emphasizes that adherence to the defined principles ensures equal opportunities for all candidates, prevents political influence on the process, enhances transparency and predictability of decisions, and strengthens public and international trust in the formation of the CCU’s composition. The conclusion is drawn that a qualitatively organized selection of CCU judges, based on clear and universal principles, is a necessary condition for the effective exercise of constitutional control and the functioning of Ukraine as a democratic rule-of-law state.