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  • New
  • Research Article
  • 10.31078/jk2246
Speedy Trial in Testing the Constitutionality of Government Regulations in Lieu of Laws
  • Dec 31, 2025
  • Jurnal Konstitusi
  • Achmad Edi Subiyanto

Government Regulations in Lieu of Laws (Perpu) have the same status as laws but are temporary and require approval from the House of Representatives (DPR) in the subsequent session. The Constitutional Court (MK) currently reviews Perpu using the same procedural law as standard laws. The urgency of this research stems from the risk of “loss of object,” which occurs when a Perpu is enacted into law before the MK reaches a verdict, causing legal uncertainty. This study analyses the need for a speedy trial mechanism for Perpu review. It employs a normative juridical method, examining positive legal norms, principles, and doctrines. The findings indicate that existing procedures, lacking specific time limits, are inadequate for the time-sensitive nature of Perpu. The study concludes that the MK must establish a distinct procedural law incorporating a speedy-trial model with strict time limits (e.g., 14 days) to ensure the review is completed before the DPR session and to protect citizens’ constitutional rights.

  • New
  • Research Article
  • 10.58344/jii.v4i12.7363
Constitutional Rights of State Civil Apparatus in Politics in Indonesia
  • Dec 25, 2025
  • Jurnal Impresi Indonesia
  • Ulfatussakinah Ulfatussakinah + 1 more

The guarantee of the political rights of the State Civil Apparatus (ASN) in the 1945 Constitution is further regulated in Law Number 20 of 2023 concerning the State Civil Apparatus (ASN) and various derivative regulations. This research aims to answer a fundamental question: how are the constitutional rights of the State Civil Apparatus (ASN) regulated in Indonesian politics, and what is their neutrality concerning the potential conflict between the constitutional guarantees of political rights in the 1945 Constitution and the restrictions on political activities imposed on the State Civil Apparatus (ASN) by legislation. This study employs a descriptive-normative method, utilizing both legislative and conceptual approaches. The findings indicate that the lack of synchronization between regulations and the unclear boundaries between active and passive political activities have generated normative tensions. These tensions arise between the constitutional rights of the State Civil Apparatus (ASN) and their obligation to maintain bureaucratic neutrality. Overly broad restrictions may violate the principle of proportionality and create legal uncertainty for the State Civil Apparatus (ASN). Additionally, this situation allows for varying interpretations among different agencies, leading to inconsistencies in the application of the principle of neutrality in practice. Consequently, it may undermine the political rights of the State Civil Apparatus (ASN) as citizens.

  • New
  • Research Article
  • 10.52026/2788-5291_2025_80_4_126
SURROGACY IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS IN LEGISLATION AND PRACTICE
  • Dec 25, 2025
  • BULLETIN OF INSTITUTE OF LEGISLATION AND LEGAL INFORMATION OF THE REPUBLIC OF KAZAKHSTAN
  • Elvira Bekbolatovna Ablaeva

he legislation of the Republic of Kazakhstan in the field of reproductive health protection and protection of the traditional institution of marriage and family is studied. Along with them, regulatory legal acts in the field of application of assisted reproductive methods and technologies for treatment or overcoming infertility are studied, including on receipt by Kazakhstani citizens of medical care at the expense of the Compulsory Social Health Insurance Fund as insured in the system of compulsory social health insurance of citizens, social protection of individuals and families with children as a result of the use of surrogacy. A deep and comprehensive analysis of the norms of legislation in the considered area of ​​legal relations contributed to the identification of serious problems that our Kazakhstani citizens and families with a direct indication for surrogacy face in everyday life. The author believes that the practice of using surrogate motherhood, which has developed against Kazakhstani citizens and families, contradicts legislation guaranteeing the right to protect the family, motherhood, fatherhood, and reproductive health, as well as to receive medical care from the insured at the expense of the CSHI Funds and social benefits from the Social Insurance Fund. It has been revealed that in violation of the requirements of the legislation on the protection of the reproductive health of citizens and their medical care in the MHI system, the Ministry of Health has established various kinds of illegal prohibitions in the use of any of the assisted reproductive methods and technologies. Serious criticism has also been leveled at the illegal activities of notaries, which are expressed in the performance of notarial acts on the notarial certification of surrogacy contracts, which contradict the legal nature of civil law contracts for the provision of services for a fee, the general principles and meaning of civil legislation. At the end of the work, the author gives recommendations on improving Kazakh legislation, as well as advice to Kazakhstani citizens and families in protecting their constitutional rights to reproductive health, receiving free medical care and social benefits in case of loss of income due to pregnancy and childbirth and maternity leave.

  • New
  • Research Article
  • 10.56301/juris.v9i2.1975
State Responsibility In Enforcement of Citizens' Constitutional Rights In Land Execution Cases In Timor Leste
  • Dec 24, 2025
  • The Juris
  • Carolina Da Cruz + 1 more

The purpose of this study is to explain and understand the State's Responsibility in Enforcing Citizens' Constitutional Rights in Land Execution Cases in Timor Leste. To explain and understand the Indonesian Government in this case to realize protection and justice for its citizens whose land rights are threatened or lost after the release of Timor Leste. This research uses a normative juridical legal research method. The type of approach used in this research is a case study approach. The sources of normative legal research are primary legal materials, secondary legal materials, and non-legal materials. This study uses a qualitative analysis method. Based on the conclusion that the responsibility of the Timor-Leste state in enforcing the constitutional rights of citizens in land execution cases is represented by the development of land laws to harmonize various legal regimes, namely by developing laws that combine and clarify land rights and the process of claims that are violated and recognize property rights and clarify the legal status of immovable property. The state is also responsible for protecting and upholding the rights of citizens as a whole as stated in the Constitution. The Indonesian government has sought to provide protection and justice for citizens who lost their land rights after the secession of Timor-Leste through various policies, including the establishment of the Truth and Friendship Commission to address human rights violations, and support for resolving land issues through various legal and non-legal mechanisms. However, these efforts often face challenges of legal and bureaucratic complexity, which require special and comprehensive handling from the government.

  • New
  • Research Article
  • 10.33042/3083-6727-2025-6-194-20-31
INFORMATION PROTECTION AS THE FOUNDATION OF CYBERSECURITY: ISSUES OF DEFINITION AND LEGAL REGULATION
  • Dec 23, 2025
  • Municipal economy of cities

The article provides a comprehensive analysis of the legal nature of the category of “information” in Ukrainian legislation and legal doctrine, taking into account contemporary international standards. It highlights the multifaceted character of information as an object of legal relations, encompassing various dimensions – from a non-property good to an economic resource. The methodological basis of the study is a comparative legal analysis of the norms of current Ukrainian legislation and doctrinal approaches of both domestic and foreign scholars. The evolution of the concept of information is examined: from a narrow understanding as “data or facts recorded on tangible media” to its modern interpretation as a dynamic structure that includes personal data, results of intellectual activity, digital assets, and objects of constitutional rights to access and dissemination. The study identifies key properties of information – intangibility, marketability, and confidentiality – which determine the specific legal regime of information and complicate the process of regulatory unification. The article proposes an original three-tiered approach to the definition of information, integrating three doctrinal models: (1) information as a non-property good; (2) information as an object of legal relations; and (3) information as a resource and commodity in civil turnover. Particular attention is paid to the constitutional dimension, where information rights are divided into two groups: “information rights” (freedom of expression, secrecy of correspondence, etc.) and the “right of access to information” (transparency and openness of public authorities). The findings reveal the fragmentation of national legislation: a conflict persists between public law (access to public information) and private law (intellectual property), which creates regulatory gaps in the sphere of digital legal relations, particularly with regard to big data and AI-generated content. Based on this, the article substantiates an original definition: “Information is data or knowledge that reflect facts, events, phenomena, or processes, can be expressed in various forms (oral, written, electronic, visual, etc.) and exist on different media, have a dynamic intangible nature, and constitute an object of legal relations requiring specific approaches and flexible regulatory norms.” It is argued that harmonization of Ukrainian legislation with international standards, in particular the GDPR and ISO/IEC, is a necessary condition for the formation of a coherent system of information law. Such an approach would ensure proper protection of personal data, strengthen cybersecurity, foster the development of digital assets and the innovation-driven economy, and guarantee a balance between the right to information and the right to privacy in the modern information society.

  • New
  • Research Article
  • 10.1093/jlb/lsaf029
Heritable human genome editing and the politics of law: the South African case study
  • Dec 23, 2025
  • Journal of Law and the Biosciences
  • Donrich Thaldar + 5 more

ABSTRACTHeritable human genome editing (HHGE) has emerged as one of the most contested frontiers of bioscience, where law is mobilized as a political instrument. This article uses South Africa as a case study in the politics of law in HHGE governance, showing how even a substantively strong regulatory framework can collapse when procedurally fragile and politically contested. The National Health Research Ethics Council’s 2024 guidelines established a regulated pathway for HHGE research and anticipated the eventual possibility of clinical application. The guidelines were aligned with constitutional rights and contained various ethical safeguards. Yet their adoption was procedurally weak: consultation was confined to research ethics committees, excluding broader scientific and public engagement. This lack of participatory legitimacy left the guidelines vulnerable. Critics seized on the fact that the guidelines contemplated children being born with edited genomes, collapsing anticipation into permission. These critiques were amplified by institutional actors, culminating in the repeal of the guidelines in 2025 and their replacement with an indefinite placeholder. The South African case highlights a lesson of global significance: that the governance of HHGE, and of emerging biotechnologies more broadly, depends not only on substantive ethical safeguards but also on inclusive procedures that can withstand political contestation.

  • New
  • Research Article
  • 10.70670/sra.v3i4.1411
Pakistan Military Courts and the Right to Fair Trial: A Comprehensive Research Analysis
  • Dec 23, 2025
  • Social Science Review Archives
  • Shahid Maqsood

The trial of civilians by military courts in Pakistan constitutes one of the most significant constitutional and human rights controversies in the country’s contemporary legal landscape. Initially introduced as a temporary and exceptional response to terrorism following the 2014 Army Public School attack, military courts were justified on grounds of expediency and national security. However, the gradual expansion and normalization of their jurisdiction over civilians have raised serious concerns regarding their compatibility with constitutional guarantees of fair trial and Pakistan’s international human rights obligations. This paper undertakes a qualitative doctrinal and comparative legal analysis to examine whether military court proceedings align with Article 10A of the Constitution of Pakistan and the fair trial standards enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Focusing on the conflicting Supreme Court decisions of October 2023 and May 2025, the study highlights systemic deficiencies in military court proceedings, including the absence of judicial independence, lack of transparency, restricted access to legal representation, and ineffective appellate review. The paper argues that the continued trial of civilians by military courts is constitutionally unsustainable and normatively inconsistent with international human rights law. It concludes by proposing evidence-based legislative and institutional reforms aimed at reconciling national security concerns with constitutional supremacy and fair trial guarantees.

  • New
  • Research Article
  • 10.24144/2788-6018.2025.06.3.12
Cyber resilience and human rights: implementation of international preventive models in the digital space in Ukraine
  • Dec 22, 2025
  • Analytical and Comparative Jurisprudence
  • A A Oliinyk

The relevance of the study is determined by total digitalization and unprecedented growth of cybercrime, which threatens human rights and freedoms. In the context of hybrid warfare and constant information attacks, understanding the preventive role of information security and criminal law policy is of strategic importance. The rapid transformation of technology is changing the traditional understanding of constitutional rights (privacy, freedom of speech, property), which are taking on a new dimension in the digital reality. Cyberspace creates new systemic threats to these rights, including unauthorized access, digital identification, and fraud. The purpose of this article is to provide a comprehensive scientific rationale and develop methodological principles and practical recommendations for improving criminal law policy on cybercrime prevention in Ukraine through the implementation of international preventive models to ensure cyber resilience and guarantee the constitutional rights of citizens in the digital space. The key result is a scientific justification that effective criminal law prevention policy should be based on the multi-level implementation of international preventive models, which creates synergy between the cyber resilience of the state and the individual. The cyber resilience of the state (macro level) provides the regulatory, institutional, and technical framework for protecting critical infrastructure, while the cyber resilience of individuals (micro level) directly reduces the risks of victimization. The resilience of the state is impossible without the resilience of its citizens, as the human factor is the weakest link in the protection system. Particular attention is paid to cognitive security, namely, the ability of a person to critically perceive information and protect their consciousness from manipulation, disinformation, and psychological influence. It is justified that cognitive security is an element of criminological prevention of cybercrimes that violate human rights, since manipulation of consciousness is the first step towards fraud or recruitment, violating the human right to objective information and free choice. The improvement of criminal law policy depends on the implementation of three models: conventional legal (harmonization with NIS2, GDPR, and the Budapest Convention), institutional-technical (system protection), and cognitive-educational (priority of cyber hygiene programs). A comprehensive approach involves the synergy of legal, technical, and educational mechanisms, which allows not only to respond to but also to prevent cybercrime. Practical recommendations for improving preventive policies include legislative harmonization (implementation of NIS2 standards and ECHR requirements) and institutional specialization of law enforcement agencies to combat high-tech crimes in the digital environment. It is important to strengthen cognitive immunity by creating a unified national cyber education platform and integrating cognitive security into the education strategy, which will reduce citizen victimization and strengthen national cyber resilience.

  • New
  • Research Article
  • 10.1163/22134514-bja10096
Freedom of Association in France
  • Dec 17, 2025
  • European Journal of Comparative Law and Governance
  • Vanessa Barbé

Abstract Freedom of association has been an important fundamental right in France since a landmark ruling by the Constitutional Court in 1971. In that decision, the Court not only ruled that freedom of association was a constitutional right that was not explicitly mentioned in the Constitution, but also that the Constitutional Court could overrule an Act of Parliament if it was incompatible with such a fundamental constitutional right. That kind of ‘Marbury v Madison’ decision was a small revolution in France. In 1971, it was the first time that a piece of legislation was annulled by the Constitutional Court because it was incompatible with a fundamental right when Parliament wanted to change the system of declaration of associations into a system of authorisation. Nevertheless, since 2017, there has never been such a high number of dissolutions of associations. Moreover, since the statute against separatism in August 2021, there has been a new ground to dissolve associations that “provoke armed demonstrations or acts of violence against persons or property.” The change in the law in 2021 has led to a marked increase in the number of dissolutions, which might lead one to believe that freedom of association is under threat in France.

  • New
  • Research Article
  • 10.35433/issn2410-3748-2025-2(37)-6
MECHANISMS FOR PROTECTING SOCIAL AND HUMANITARIAN HUMAN RIGHTS DURING THE RUSSIAN-UKRAINIAN WAR
  • Dec 16, 2025
  • Economics. Management. Innovations
  • Volodymyr Pryshchepa + 1 more

The article conducts a comprehensive analysis of mechanisms for safeguarding social and humanitarian human rights during the Russo-Ukrainian war. It establishes that the legal regime of martial law permits restrictions on certain constitutional rights, including: freedom of movement through curfew implementation; free choice of residence through mandatory evacuations; freedom to leave Ukraine's territory for specific demographic groups; along with rights to work and education. The study reveals that effective humanitarian policy directly depends on identifying critical threats: to national identity, ethnopolitical tensions, historical memory manipulation, and instrumentalization of religious institutions for social destabilization. Consequently, the formation of a unified civic identity constitutes a fundamental objective of state humanitarian policy. The threat to Ukrainian national identity has emerged from societal ambivalence, characterized by the competition between pan-Russian imperial and European Ukrainian identities within Ukraine, alongside the resonance of "Russian world" ideology among certain population segments. Drawing on the Council of Europe's Needs Assessment Report "Social Rights in Ukraine during War," this study highlights the critical importance of safeguarding civil, political, economic, social, and cultural rights during periods of armed conflict. The mass displacement of populations coupled with the systematic destruction of social infrastructure during warfare severely compromises people's ability to access education, employment opportunities, healthcare services, and other vital resources necessary for sustaining proper living conditions and means of subsistence.

  • New
  • Research Article
  • 10.34104/ajssls.025.04680485
Equal Rights in Divorce Laws: A Comparative Analysis of Different Personal Laws of Bangladesh
  • Dec 16, 2025
  • Asian Journal of Social Sciences and Legal Studies

In the context of legal divergence existing in the family laws of Bangladesh, this research mainly focuses on the scope for ensuring equal rights in divorce under different personal laws of Bangladesh. The research argues that an equal and equitable treatment for both husband and wife should be ensured in the family context of Bangladesh. The concept of divorce and its impact on the children and the society as a whole has been discussed at first. The existing religious perception regarding divorce has been placed with legal reforms brought in Bangladesh. This research is a comparative study of different personal laws existing in Bangladesh. The modes and procedure of divorce under different personal laws are different. This research searches for the equality doctrine within these personal laws. Literature suggests that changes have been brought in the personal laws relating to divorce of Muslim and Christian law. But there is no codified law for Hindus in this regard. This study focuses on the urgency of recognition of Hindu divorce by the state. The state remains silent regarding the personal laws of minority people considering it as a sensitive issue. Some laws are obsolete, discriminatory and insufficient to face the problems arising out of social changes. This research argues that laws should be time befitting, in harmony with constitution and international human rights treaties and hence there should be no discrimination. Finally, this study argues that family stability primarily depended on the equal rights of divorce for both husband and wife.

  • New
  • Research Article
  • 10.24144/2788-6018.2025.06.2.15
European constitutional and legal practices of recognition and protection environmental rights: a comparative approach
  • Dec 15, 2025
  • Analytical and Comparative Jurisprudence
  • U V Antonyuk

This article analyzes the European experience of constitutional and legal recognition of environmental rights in European states is analyzed and generalized conclusions are made about the trends and prospects of their recognition. In particular, based on the application of a comparative approach, it is concluded that in the constitutional legislation of the vast majority of European states there is a trend towards legal recognition of rights in the environmental sphere. It is stated that the constitutional and legal recognition of environmental rights in European constitutions is characterized by the absence of a single unified approach to the legal formulation of this right with the use of various definitions and criteria. The most common European constitutional and legal practices regarding the legal consolidation of environmental and legal provisions from their recognition to non-recognition at the constitutional level are also outlined. At the same time, it is concluded that the fact of the absence of constitutional and legal norms regarding the recognition of environmental rights is not yet evidence of the final or cardinal non-recognition, leveling or denial of these rights, since the regulation of environmental rights and environmental legal provisions in these states is carried out either in special sectoral legislation, judicial, administrative precedents, or environmental rights are considered at the constitutional level in the context of other human rights: the right to life, health, adequate standard of living, etc. It is noted that, as a rule, in the constitutions of European states, environmental rights are enshrined in those constitutional sections that are dedicated to human rights and freedoms, and in some cases, in general provisions – when it comes to the constitutional and legal regime of ownership and use of natural resources and/or the obligation of the state to ensure environmental protection. The European experience of the constitutional and legal mechanism for securing environmental rights is, of course, of great importance for the formal legal recognition of these rights, but at the same time, it is not enough for their provision and protection, which, as a rule, requires regulation in special sectoral legislation or judicial practice.

  • Research Article
  • 10.24144/2788-6018.2025.06.1.19
The constitutional right of a citizen to participate in the management of state affairs: methodological principles
  • Dec 10, 2025
  • Analytical and Comparative Jurisprudence
  • A Basalaeva

The scientific article carries out the epistemology of the methodological principles of the study of the constitutional right of a citizen to participate in the management of state affairs. It is noted that in order to obtain objective knowledge about this constitutional right of a citizen, which is both objective and subjective, the decisive factor is the choice and application of such a methodology that will allow for effective knowledge of the phenomenon being studied. The phenomenon being studied is currently developing under the influence of various factors (the war in Ukraine, European integration, globalization, etc.). Also, in the future, other factors may arise that will affect the subject of the study. The following methodological principles of the study are identified and characterized: subject, object, principles, foundations of the constitutional right of a citizen to participate in the management of state affairs, paradigm of political and constitutional-legal thinking, methods, methodological techniques and tools. The thesis about the relationship and mutual influence of political and constitutional-legal thinking is argued. Such relationship and mutual influence are revealed. It is argued that the foundation of both political and constitutional-legal thinking in democratic countries are the following values: respect for human dignity, freedom, democracy, equality, the rule of law, respect for human rights. The approach to the methodological principles of constitutional and legal research has received further development: when studying the constitutional right of a citizen to participate in the management of state affairs, despite the subjective nature of the choice of each researcher of the methodology for studying this right and the impossibility of establishing an exhaustive list of methodological principles of constitutional and legal research, there are tasks that determine the limits of this choice, the reliability, and the quality of the research results obtained. The primary level of the methodology for studying the above-mentioned constitutional right is worldview principles. The article also explores the essence and significance of an interdisciplinary approach in the study of the constitutional right of a citizen to participate in the management of state affairs. The main strengths and weaknesses of the application of interdisciplinary methods in the study of this constitutional right are analyzed, and their impact on the effectiveness of its implementation is determined.

  • Research Article
  • 10.24144/2788-6018.2025.06.1.22
Legal regulation of the interaction of the Representative of the President of Ukraine with the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Constitutional Court of Ukraine, local executive bodies, local self-government bodies
  • Dec 10, 2025
  • Analytical and Comparative Jurisprudence
  • L M Deshko

The article examines the legal regulation of the interaction of the Representative of the President of Ukraine with the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Constitutional Court of Ukraine, local executive bodies, local self-government bodies in the Autonomous Republic of Crimea. Special attention is paid to the Representative of the President of Ukraine as an institution designed to implement the function of the President of Ukraine as an arbitrator between the branches of state power. The article also reveals the role of the Representative of the President of Ukraine in the Constitutional Court of Ukraine in protecting the rights and freedoms of man and citizen. In the conditions of the legal regime of martial law in Ukraine, restrictions on the constitutional rights and freedoms of man and citizen and the increased role of human rights institutions, the legal status of the Representative of the President of Ukraine in the Constitutional Court acquires not only political-institutional, but also human-centric significance. Additionally, the need to strengthen the human rights potential of this institution is argued in view of the operation of the legal regime of martial law in Ukraine and Ukraine’s European integration. It is noted that the institution of the Representative of the President of Ukraine in the Constitutional Court of Ukraine is a component of the mechanism for implementing the function of guaranteeing the rights and freedoms of man and citizen - it ensures the practical fulfillment of the constitutional duty of the Head of State. In the conditions of the legal regime of martial law in Ukraine, in the conditions of post-war restoration, the interaction of the representative of the President of Ukraine with local self-government bodies, especially in the Autonomous Republic of Crimea and the city of Sevastopol, is a key factor in the reintegration of the territories of Ukraine occupied by Russia, the stability and efficiency of public administration, the unity and effective exercise of the function of the President of Ukraine in compliance with the Constitution of Ukraine, the rights and freedoms of man and citizen. The conclusion is made about the need for a systematic update of the legal regulation of the institution of the Representative of the President of Ukraine. The legal regulation of the interaction of the Representative of the President of Ukraine with state authorities requires codification and institutionalization.

  • Research Article
  • 10.24144/2788-6018.2025.06.1.2
Some aspects of research into theoretical knowledge about human rights to social protection
  • Dec 10, 2025
  • Analytical and Comparative Jurisprudence
  • A V Honcharov

The article examines some aspects of research into theoretical knowledge about human rights to social protection. Social protection of the population is one of the defining directions of the state’s social policy, the implementation of its social function. Even with the traditional nature of the issues of social protection for sectoral legal sciences, a significant number of general theoretical aspects related to the essence of social protection require careful rethinking and further constructive coverage. The law of social protection is developing on the basis of new concepts and principles. Its scope includes new social relations that were not previously included in the area of legal regulation. In the time since Ukraine gained independence until today, perhaps no other branch of law has undergone such cardinal changes. The social function of the state is diverse in content and significant in the scope of its activities. Its main purpose is to eliminate or mitigate possible social tension in society, to equalize the social status of people, to develop healthcare, education and culture. This clearly reflects the goal of the state - to ensure a decent existence for a person, free development of the personality, protection of the family, social justice and social security. The main content of the social function of the state is socio-economic human rights. The formation of the concept of human rights and the social state are considered as two mutually dependent processes, because the formation of a social legal state was historically and logically preceded by the recognition of the concept of human rights and freedoms. In legal literature, the basic social rights and freedoms of a person and a citizen are understood as a set of constitutional rights of a person (or only a citizen of a particular state), which enables his claims to receive certain material benefits from the state under appropriate conditions. The basic social rights and freedoms of a person are designed to ensure the last decent standard of living, the right to work, the right to housing, the right to free medical care, etc. One of the social rights that the state guarantees and must ensure is the right to social protection. However, the implementation of rights in the field of social protection requires the state not only to proclaim such rights, but also to foresee a legal mechanism for their provision (specific grounds, conditions and procedure for exercising the right, obligated subjects) and a financing mechanism. It should be noted that the legal mechanism for the implementation of human rights in the field of social protection has significant differences in states of different socio-economic orientation. It is noted that social protection is associated with the social policy of the state, which is implemented in the interests of the main social groups of the population. Therefore, social policy is understood as the purposeful activity of clearly defined subjects, primarily the state, aimed at regulating social relations, social needs and interests of various groups of the population, related to ensuring their well-being and personal development.

  • Research Article
  • 10.1007/s11896-025-09782-2
The Forgotten Fifth Prong: A Critical Review of Dynamic Miranda Decision-Making during Interrogation
  • Dec 4, 2025
  • Journal of Police and Criminal Psychology
  • Suraiya Shammi

Abstract Miranda warnings were introduced to safeguard individuals during custodial interrogation by ensuring they are informed of their constitutional rights. While the first four prongs—such as the rights to silence and counsel—have been extensively examined, the fifth prong, which permits suspects to reassert or modify an initial decision during questioning, has received comparatively limited attention. This review addresses that gap by applying Wells’s framework, which distinguishes between estimator variables—factors outside the control of the legal system (e.g., suspect mental health, education, legal experience)—and system variables—factors within the control of law enforcement (e.g., Miranda delivery, interview conditions, invocation protocols). Understanding how these variables shape decision-making across the course of an interrogation offers useful insight into how suspects engage with their rights in practice. Certain procedural elements—such as the clarity of warnings or the ability to revisit prior decisions—can influence whether protections are effectively upheld. Ensuring that suspects have a fair opportunity to understand and apply their rights at all stages of interrogation is central to both constitutional compliance and professional practice. By identifying areas where procedural improvements could further support these goals, this paper offers practical recommendations for enhancing the effectiveness of custodial interviews. Attention to the fifth prong offers law enforcement professionals an opportunity to strengthen both investigative outcomes and the broader aims of justice.

  • Research Article
  • 10.1111/raju.70008
A Positivist Approach to Human Rights: An Ex Post Explanation of Violations
  • Dec 2, 2025
  • Ratio Juris
  • Kumie Hattori

Abstract This article defends a positivist view of human rights while highlighting the limitations of the naturalistic view in the context of human rights violations: the naturalist’s nontemporal, categorical conception of rights oversimplifies ex post moral reflection; its notion of unenforceable rights fails to address moral life after violations; and it marginalises viewpoints not already committed to human rights norms. By presenting these critiques, the article underscores the merits of the positivistic view, which can avoid these shortcomings. It ultimately claims that the positivist approach, recognising human rights norms as social facts, clarifies various perspectives on the normative force of these norms, thereby potentially envisioning a future commitment to them.

  • Research Article
  • 10.62383/jembatan.v2i4.2598
Legal Review of the Execution of Mortgage Rights on Land
  • Dec 2, 2025
  • Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
  • Triwanto Triwanto + 2 more

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

  • Research Article
  • 10.59896/gara.v19i4.430
KAJIAN HUKUM TERHADAP PENERAPAN SISTEM E-TILANG DALAM PENANGANAN PELANGGARAN PIDANA LALU LINTAS DI KOTA DENPASAR
  • Dec 2, 2025
  • Ganec Swara
  • Putu Andhika Kusuma Yadnya + 3 more

The rapid growth of vehicles has made traffic law enforcement a critical issue in urban areas. This normative legal research examines the implementation of the e-ticketing system in handling traffic violations in Denpasar City. The study finds that the implementation of e-tilang has a strong and multi-level legal foundation, primarily based on Law Number 22 of 2009 concerning Traffic and Road Transportation, supported by other regulations such as the ITE Law and the Personal Data Protection Law. However, the research also identifies significant legal consequences, including a shift towards objective liability for vehicle owners and challenges related to the protection of constitutional rights, such as the right to be heard and data privacy. While the system aligns with the principles of good governance, particularly in transparency, accountability, and efficiency, its full success depends on massive socialization, clear complaint mechanisms, and affirmative policies for the technologically vulnerable. The study concludes that e-tilang is a legitimate instrument for law enforcement in the digital era, provided it is balanced with a strong commitment to data protection and all principles of good governance.

  • Research Article
  • 10.21869/10.21869/2223-1501-2025-15-5-55-65
The essence of the constitutional right to appeal in the Russian Federation
  • Nov 30, 2025
  • Proceedings of Southwest State University. Series: History and Law
  • R E Garanin

Relevance . The current trends in the development of the constitutional right to appeal pose a number of new challenges for lawmakers and law enforcement practices. Despite the recognized importance of the constitutional right to appeal as a means of democratic participation in the management of state affairs, as well as the protection of human rights, freedoms and legitimate interests, fundamental issues related to its essence, legal nature and functional purpose remain the subject of scientific discussion and require in-depth theoretical analysis to form a holistic scientific concept of this institution. Purpose ‒ comprehensive disclosure of the essence of the constitutional right to appeal through the analysis of its key functions. Objectives : to identify and systematize the key functions of the constitutional right to appeal, which determine its socio-legal purpose; to reveal its public-legal nature through the prism of the interaction of private and public interests; to substantiate the protective role of the constitutional right to appeal as a necessary procedural condition for the realization of the vast majority of constitutional rights, freedoms and legitimate interests; establish criteria for classifying this right as an institution of direct democracy. Methodology . The present research is based on a comprehensive methodological approach combining general scientific (dialectical, integrative, systemic, analysis, synthesis) and special legal (formal legal) methods of cognition. The basis of the study was the method of functional analysis. Results . The identifies the key functions of the constitutional right to appeal (informational, human rights, security, control, communication, management) comprehensively revealing its essence and legal nature. Conclusion . The constitutional right to appeal has a multifunctional essence, which is manifested in the possibility of: informing public authorities about emerging problems in various spheres of public life, protecting and restoring violated rights, freedoms and legitimate interests, preventing offenses, ensuring the implementation of a wide range of constitutional rights, freedoms and legitimate interests, exercising public control, establishing a feedback channel between the government and citizens, as well as direct influence on the process of making managerial decisions.

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