Constitutional Foundations Research Articles

الحماية الدستورية لحق المواطنة في التشريع الجنائي

If rights and freedoms are pillars of the rule of law, then these pillars must be guaranteed in all laws to prevent control and abuse of power. This guarantee in the legal state is to entrust a body of a judicial or political nature to monitor the extent to which those addressed by the law respect constitutional legitimacy. There is an urgent need to define the constitutional protection of rights and freedoms in the light of the principle of the rule of law on which the legal state is based, and its connection to the concept of democracy. With this protection, the constitutional foundations of all branches of law are crystallized, and this legal position is determined in the light of the constitutional legitimacy established by the constitution to protect the right of citizenship within criminal legislation, which is what it requires clarification of the criterion that confers this constitutional legitimacy on the protection of rights and liberties, and achieving a balance between rights and liberties with other constitutional values, whether they are represented by rights and liberties or the public interest.

Constelation Of Power Behind Communication Presidential In Intolerance Issues (Critical Discourse Analysis of the President's Statement in the case of Meliana in Tanjungbalai)

Presidential communication has a role in carrying out the political function of the president as head of state or government. In practice, presidential communication pays attention to efforts to maintain power with ideological dominance through direct statements of the president, media quotes, or official social media accounts. This power is related to how the president manifests statements, attitudes, and actions as a practice of power carried out by political leaders. In the package of identity politics that is getting stronger, cases of intolerance are suspected to be very influential on the way the president conducts political communication. This study will focus on efforts to uncover hidden ideologies in presidential communications that contain power practices in cases of intolerance in Indonesia. Through a paradigm with an approach, this research uses Van Dijk's critical analysis method to find the presidential communication text related to the Meliana case in Tanjungbalai and to understand aspects of the president's cognition and social context in several related statements. This study concludes that the president's communication strategy has a double meaning behind the foundation of constitutionalism, embracing conflicting groups to get resources from their supporters and opposing groups. The president also used a political strategy to raise the issue in Tanjungbalai in what Walter Benjamin called a state of emergency with security and nationality but at the expense of marginalized groups.

A Systematic Study on South African Police Service Leadership Crisis towards Supporting Section 205(3) as the Constitutional Foundation for Public Policing

This systematic review study looked at the emergent of the South African Police Service (SAPS)’s leadership power struggle in one of the executive organs of the state. The power struggle has the destructive force to destabilise efforts in the fight against crime and weaken the leadership. With the increasing crime rate and disorder in needy communities, discernible signs of systemic failures continue to infiltrate into police leadership structures leading to controversial leadership roles since the advent of democratic policing in South Africa. This paper offers insights into SAPS’s leadership enmity, acrimony, and criminality that paint a negative picture of the complex organisation while betraying the central attempts of gaining public trust and confidence in Section 205(3) of the Constitution of the Republic of South Africa, 1996. The findings postulate that the involvement of police in the power struggle and mismanagement emits a negative impact on the status of the SAPS’s leadership and threatens the fibre of the country’s safety and security. The past and current leadership appear to be unruffled by the negative perceptions about this organisation holistically. The review indicates a total disregard for the SAPS’s code of conduct, policies, rules, and regulations, as well as internal procedures, ethics and ineffective processes of corrective systems. It is recommended that criminology as a discipline should frequently be adapted to address current SAPS leadership operations ‒ this call for an effective Criminal Justice System (CJS) that embrace social cohesion using multidisciplinary approaches to address the essence of policing. The government, local communities, law enforcement agencies and Non-Governmental Organisations (NGOs) should collaboratively influence sound leadership and progressive policies.

Constitutional Foundations of the Market Economy. Administrative Law Issues of Economic Freedom

The subject of analysis of this article is the public-legal construction of economic freedom in the context of its basic function which is the realisation of a constitutionally regulated economic system. The detailed objective is to undertake a reconstruction of the freedom of economic activity in the light of theory and public law, to which the freedom in question first of all belongs. The object of research will be its subjective and objective scope. The basic research methods will be the dogmatic and historical-legal method.

Constitutional basis of legal regulation of tax relations: modern view and significance

Problem setting. An analysis of the constitutional principles of legal regulation of tax relations is carried out and the main features of such principles at the present stage of development of public relations in Ukraine and other countries are determined. It is established that the numerous changes that are constantly made to the content and individual provisions of the main sources of tax legislation of Ukraine, especially the Tax Code of Ukraine, are balanced by the fundamental importance and role of constitutional foundations of taxation, enshrined in the Basic Law of Ukraine. Target of research. The purpose of the article is to analyze on the basis of general scientific and special methods of scientific knowledge of the constitutional principles of legal regulation of tax relations, determination of the main features of these principles at the present stage of development of public relations in Ukraine and other countries. Article’s main body. It is pointed out that along with the development of tax relations and the increase in tax revenues of budgets, there was an awareness of the need to consolidate the tax duty among the system of basic constitutional duties of the individual. It is stated that establishing of the basic tax duty of taxpayers at the constitutional level took place in the form of the constitutional principle of universality of taxation. It is emphasized that the constitutional principle of universality of taxation has certain legal limits determined by the principle of the rule of law. It is demonstrated that the direct manifestation of defining the limits of the principle of universality of taxation at the constitutional level is consolidation in constitutional law rules the legality of the establishment, as well as full or partial prevention of retroactive effect of the tax mechanism in cases where it worsens the situation of taxpayers. Conclusions and prospects for the development. It is stated that simultaneously with the principle of universality of taxation, that is directly enshrined in the Constitution of Ukraine, the indirectly enshrined constitutional principle of equality of taxation is derived from the provisions determining equal legal protection of all forms of property. It is emphasized that the content of the principle of equality in taxation provides the same attitude to taxpayers who have a similar economic situation, and differentiated attitude to taxpayers with different economic situation. It is concluded that the principle of equality of taxation by its economic nature harmonizes the principle of universality of taxation, helping to reconcile divergent public and private interests in tax relations and thus promote their development, increase the efficiency of national tax systems.

Constitutional Basis for the Protection of Personal Information

The construction of a legal system for the protection of personal information is a key point to be considered in the era of big data. In China, with the promulgation and implementation of the Civil Code, the Network Security Law, the Data Security Law and the Personal Information Protection Law, academics have discussed the rights and obligations of relevant subjects in the handling of personal information from different perspectives. This article argues that the constitutional basis of personal information protection is the state’s obligation to protect. With the advent of the information age, this obligation extends to the protection of the rights and interests related to personal information. The State’s obligation to protect personal information corresponds to the basic right of the “right to protection of personal information”, which is the value basis and constitutional foundation for the State to fulfill its obligation to protect. The “right to protection of personal information” emphasizes the State’s obligation to protect and its implementation, which is more conducive to the realization of the goal of personal information protection.

Leashing the Dogs of Cyber War

Abstract States have increasingly been engaged in the development of cyber capabilities which can act across the full spectrum of effects. The structures competent to deliver these effects are usually institutionally tied to armed forces or intelligence services, or represent a mixture of the two. Both types of organizations are typically subject to strict oversight and control mechanisms due to the nature of their activities and their potential to impact on the constitutional foundations of a democratic state. Yet, there is limited research available on the respective national frameworks governing offensive cyber capabilities, and similarly little information on the applicable control mechanisms. This article provides an overview of the areas of oversight, explores the challenges related to cyber capabilities, and offers possible avenues for future research.

The Right to a Healthy Environment in the Hungarian Constitution

The aim of the study is to present the development of the environmental law institutions founded up to the present day. Regulations concerning the protection of the environment had first been defined on international level before they appeared in the national legal system. Basic questions of environmental law are being analysed in this study. The history of environmental law is reviewed briefly from the 1950s to the present day both in international and national aspects as well as the constitutional foundation of environment protection within the right to a healthy environment and its Constitutional Court practice. This study will not touch upon the detailed study of the underlying principals of the national environmental law.

The Impact of Constitutional Norms and Principles on Constitutional Economics

The paper considers the problems of constitutional and legal regulation in the sphere of the Russian economy; the thesis that the Constitution of the Russian Federation defines the essential features of the economy is investigated and substantiated. On the one hand, the effectiveness of constitutional legal norms depends on the state of the economy, and on the other hand, it is possible to ensure the effectiveness of the economy only through constitutional norms (norms-principles).The paper examines the genesis of constitutional legal regulation in the field of economic relations. The norms and principles enshrined in the Soviet constitutions are analyzed. The foundations of the economic system in the Soviet period were characterized by the absence of private property rights, free competition and other economic principles. Proclamation of the new economic policy in the 20s of the 20th century entailed the formation and development of private law trends. Many of its supporters were subjected to repression in the 30s of the 20th century. The adoption of the new Constitution in 1993 led to the emergence of new directions in social development and the formation of principles in legal regulation in the economic sphere. The fundamental principles of the Constitution of the Russian Federation have the most powerful influence on the development of market relations. They determine the effectiveness of the state system, state regulation of the economy, establish the economic and social functions of the state. The place and role of the constitutional economy in the system of legal reality of Russia are determined. The constitutional foundations of the state are considered as elements of legal reality. The steady expansion of the subject of constitutional regulation in the aspect of economic relations is noted. The Constitution does not just set general standards for the regulation and development of the economic sphere, but influences the norms of other branches of law in such a way that they acquire constitutional and legal content and should be interpreted in the light of constitutional values.

State, Municipal and Public Control: The Content and Correlation of Concepts in the context of Constitutional Law

The paper examines the categories of state, municipal and public control in the context of constitutional law, substantiates their systemic interrelation and a kind of trinity manifested in the commonality of legal nature and their organic correlation in terms of goals, objectives, mechanisms of implementation and expected socially significant results. Based on the analysis of scientific views and current legislation, it is shown that such an understanding corresponds to the constitutional foundations of control in the Russian Federation — the basic provisions of the Constitution on a democratic rule-of-law social state. The author suggests that state, municipal and public control in their systemic unity means the activities of bodies authorized by legislation, as well as public institutions (civil society institutions), to implement the established forms and limits of control powers and functions aimed at achieving protection of constitutionally significant values, including full compliance with safeguards of human rights and freedoms and strengthening the rule of law, as well as improving the efficiency of state and municipal administration, informing authorities and their officials about the identified shortcomings in order to eliminate them.

Testing the Right to Vote in Free, Fair, and Regular Local Government Elections in South Africa: Challenges from the COVID-19 Pandemic

This article uses the doctrinal legal research method to examine the challenges that faced South Africa in preparing for the 2021 local government elections. The health risks posed by the COVID-19 pandemic led the national executive to promulgate emergency health regulations and impose lockdowns to combat the spread of the coronavirus. Inadvertently, these measures threatened the freeness and fairness of the local government elections by restricting political mobilisation and freedom of movement and association. They also led the Electoral Commission to attempt, through an inquiry and a court application, to postpone the 2021 local government elections. The discussion shows that contrary to its contentions on the impossibility of holding the elections in 2021, the Electoral Commission had unwittingly demonstrated that it was well-prepared to mitigate the risk of COVID-19 infections. This article concludes that a postponement of the elections was not warranted and would have led to legitimacy and constitutional crises. It would have undermined the democratic foundation of the South African Constitution and would have unlawfully infringed on the right to participate in free, fair, and regular elections.

THE LEGAL VALUE OF THE CONSTITUTIONAL FOUNDATIONS OF BUDGETARY FEDERALISM AND CURRENCY SOVEREIGNTY IN PROTECTING RUSSIA'S INTERESTS UNDER SANCTIONS

Introduction. The article examines in a broad context the legal value of the constitutional provisions on the stabilizing role of budgetary federalism and Russia's currency sovereignty in the context of US and Western sanctions against Russia. The article deals with topical legal problems of counteraction of the Russian economy to foreign sanctions using the ideas of ensuring security and economic growth laid down in the Constitution of the Russian Federation. Within the framework of constitutional and financial law, currency, budgetary, unified economic public-authoritative measures of protection against sanctions are determined. They are based on the doctrinal and conceptual foundations of the stability of the constitutional order and the rule of law of the state. The legal value of the constitutional principles of protecting the monetary, financial, budgetary, economic sovereignty of Russia in the wording of the Constitution of the Russian Federation of 07/04/2020 is noted. It is emphasized that the updated Constitution of the Russian Federation strengthens the financial and stabilization function of the national currency with the planning and coordinating role of budgetary federalism and a single public financial mechanism for ensuring the stability of the financial system and the economy of the state. Materials and methods. The method of legal analysis of the norms of constitutional and financial law emphasizes the legal «value» of protecting budgetary federalism, currency sovereignty, citizens' rights to indexation of budget payments and other norms of the Constitution of the Russian Federation. The goal-setting social and security impact of general and special principles of constitutional law as priorities for the financial and economic stability of the state in the face of external threats was revealed. When considering anti-sanction measures of the President of the Russian Federation and the Government of the Russian Federation for 2020-2022 noted their focus on increasing the role of budgetary federalism, currency sovereignty, the unity of action of public authorities in financial and budgetary relations. Results. The effectiveness and consistency of anti-sanctions legal measures developed by the state over the past three years are shown. The growing influence of special constitutional and legal methods of protecting monetary and financial sovereignty, budgetary and tax federalism, parliamentary control of a balanced interbudgetary and interdepartmental distribution of budget revenues is noted. Discussion and conclusions. Being a constitutional and legal category of financial law, the constitutional principles of budgetary federalism, currency sovereignty, and unity of public authority are applied as a general doctrinal national idea of countering sanctions. In this sense, the constitutional foundations are significant, that is, «valuable» for the implementation of an effective foreign and domestic policy of the state, in the socio-economic, political, defense-strategic, financial and other spheres.

Constitutional Foundations of the Welfare State in the Context of the 2020 Constitutional Reform

The proclamation of Russia as a social state in Article 7 of the Constitution prior to the constitutional reform of 2020 was not filled with real legal content. This gave rise to scientific ideas about the dismantling of the concept of the welfare state and, subsequently, a social demand for changes in the interaction of the state and society. The goals of economic development relevant to modern Russia are unattainable without changing the constitutional order of the activities of public authorities at all levels. At the same time, their implementation is impossible in the absence of public support. In the course of the Reform, a number of new legal safeguards were created, the duties of the state in terms of improving the welfare of the population were established, and the responsible attitude of public authorities to their implementation was provided. This ensured constitutional initiatives with the support of voters, and the procedure of the all-Russian vote gave the people’s will the appearance of a final decision approved by society as a whole. The purpose of the study is to provide the legal assessment of constitutional development in conjunction with the establishment of a list of social guarantees demanded by Russian citizens. On the basis of generally accepted scientific methods, the paper analyzes the key social initiatives that emerged during the Constitutional Reform and the provisions of legislation adopted to improve the standard of living. Particular attention is paid to assessing the effectiveness of political and legal decisions in the context of countering the negative impact of the COVID-19 pandemic on the economic development of the country. The paper explains the role of the head of the state as a generator of constitutional and legal ideas that ensured the transformation of relations within the constitutional mechanism of separation of powers and laid the basis for a new socio-economic strategy for the development of the Russian state.

Constitutional Foundations and Legal Restrictions on Mass Media Freedom in the Republic of Iraq

This article is based on a research work done on Constitutional foundations and legal restrictions on freedom Mass media in the Republic of Iraq. Freedom of the media is a fundamental issue of democracy, because without freedom of the media there is no civil society or rule of law. Awareness of society is a necessary condition for its economic, political and cultural progress. The crucial role of the media and the danger of abuse of freedom of the press force democratic states to determine the legal status of the media and to regulate their activities. In the domestic scientific literature, the concepts of “freedom of information” and “freedom of mass media” are used in meanings that practically coincide with the meanings in which these concepts are used in the legislation of the Republic of Iraq. Only a general reference is made to the legislation of the Republic of Iraq on the media by which such restrictions are established. That is, the wording of Art. 73 reflect a clear imbalance between constitutionally substantiated rights and obligations of individuals related to the exercise of freedom of the media.

Constitutional-legal aspects of information security in the context of globalization

One of the main issues of world politics since the 21st century is a scientific and technological breakthrough that can have far-reaching consequences in all areas of human activity. The computerization and information revolution have led to scientific and technological progress in the military field. The application of high technology has radically changed the nature and capabilities of conventional armaments, intelligence and military command systems, and expanded the possibilities of long-distance warfare. Today, the tactics of creating conflicts in many military and other fields with the help of information technology are changing in the world. Who controls information and misinformation plays an important role. Sometimes misinformation becomes a dangerous weapon. Although the existing terms "Information Security" and "Information War" are more commonly used in the military field, they are beginning to take on a slightly different meaning with the development of mass media and communication technologies. This article identifies the legal characteristics and legal specifics of the information rights of citizens, proclaimed by the Constitution of Azerbaijan. The article substantiates the need to consider the constitutional and legal foundations of information security as a complex political and legal phenomenon. It is proposed to analyze the constitutional and legal aspects of information security in the synthesis of constitutional ideology, constitutional theory and constitutional practice of the development of Azerbaijani statehood. The author proves that the constitutional legal provision of the information security of Azerbaijan considers positive international experience in this field

Legal Politics of Pancasila Ideology against Radicalism in the State of Law Enforcement

Purpose of the study:This study aims to analyze the legal politics of Pancasila as an ideology to eradicate radicalism in Indonesia.Methodology:The method employed in this study is a normative legal method using statutory, conceptual, and case approaches.Results:This study found that the fundamental problem in preventing radicalism within the framework of a rule of law is the inability to comprehend (ground) the basic values of ideology and the state constitution in a complete manner (kaffah) to manage and maintain the Unitary State of the Republic of Indonesia. The isolation and divides that negate the constitutional foundation and the ideal foundation in managing and maintaining the dignity of the nation's and state's sovereignty are another form of error in guiding the steps on the journey of the nation and the Indonesian State to the gate of bankruptcy as a sovereign nation and state. Applications of this study:This research can be used by academics and practitioners in philosophical of law so that they can create an instrument to strengthen Pancasila as an ideology to combat radicalism. Novelty/Originality of this study:Legislation may not immediately have an impact on changes and habits of people's behavior. Society does not abide by the law as autonomous individuals because principally, they are all social creatures. The social structure of a living society, called semi-autonomous social fields (SASF), gives rise to external regulations (national law) that are examined and interpreted. Therefore, the result of the encounter (clash) of internal rules with external rules in society is the formulation of strategic objectives of society that are constrasting with those originally intended by legislators.

Constitutional and Legal Bases for the Formation of the Mechanism of Administrative and Legal Regulation in the Field of Higher Education

The study of the mechanism of administrative and legal regulation in the field of higher education is impossible without identifying the constitutional and legal foundations of its formation. The special significance of this topic is determined by the amendment to the Constitution of the Russian Federation that defines in a new way the distribution of subjects of competence between the Russian Federation and its constituent entities on education issues. The paper highlights the modernization potential of the provisions of the Constitution of the Russian Federation establishing the right to higher education and general issues of its organization, the use of which will make obtaining high-quality and competitive higher education not only the goal, but also the result of the activities of legislative and executive authorities. At the same time, it is argued that it is necessary to form an appropriate mechanism of administrative and legal regulation in the field of higher education. A significant role in this mechanism is assigned to regulatory legal acts governing organizational and managerial legal relations. The implementation of the constitutional right to higher education depends on the quality of education laws. Currently, the issue of the development and adoption of a new law on education is not being raised, but the law-maker should monitor all negative aspects of the implementation of the current legislation in order to further improve the mechanism of administrative and legal regulation in this area.

Choices and Contexts in India\u2019s Constitutional Founding

‘India’s founding moment’ a moment of breath-taking political imagination and it is one of the great achievements of Madhav Khosla. to unpack important parts of its pre-history and emergence. This article will look at two questions—one about alternatives and the other about contexts. Regarding alternatives, I am interested in the paths not taken and an understanding of possibilities. I try to get a sense of possible alternative futures or modernities that the founding generation pondered, in the best case allowing us to wonder what we can learn from the choices made as well as from the paths rejected. The other question I raise is the question of the intellectual contexts, in which the founding took place. Coming from a non-Indian perspective, I am interested in the entanglements, the contexts and potentially migrating ideas that emerge.

Constitutional and legal framework for gender equality in Ukraine and world countries

This research aims at a comparative analysis of the constitutional and legal foundations of gender equality in Ukraine and other countries, as well as the study of the constitutional and legal provision influence on the indicator of Global Gender Gap Index. The research uses the method of analysis, synthesis, comparison, generalization, systematization, cluster analysis. Research results on the influence of constitutional and legal provision on the Global Gender Gap Index, there are three groups among the EU countries: countries with a higher level of gender equality (Global Gender Gap Index between 0.784-0.861: Ireland, Finland, France, Germany, Spain, and Sweden); countries with a more or less high level of gender equality (Global Gender Gap Index between 0.762-0.778: Latvia, Netherlands, and Portugal), and countries with an average level of gender equality (Global Gender Gap Index between 0.688 and 0.726: Greece, Cyprus, Luxembourg, Malta, Romania, Slovakia, Hungary, Czech Republic). The first group of countries has a more advanced constitutional and legal provision for gender equality. In the second group – the principles of constitutional and legal provision for gender equality are not fully implemented. In the third group – the constitutional and legal provision needs reviewing and improvement. Ukraine characterized by gender inequality, violence against women, low level of the legal protection of women, limitation of their access to participation in public, political and economic life.

The judiciary – as a main guarantee of protection of the right of ownership

The right of ownership is recognized and protected by law in the Republic of Uzbekistan. Generally recognized principles, property rights, and freedom of contract are not strictly recognized. Which presuppose equality, autonomy of will and property independence of participants in civil law relations. Arbitrary interference in private affairs is not allowed. The freedom of ownership, use and disposal of property is conditioned, including the ability to alienate one's property into the ownership of other persons. Have their right to transfer property rights to someone, while remaining the owner, as well as their ownership rights, and the possibility of the right to use and dispose of. This article analyzes the concept and genesis of the origin of property rights, and also substantiates the importance of protecting this right by the judicial power of any state. The author has studied the constitutional foundations, regulatory and legal mechanisms for ensuring the protection of property rights by the court. According to the results of the analysis, relevant conclusions were drawn and proposals were developed.