Constitutional Norms Research Articles

Radical Islam in Kyrgyzstan

In the last approximately 10–15 years or so, the tendencies towards radical Islamization of Kyrgyzstan have intensified, although it is not so much the Kyrgyz as the Uzbeks and Uighurs who are more susceptible to it. However, the process is gaining momentum among the Kyrgyz as well. There are several reasons for this: socio-economic problems, insufficient work with the population of traditional Islamic structures, the process of flow from the south to the north, in relation to Kyrgyzstan, expressed in the departure of the European population and the influx of visitors from more southern states, including carriers of radical Islam. Among the latter, immigrants from Pakistan are the most active, but missionaries from the Persian Gulf and Turkey are active too. Among other things, many political parties of Kyrgyzstan, some of which directly call for the abolition of the constitutional norm on the secular nature of the Kyrgyz state, have begun to actively cooperate with radical Islamists. Christian religious structures also do not work enough with the titular population of Kyrgyzstan, either because of unwillingness to work (Orthodox), or because of the negative attitude of the authorities (Protestants). In the latter case, it is necessary to point out some laws of Kyrgyzstan that do not strike at Islamic radicals, against whom they seem to be aimed, but just at those who could resist them. Nevertheless, the situation does not seem hopeless yet and can be corrected.

Extraterritoriality of the Application of Constitutional Norms in the USA: a View from a Constitutional and Legal Perspective

Introduction. The problem of extraterritoriality of the application of American law and, in particular, constitutional norms has become especially relevant in recent decades in connection with the adoption and application of a number of regulations whose effect extends directly beyond the borders of the United States and significantly affects the interests of independent states. In this regard, scholars and legal practitioners often turn to this issue to determine what is the legal basis for the application of extraterritoriality, as well as what judicial and doctrinal approaches to resolving this issue exist in the United States of America itself. It should be noted that some states understand the principle of extraterritoriality very broadly, when a state goes beyond its own jurisdiction. A similar situation is observed in the United States. In this article, authors turn to the history of the extraterritoriality of legal norms in the United States, analyze in detail the practice of the Supreme Court and identify different vectors of development of this concept in American law and judicial practice.Materials and methods. During the study, general scientific methods were used, including methods of cognition, description, analysis and special methods, such as comparative legal, formal legal, structural legal.Reseach results. The study showed that despite the long history of resolving the issue of extraterritoriality of a number of American legal norms, the vector of development of this concept has changed significantly over time, which is directly confirmed by the corresponding analysis of the practice of the US Supreme Court and a number of lower courts. The modern trend is to use more balanced approaches that take into account a variety of factors, such as the territory of the act and the citizenship of the party.Discussion and conclusion. The conducted research revealed that increasing attention is being paid to the analysis of the issue of the balance of power in the system of separation of powers, as well as to issues of national security in connection with the development of the concept of extraterritoriality. The development of the judicial practice of the Supreme Court of the United States has a significant impact on the activities of executive authorities and affects the standards for resolving judicial disputes in lower courts. When resolving the issue of extraterritoriality, it is very important to maintain modern diplomatic approaches and, in particular, to maintain the principle of reciprocity and not to create a threat to the sovereignty of other states.

국가균형발전을 위한 지방자치 및 분권형 헌법개정에 대한 담론

In this study, the constitutional basis for securing the autonomy of the local autonomy law and the local council was examined, recognizing the constitutional duty of the state to create social integration and balanced national economy growth and living foundation. For this purpose, this study reviewed the previous studies that tried to realize decentralization and local autonomy and discussed the standard of interpretation of the constitutional norms. In order to promote the decentralization required for the realization of local autonomy, I proposed the following constitutional grounds for securing the autonomy of local councils and appropriate allocation of authority for legislation, administration, justice and finance between the state and local governments. First, in order to guarantee the national sovereignty and citizen autonomy as much as possible and to realize the distribution of decentralized power through local autonomy, the Korean Constitution proposed a constitutional amendment that aims to be a decentralized democratic state, and provided guidelines and grounds for constitutional interpretation as the highest norm for the provisions of the local autonomy system under Chapter 8 of the Constitution. Second, the revised bill of Article 117 (1) of the Constitution and the revised bill of Article 118 (3) of the Constitution, which local governments have financial autonomy within the scope of laws and ordinances, were proposed to substantially reflect the decentralization and to strengthen the autonomy of local councils as resident autonomous bodies. Third, in order to achieve a balance between local governments and neighboring communities, Article 123 (2) proposes a constitutional amendment that guarantees the autonomy of local governments and residents as much as possible and adds an obligation to strive for balanced national development. This study is meaningful in that it reflects the political reality of diversified civil society, raises the need to expand the discourse of constitutional amendment on the purpose of the constitutional guarantee of the local autonomy system, and provides the constitutional basis that the balanced national development led by the central government is transformed into a decentralized balanced regional development led by the local government.

LEGITIMITY OF POLITICAL DECISIONS: THE ROLE OF THE REFERENDUM IN THE DEMOCRATIC PROCESS

The popular vote in Romania has a history that spans several decades in various political and social contexts. Starting from the initial forms of consultation of the population known as the plebiscite, at present, as a result of social and political evolution and transformations, we find the referendum regulated at constitutional level. The referendum is an important tool in the democratic process to allow citizens to speak directly on key issues affecting society. Through the referendum, citizens have the opportunity to participate actively in political decision-making, thereby strengthening the principles of the democratic state. This form of direct democracy gives citizens the opportunity to vote on specific issues such as revision of the constitution, impeachment of the president, adoption of important laws or topics of public interest. The role of the referendum is also to legitimize political decisions and to evaluate the mandates of elected representatives, which can lead to public debates that stimulate citizens' information and promote a better understanding of the problems faced by society. Referenda are therefore not only a voting tool, but also a means of civic education and strengthening social cohesion, with the potential to strengthen democracy and create a sense of belonging and responsibility among citizens. The Constitutional Court of Romania has a fundamental role in ensuring the legality and legitimacy of the referendum process, contributing to the protection of democracy and the fundamental rights of citizens. It helps to maintain a balance between political decisions, popular will and respect for constitutional norms.

Основная обязанность депутатов Государственной Думы, проблемы избыточного законотворчества и разъяснений федеральных законов

Based on constitutional norms, the article examines the duty of a deputy of the State Duma to work on draft laws so that federal laws adopted by parliament can be implemented, contain unambiguous and understandable requirements and other formulations. To solve the identified problems, it is proposed to reduce the number of laws adopted, eliminating excessive lawmaking, formulate legislative norms in such a way that they do not require any explanations, and also, in order to avoid violating the principle of independence of public authorities, to stop the practice of transferring functions to clarify the provisions of the law from legislative bodies to executive bodies. As a result of the conducted research, proposals have been formulated to amend the Constitution of the Russian Federation and certain federal laws.

Конституційна справедливість як чинник становлення та розвитку українського конституціоналізму (частина 1)

Аbstract. Over the twenty-eight years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfection of the legislation governing its activities. Therefore, changes in the organization of work of this respected institution are extremely relevant today and are eagerly awaited by experts, politicians and the public. In accordance with Article 147 of the Constitution of Ukraine, the Constitutional Court of Ukraine decides on the compliance of laws. Article 1 of the Law of Ukraine “On the Constitutional Court of Ukraine” stipulates that the Constitutional Court of Ukraine is a constitutional jurisdiction body that ensures the supremacy of the Constitution of Ukraine, decides on the compliance of laws of Ukraine and, in cases provided for by the Constitution of Ukraine, other acts with the Constitution of Ukraine, officially interprets the Constitution of Ukraine, and has other powers in accordance with this Constitution. It has been proved that in the case of Ukraine, it can be said that by certain parameters it exists. However, it is unlikely that the mass of constitutional consciousness of citizens, the population as a whole, its strata and, most importantly, the constitutional order as a process and state of implementation of constitutional norms have reached high standards of constitutionalism. on the way to the Strategy for the Development of the Justice System and Constitutional Justice for 2021-2023, the main plan of the Strategy for the Development of Constitutional Justice is to identify priorities for improving constitutional and legal regulation, primarily in the selection of judges of the Constitutional Court of Ukraine, ensuring their integrity, professionalism, and Ukraine. The main problems that determine the need to improve the activities of the Constitutional Court of Ukraine are - the emergence of a mechanism for confirming the integrity of judges of the Constitutional Court of Ukraine, which makes it impossible to behave in bad faith, not to comply with the standards of professional ethics, and to tolerate corruption; - imperfection of the procedures for competitive selection of candidates for the positions of judges of the Constitutional Court of Ukraine; - functional imperfection of the constitutional justice system; - has appropriate mechanisms for bringing judges of the Constitutional Court of Ukraine to disciplinary responsibility; - demonstrates mechanisms for monitoring compliance of the courts of the Constitutional Court of Ukraine with anti-corruption restrictions and prohibitions; - insufficient communication policy of the Constitutional Court of Ukraine; - insufficient level of public trust in the constitutional jurisdiction body in Ukraine. The transformations of constitutional regulation after Ukraine gained independence changed the paradigm of constitutional law understanding. It is based on the idea that constitutional regulation should ensure the growth of law over the state. It is impossible to equate law as an objectively existing substance with the law, which in turn can only reflect the subjectivity of the will of the state authorities. Keywords: constitutional justice; constitutional control; constitutional justice; supremacy; public authorities; legal force; regulations; decisions.

Encroachment on the sovereignty and independence of Ukraine by the russian federation

Goal. In connection with the unprecedented attack of the Russian Federation on Ukraine, international treaties on peace were violated, the recognition of Ukraine by the world community as an independent, independent and democratic state as a whole. Therefore, the purpose of this article is to analyze the facts of Russia’s complete disregard for international treaties as evidence of a violation of any legal norms. After all, this means nothing more than the elimination of such legal principles as sovereignty, independence, integrity, inviolability, which in particular can lead to a violation of world order. Method. A certain analysis and generalization of scientific and theoretical material were carried out. The study followed such methods of scientific knowledge as comparative, analysis, and synthesis. Results. In the course of this study, an analysis of the facts was conducted to what extent the recklessness, shortsightedness, and arrogance of the interests of one state can lead to culminating and tragic consequences for the entire world community in particular. Scientific novelty. We need to understand that everything that is directly related to the sovereignty of the state, its independence, and especially when we see violations of the principles of integrity that are provided for by constitutional norms, then perhaps the novelty itself is relevant, if only for the reason that once again we observe when the factor of force abruptly exceeds the factor of law with the consequences of thousands of deaths. Practical significance. The results and conclusions of scientific research can be applied or taken into account in law enforcement practice and consulting.

Advanced in Socioproductive Inclusion: The Protection of Tangible and Intangible Assistances of the Quilombola Community Traditional of Cachoeira Dos Forros - Passa Tempo/MG

Objective: The objective of this study is to investigate the development of a sustainable and collective business model, by and for the community, aiming, in principle, at its economic emancipation. Theoretical Framework: Today, cooperation is recognized as a source of efficiency and well-being, opposing competition, rational selfishness and neoliberal individualism. However, the simple normative constitution or even the defense of the collective based on moral values ​​is insufficient to develop real cooperation. Therefore, traditional knowledge, understood as communal material and immaterial resources, reveals itself as resources capable of guiding community-based enterprises. Method: The methodology adopted for this research comprises a study in the Traditional Quilombola Community of Cachoeira dos Forros (CTQCF/MG), located in Passa Tempo, in the state of Minas Gerais. Results and Discussion: The results obtained revealed that it is possible to outline perspectives for communal development, based on the appreciation of traditional knowledge, from the perspective of community enterprise. However, for this approach to be viable, it is necessary to recognize the obstacles that may interfere with the path to be taken by this community, towards its autonomy as an Afro-diasporic culture. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of intellectual property. These implications may include contributing to the emancipatory process of the CTQCF/MG, already underway. Originality/Value: This study contributes to the originality of the research, whether through an innovative approach, new discoveries or practical contributions. The relevance and value of this research are evidenced by adversities to be overcome, highlighting the discredit and lack of engagement of a portion of its members in achieving the common project, which permeates the compelling need to develop methodologies capable of creating enabling conditions in the process of building trust and cooperation among its actors.

Viam muniunto! О возложении на частных лиц бремени содержания муниципальной собственности (прилегающих территорий общего пользования): конституционные аспекты глазами цивилиста

Modern legal orders are well aware of the principle, originating in Roman law, according to which the owner bears the burden of maintenance of his property. However, even in ancient law there were exceptions to this principle: for example, the Laws of the XII Tables imposed on the owners of land adjacent to public roads the obligation to maintain the latter. Possible exceptions to this principle — in accordance with the law or contract — are also allowed by the Civil Code of the Russian Federation. Taking advantage of this possibility, legislative bodies of constituent entities of the Russian Federation and local self-government bodies in the regional laws and local rules of improvement adopted by them have often imposed and still impose the obligation to maintain public areas on private owners of real estate adjacent to these areas. Nevertheless, until relatively recent time, the Supreme Court of the Russian Federation strictly followed the above basic principle in its practice and, relying also on the constitutional norm on the exclusive federal competence in the field of civil legislation, refused to recognise the legal validity of such norms at the regional and local level. The situation, however, changed in 2018, with the entry into force of amendments to the Town Planning Code of the Russian Federation and legislation on local self-government, by which the burden of maintenance of municipal property in question was explicitly provided for already at the federal level. The article discusses the validity and expediency of these legislative novelties, analyses the judicial practice based on them. It is concluded that they clearly contradict three fundamental constitutional principles and therefore cannot be recognised as corresponding to the Constitution of the Russian Federation.

Ordine pubblico ideale e materiale: quale libertà religiosa?

Ideal and material public order: what religious freedom? ABSTRACT: The limits to the right to religious freedom, both implicit and explicit, have undergone numerous transformations over time. This evolution reflects the changing significance attributed, over the years, to the various interests underlying these restrictions. The concept of ideal public order, safeguarded by the Fascist legislature, contrasts sharply with the material public order, which is the focus of certain criminal provisions. The latter aligns closely with the notion of security, identified in some constitutional norms as a limitation on freedom. In delineating the boundaries of these limits, particular attention must be paid to evaluating the threshold at which the legal system intervenes restrictively. Premature restrictions risk reverting to an idealized interpretation of public order as a constraint on individual freedom. SOMMARIO: 1. Introduzione: i limiti al diritto di libertà religiosa nei lavori preparatori alla Carta costituzionale - 2. Dall’ordine pubblico ideale all’ordine pubblico materiale: il nodo della soglia di intervento dello Stato - 3. Brevi conclusioni: la richiesta di specifici elementi da cui evincere la necessità della tutela (nella giurisprudenza della CEDU).

CONSTITUTIONAL AND LEGAL REGULATION OF THE STATE CIVIL SERVICE

The constitutional and legal regulation of the civil service is based on the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of June 1, 2022 No. 175-Z "On Civil Service" (as amended on January 3, 2024) and other regulatory legal acts. Within the framework of this article, based on the analysis of constitutional norms, which are the basis for the development of the legislation of the Republic of Belarus, regulatory legal acts regulating the features of the institution of state civil service will be presented. The analysis of the national legislation on the civil service, as well as international provisions and practices of foreign states, made it possible to identify a number of controversial issues and, in this regard, we proposed ways to improve the legislation on the civil service, in particular, the provision on the admissibility of the exercise of the right to strike, as well as receiving additional leave for an irregular day, is substantiated.

HOW NOT TO DO EUROPEAN INTEGRATIONS: BOSNIA AND HERZEGOVINA AND LEGAL CHALLENGES IN ACCESSION PROCESS TO EUROPEAN UNION

Background: Bosnia and Herzegovina, with its complex constitutional and legal system, is facing many difficulties in its progress toward European Union membership. These challenges have been worsened by political instability, exacerbated by geopolitical shifts in Europe following Russian aggression on Ukraine. Legal complexities in the constitutional order of Bosnia and Herzegovina are often used to halt the country's progress and divert it from its European trajectory. This article analyses the specific instances of very unfavourable legal solutions that are hindering the EU accession process, as well as the recommendations put forth by the EU Commission aimed at removing these legal obstacles. There is an urgent need for reform of constitutional and legal rules to enable the country to effectively continue its EU accession path. The importance of the EU membership perspective for Bosnia and Herzegovina extends beyond simply joining a desirable club of prosperous countries; the reforms required during the EU accession process are needed to strengthen the efficiency of state institutions and secure lasting peace in the country and region. As such, the urgency and potential impact of these proposed legislative changes cannot be overstated. Methods: The research primarily employs a combination of analytical, normative, and comparative methods to examine the legal system and chronology of the integration process. The legal historical method is also used where appropriate. The research focuses on the content of constitutional norms, relevant legislative acts in Bosnia and Herzegovina, and legislative acts of the European Union and other countries. These legislative acts are compared with EU recommendations and legislation from other EU member states to identify the discrepancies. The article provides an overview of the legal framework governing EU integrations in Bosnia and Herzegovina, including norms of international law, constitutional law, national legislation, and EU law that are negatively impacting the EU accession process, and offers certain recommendations for their improvement. Results and conclusions: The research has identified certain norms of constitutional and legislative origin in the legal system of Bosnia and Herzegovina that are harming the country's ability to effectively engage in the EU accession process. Through a normative approach, the article gives recommendations for their improvement, which are in line with the standards set by the institutions of the EU. Amending these problematic legal frameworks would remove their use as political tools aimed at halting the country’s progress in the EU integrations.

Constitutionalization in the context of modern constitutionalism: theoretical and methodological analysis

The article examines constitutionalization as an important category of constitutional law. The author explores various approaches to understanding this concept, its historical development, and modern interpretations. The views of domestic and foreign scholars on the essence, characteristics, and forms of manifestation of constitutionalization are analyzed. Special attention is paid to the relationship between the concepts of “constitutional order”, “constitutionalism”, and “constitutionalization”. The author emphasizes that constitutionalization is a dynamic process that reflects the practical aspect of constitutionalism and has a global character. The article examines various aspects of constitutionalization, including its impact on the legal system, the expansion of constitutional regulation, and the subordination of government activities to constitutional principles. The author analyzes the role of constitutionalization in ensuring the unity of the legal system and guaranteeing constitutional rights and freedoms. Special attention is paid to the process of constitutionalization in the context of developing a democratic state governed by the rule of law. Based on the analysis of scientific sources, the author formulates their own definition of constitutionalization as a multifaceted process that includes the formal establishment of rights in the constitution, subordination of government activities to constitutional principles, expansion of constitutional regulation of various spheres of public life, and the influence of constitutional norms on the development of the legal system. The conclusions emphasize the importance of further research on constitutionalization for improving constitutional and legal regulation and ensuring the effective operation of constitutional norms in modern society.

CAMINHOS DA JUSTIÇA: AUTISMO E A ÉTICA DO CUIDADO COMO FUNDAMENTOS PARA POLÍTICAS PÚBLICAS INCLUSIVAS NA EDUCAÇÃO

This article analyzes the relationship between the rights of people with Autism Spectrum Disorder (ASD) and the ethics of care, in the context of inclusive public policies aimed at education in Brazil. The main objective is to investigate how the ethics of care can influence the creation and implementation of policies that promote the inclusion and protection of the rights of autistic people, addressing issues such as equality, access to education, and the construction of a more inclusive society. In the functionalist society of social roles and utilitarian values, an essential contour to the dignity of the human person and its evaluative consectaries, embodied in constitutional norms, marks a hermeneutic criterion for the construction of a just, fraternal and solidary society. Emancipatory policies aimed at children with ASD imply the realization of social rights, emphasizing the maximum effectiveness of fundamental rights. Furthermore, the ethics of care in the social right to education of people with ASD, addressing concepts from Winnicott and Boff, and highlighting the importance of affection and recognition, envisage the overcoming of ethical models based on legalism and utilitarian culture, rewriting the history of fraternity to superimpose itself on the functionalism of risks and calculations in the plan of social engagement so recurrent in the society of statistics and budget.

O FENÔMENO DA MUTAÇÃO CONSTITUCIONAL: IMPLICAÇÕES DE SUA APLICABILIDADE NO ORDENAMENTO JURÍDICO BRASILEIRO COMPARADO AO ORDENAMENTO JURÍDICO ARGENTINO

This research addresses the analysis of Constitutional Change in relation to the Brazilian legal system compared to the Argentinian legal system. In this sense, it is essential to fail to investigate the possible conflict between the national sov- ereignty of the States involved in the research and the Inter-American System for the Protection of Human Rights. The problem centers on the possibility of there being a change in the appli- cation of constitutional norms without changes to their text and thus a significant change oc- curring that alters the life of society in a substantial way without the Constitution being changed. Constitutional mutation is supported by the condition of the evolution of the society that the constitution itself governs, that is, that the constitution does not need to change its text, an interpretation in accordance with the aspirations of that society is sufficient, since the Consti- tution of a nation It is nothing more than the will of the people.

LEGAL REGULATION OF THE APPLICATION OF POLITICAL CORRECTNESS IN PUBLIC SERVICE IN UKRAINE

The article analyzes the legal regulation of the use of political correctness in public service in Ukraine under modern conditions. At the beginning of the study, the prerequisites for the emergence and conditions for the implementation of the idea of political correctness are mentioned. The meaning of the concept of «political correctness» is revealed from different angles, taking into account what exactly is included in it and in what context it is used. It is indicated that the use of political correctness in the public service contributes to the establishment of contacts between different categories of persons, the formation of friendly and neutral relations, the strengthening of humanistic attitudes in society and the strengthening of the public's trust in the government (official apparatus). The main part of the article is devoted to the analysis of the normative consolidation of the idea of political correctness in international and domestic legal acts. It is found out, that the provisions of the studied international documents contain norms that indirectly regulate the issue of ensuring political correctness in the sphere of public administration and in other social spheres. There is no clear normative definition of the concept of «political correctness» in their provisions. It is established that the national legislation also does not contain a normative definition of the concept of «political correctness», but only establishes the principles of «discrimination-free barriers». These principles are laid down in Art. 24 of the Constitution of Ukraine. On the basis of the specified constitutional norm, legal acts detailing the application of political correctness in public service in Ukraine were adopted at different time intervals. At the end of the article, it is concluded that political correctness in the modern world is an important element of everyday communication, especially in the field of public administration. Political correctness is a standard of socially permissible and acceptable behavior of public officials when communicating with different groups (age, ethnic, sexual, etc.) of the population with the aim of preventing any oppression or humiliation of human honor and dignity, by using stylistically neutral vocabulary and non-verbal communication.

The norm of reasoning

ABSTRACT The paper presents and defends a new account of reasoning. Reasoning is essentially subject to a constitutive norm, the norm of following sufficient normative reasons. Instead of rule-following, following normative reasons is essential. After clarifying the view, three arguments in its support will be presented. They concern the scope of (correct) reasoning, the value of (correct) reasoning, and the relation between reasoning and treating a consideration as a reason. Two objections – concerning the knowledge norm of belief and cases of improperly treating a consideration as a reason – will be dealt with.

Historical Traditions and Values as Foundation of the Russian Legal System

The amendments in 2020 to the Constitution of the Russian Federation of 1993 were a decisive step towards strengthening sovereignty in the international arena and the reception in the Russian Federation of historical traditions and value attitudes characteristic of Russia in any historical form of its statehood. The unity of state ideology, which is directly prohibited in the chapter «Fundamentals of the Constitutional System» of the Basic Law of Russia, has become the subject of special attention of the developers of the text of constitutional novels due to the impossibility of amending chapters 1, 2 and 9. Additions and changes made to chapters 3‑8 positively influenced and significantly softened Art. 13 (part 3), but did not completely eliminate the problems and contradictions between constitutional norms and the objective need to restore the ideological sphere in the Russian state, before the growing aggressive expansion of alien values imposed by a number of unfriendly countries. The discourse taking place in the scientific community and at all levels of public power in the state on the issue of the invariability of chapters 1, 2 and 9 of the Constitution of the Russian Federation leads to the idea of the advisability of revising the current constitutional act in the future. At the present stage, positive prospects are noted in solving ideological, socio-economic, geopolitical and other problems, as well as developing an effective strategy in the field of national security of the Russian Federation, which is greatly facilitated by the updated and improved Constitution of the Russian Federation in 2020.

Understanding Constitutional Principles for the Advancement of Digital Rights in Palestine

Abstract Information and Communication Technologies raise new legal issues, risks and implications regarding the rights and legal protection of individuals in cyberspace. Constitutions generally protect basic rights and freedoms. Departing from the importance of constitutional protection concerning basic rights and freedoms, this article aims at assessing the constitutional and legal status of digital rights in Palestine, while considering the political and legal challenges. It studies the concept of digital rights and their protection in the Palestinian Basic Law, as constitutional norms. The article finally analyses the available constitutional remedies to address implications of the new and emerging needs to protect human rights in the cyberspace. The article argues that the existing constitutional principles should be understood broadly from a human-rights-centred approach to address risks and implications of technologies on human rights.

Państwo wobec kryzysu mieszkaniowego. Dylematy polityki mieszkaniowej

The article aims to outline the framework and the fundamental approaches to housing policy. The author formulates fundamental questions (with possible answers) concerning public intervention in the housing sphere, i.e. about its permissible scope and manner and the entity that should be entitled to intervene. He also discusses the issue from the perspective of constitutional norms and the public policy cycle.