Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-1-0004
Sailaja Petikam
Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.
{"title":"EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE","authors":"Sailaja Petikam","doi":"10.47743/rdc-2021-1-0004","DOIUrl":"https://doi.org/10.47743/rdc-2021-1-0004","url":null,"abstract":"Every human being should enjoy right to life. Article 21 of the Indian Constitution as well \u0000as under article 3 of International Convention Universal Declaration of Human \u0000Rights, 1948, guaranteed the right to life. Every aspect of right to life has been \u0000always subject to consideration of judiciary and depend upon the facts and \u0000situations. Right to die is also claimed under this head. Euthanasia is interpreted \u0000as 'mercy killing' or 'good death'. It is advocated that there are different \u0000situations in which it should be allowed to the person to let him choose his \u0000death in place of compelling him living alive. There are different approaches in \u0000this regard which either opposes the grant of mercy killing or denies to grant \u0000the death as right to die due to some causes. Everyone has the right to live \u0000dignified life according to his wish being living into certain limits and it is \u0000expected that a human being should struggle also in adverse circumstances \u0000around him. He should not lean in front of the situations. The Indian culture \u0000gives us such teachings. Hindu religion believes in the eternity of soul. Death is \u0000only the way to change a body. The soul never dies, it is eternal. Muslim religion \u0000also believes that life should be finished only upon the wish of Allah, it \u0000condemns the unnatural ending of life. But in present society in some situations, \u0000it is defended that the person should have the right to choose death. Thus, in \u0000this context the paper concentrated on the law of euthanasia in India in a \u0000legislative perspective and judicial interpretations on euthanasia.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132618666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-2-0009
Tejas Hinder
{"title":"The right to life and the marginalized community in India","authors":"Tejas Hinder","doi":"10.47743/rdc-2021-2-0009","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0009","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133218622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-2-0003
K. Margaritis
Freedom of religion is a fundamental right of significant importance. Religion or any other belief of similar nature is an integral part to the personality of every person. This being the case, freedom of religion has been aptly described by the European Court of Human Rights as one of the foundations of a democratic society. The impact of religion is a matter of the state-church relations model adopted in each case; a model largely based on social and historical factors. In this paper, the case of the Netherlands will be presented with reference to its constitutional system of protection of religious freedom.
{"title":"Freedom of religion in the Constitution of the Netherlands","authors":"K. Margaritis","doi":"10.47743/rdc-2021-2-0003","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0003","url":null,"abstract":"Freedom of religion is a fundamental right of significant importance. Religion or any other belief of similar nature is an integral part to the personality of every person. This being the case, freedom of religion has been aptly described by the European Court of Human Rights as one of the foundations of a democratic society. The impact of religion is a matter of the state-church relations model adopted in each case; a model largely based on social and historical factors. In this paper, the case of the Netherlands will be presented with reference to its constitutional system of protection of religious freedom.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116603458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2022-2-0003
Arushi Bhagotra, Tejas Hinder
{"title":"DOBBS V. JACKSON: A CONSTITUTIONAL BREAKDOWN","authors":"Arushi Bhagotra, Tejas Hinder","doi":"10.47743/rdc-2022-2-0003","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0003","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125780857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-1-0008
Marieta Safta
Violation of human dignity by failing to regulate guarantees to accompany the adjudication of incapacity. A protective measure such as the adjudication of incapacity must be established only as an ultima ratio, since it is of extreme seriousness, involving the loss of civil rights as a whole. Each time, it should be carefully analyzed, including whether other measures have proved ineffective to support the person’s civil capacity. Therefore, the State must not waive its positive obligation and must provide all necessary support to avoid such an extreme measure. (Decision no. 601 of 16 July 2020, published in the Official Gazette of Romania, Part I, no. 88 of 27 January 2021)
{"title":"THE CONSTITUTIONAL COURT OF ROMANIA (CCR): SELECTION OF CASE LAW JANUARY-JUNE 2021","authors":"Marieta Safta","doi":"10.47743/rdc-2021-1-0008","DOIUrl":"https://doi.org/10.47743/rdc-2021-1-0008","url":null,"abstract":"Violation of human dignity by failing to regulate guarantees to accompany the adjudication of incapacity. A protective measure such as the adjudication of incapacity must be established only as an ultima ratio, since it is of extreme seriousness, involving the loss of civil rights as a whole. Each time, it should be carefully analyzed, including whether other measures have proved ineffective to support the person’s civil capacity. Therefore, the State must not waive its positive obligation and must provide all necessary support to avoid such an extreme measure. (Decision no. 601 of 16 July 2020, published in the Official Gazette of Romania, Part I, no. 88 of 27 January 2021)","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126318623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2022-2-0005
Marieta Safta
{"title":"TO BE OR NOT TO BE SELF-RESTRAINT? THE ROLE OF THE CONSTITUTIONAL COURTS \u0000IN SHAPING THEIR POWERS AND THE CONSEQUENCES ON CONSTITUTIONAL REFORM","authors":"Marieta Safta","doi":"10.47743/rdc-2022-2-0005","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0005","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129225841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2023-1-0003
Manuela Maria NECHITA (cas. PUȘCĂ)
The concern to ensure uniform judicial practice is a priority for most EU Member States and is reflected in the regulation in national law of numerous and varied mechanisms for unifying case law, some formal or informal, others involving an administrative or contentious procedure. The present research proposes to identify the mechanisms of unification of judicial practice existing at the level of the European Union States and an analysis of them in relation to the institution of the appeal in the interest of the law regulated by the criminal procedural legislation of our country. At the same time, we consider the following methodological means: literature review, comparative and epistemological method.
{"title":"Instruments for unifying judicial practice in the European Union","authors":"Manuela Maria NECHITA (cas. PUȘCĂ)","doi":"10.47743/rdc-2023-1-0003","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0003","url":null,"abstract":"The concern to ensure uniform judicial practice is a priority for most EU Member States and is reflected in the regulation in national law of numerous and varied mechanisms for unifying case law, some formal or informal, others involving an administrative or contentious procedure. The present research proposes to identify the mechanisms of unification of judicial practice existing at the level of the European Union States and an analysis of them in relation to the institution of the appeal in the interest of the law regulated by the criminal procedural legislation of our country. At the same time, we consider the following methodological means: literature review, comparative and epistemological method.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121653617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2023-1-0006
Marieta Safta
{"title":"Relevant jurisprudence of the Constitutional Court of Romania","authors":"Marieta Safta","doi":"10.47743/rdc-2023-1-0006","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0006","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123011092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2023-1-0001
Reyes Rodríguez Mondragón
Modern democracies have developed affirmative actions as a way of dismantling conditions of historical inequality experienced by vulnerable groups and as a tool to include them in spaces where they are underrepresented. The diversity of objectives behind these measures has resulted in the development of a wide range of policies and institutions that can advance these actions, and consequently, citizens can now request their application through many different channels. In Mexico, many of the affirmative actions in the political arena emerged during the last decade, as an outcome of claims presented to the Electoral Tribunal of the Federal Judiciary. This practice has led to an increase in the number of cases submitted by these groups, situation which raises the question of whether this practice effectively responds to their claims or is merely a consequence of the social system’s failure to answer the quest for more representation. I will answer this question by using data to help visualize the ratio between an increase in cases related to affirmative actions and the number of rulings that have given place to more representation of these groups. Afterwards, I explain how an increase in the representation of vulnerable groups was made possible through an institutional course, which allowed this judicial scenario, as well as the type of rulings that have benefited political representation of these groups. The results of this analysis highlight how some disadvantaged groups have accomplished the protection of their representation rights through strategic litigation at the Electoral Tribunal, which, as a result, gave rise to tension among the Electoral Tribunal of the Federal Judiciary, political parties and the legislative branch.
{"title":"Affirmative action in Mexico: the role of electoral justice in the construction of a plural democracy","authors":"Reyes Rodríguez Mondragón","doi":"10.47743/rdc-2023-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0001","url":null,"abstract":"Modern democracies have developed affirmative actions as a way of dismantling conditions of historical inequality experienced by vulnerable groups and as a tool to include them in spaces where they are underrepresented. The diversity of objectives behind these measures has resulted in the development of a wide range of policies and institutions that can advance these actions, and consequently, citizens can now request their application through many different channels. In Mexico, many of the affirmative actions in the political arena emerged during the last decade, as an outcome of claims presented to the Electoral Tribunal of the Federal Judiciary. This practice has led to an increase in the number of cases submitted by these groups, situation which raises the question of whether this practice effectively responds to their claims or is merely a consequence of the social system’s failure to answer the quest for more representation. I will answer this question by using data to help visualize the ratio between an increase in cases related to affirmative actions and the number of rulings that have given place to more representation of these groups. Afterwards, I explain how an increase in the representation of vulnerable groups was made possible through an institutional course, which allowed this judicial scenario, as well as the type of rulings that have benefited political representation of these groups. The results of this analysis highlight how some disadvantaged groups have accomplished the protection of their representation rights through strategic litigation at the Electoral Tribunal, which, as a result, gave rise to tension among the Electoral Tribunal of the Federal Judiciary, political parties and the legislative branch.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116903300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-2-0005
Mihai Ştefănoaia
One of the major accomplishments of the Romanian society after the year 1989 was not only regaining the human dignity, the rights and liberties of the citizens, but also the free development of the human character and personality among the fundamental values which govern the Romanian state. The need that those values should be conferred a supreme force, has determined the legislator to mention them in the very first texts of the Constitution from 1991. Moreover, having acknowledged Romania’s international isolation at the time, the Constituent Gathering opened – by means of constitutional measures – its gates and created the premises for the integration in the international society, by among other things, guaranteeing the protection of the human rights and liberties in accordance with the international treaties to which Romania is a signatory party 1 .
{"title":"The influence of the Romanian Constitution and of the decisions of the Constitutional Court in the dynamics of he evolutionary process of criminal legislation","authors":"Mihai Ştefănoaia","doi":"10.47743/rdc-2021-2-0005","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0005","url":null,"abstract":"One of the major accomplishments of the Romanian society after the year 1989 was not only regaining the human dignity, the rights and liberties of the citizens, but also the free development of the human character and personality among the fundamental values which govern the Romanian state. The need that those values should be conferred a supreme force, has determined the legislator to mention them in the very first texts of the Constitution from 1991. Moreover, having acknowledged Romania’s international isolation at the time, the Constituent Gathering opened – by means of constitutional measures – its gates and created the premises for the integration in the international society, by among other things, guaranteeing the protection of the human rights and liberties in accordance with the international treaties to which Romania is a signatory party 1 .","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123709606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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