Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-1-0005
Asmita Patel
Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.
{"title":"CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD","authors":"Asmita Patel","doi":"10.47743/rdc-2021-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2021-1-0005","url":null,"abstract":"Modern fast-progressing society has brought advancements in science and technology \u0000touching almost all aspects of our cultural and social lives. Law enforcement is \u0000not an exception to it with DNA Profiling being a giant leap in investigation \u0000procedure. Despite wide application in law enforcement in many countries of \u0000the world, India does not have a standalone law regulating the application of \u0000DNA as a method of identification yet. Further, admissibility and reliability of \u0000DNA evidence is a debated issue and a comprehensive study of legislative and \u0000judicial discourse is necessary to appreciate its value and bring reformation in \u0000the regulatory framework. This paper firstly discusses the meaning and concept \u0000of DNA profiling including its significance and application in criminal and civil \u0000investigations. Secondly, the present legal framework in India concerning DNA \u0000Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the \u0000judicial approach towards evidentiary value of DNA Profiling is discussed. In the \u0000fourth part of the paper, the author has addressed the constitutional challenges \u0000to DNA profiling in India and provided suggestions and recommendations to \u0000make it more comprehensive and accountable. The paper concludes with the \u0000way forward in this legal reformative discourse around DNA profiling. \u0000The nature of research is doctrinal and both primary and secondary sources of \u0000data comprising of legislations, regulations, debates, research papers, journals, \u0000books, newspaper articles and judgments are relied upon by the author.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"16 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":"125291701","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-2022-2-0008
Andreea Costin
{"title":"THE ROLE OF THE LEGISLATIVE COUNCIL IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA","authors":"Andreea Costin","doi":"10.47743/rdc-2022-2-0008","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0008","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"18 Suppl 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":"125735340","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-2022-2-0001
Dan Claudiu Dănișor
{"title":"CULTURAL CONTEXTUALIZATION OF MODERN LIBERAL CONSTITUTION","authors":"Dan Claudiu Dănișor","doi":"10.47743/rdc-2022-2-0001","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0001","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"43 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":"127622247","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-2021-2-0002
Jairo Lima, Marieta Safta
During the pandemic, Brazil and Romania faced different problems regarding public authorities. While in Brazil there was an absence of a strong coordination against virus spread by the executive, because of the presidential denialism, in Romania there was the declaration of the state of emergency and, after that, the state of alert, imposing restrictions on the exercise of rights and freedoms. However, both countries shared the fact that human rights were under threat, either for action or for omission in that period. Therefore, the analysis of both courts in that context is crucial to understanding the protection of human rights in these jurisdictions.
{"title":"Responses to the COVID-19 pandemic from the Brazilian Supreme Court and Romanian Constitutional Court","authors":"Jairo Lima, Marieta Safta","doi":"10.47743/rdc-2021-2-0002","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0002","url":null,"abstract":"During the pandemic, Brazil and Romania faced different problems regarding public authorities. While in Brazil there was an absence of a strong coordination against virus spread by the executive, because of the presidential denialism, in Romania there was the declaration of the state of emergency and, after that, the state of alert, imposing restrictions on the exercise of rights and freedoms. However, both countries shared the fact that human rights were under threat, either for action or for omission in that period. Therefore, the analysis of both courts in that context is crucial to understanding the protection of human rights in these jurisdictions.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"76 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114089968","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-2021-2-0006
Ela Elezi
{"title":"Recent developments in Albanian Constitutional Justice","authors":"Ela Elezi","doi":"10.47743/rdc-2021-2-0006","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0006","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"2 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":"130650553","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-2016-1-0005
Migena Leskoviku
In this paper, have been treated some historical aspect about the establishment of the Constitutional Court, based on the Law no. 7191 of 29 April 1991 on the principle constitutional provisions. The Parliament adopted a new law – the Law no. 8577 of 10 February 2000 on the organization and functioning of the Constitutional Court of the Republic of Albania. During the activity of the Constitutional Court since its establishment in 1992, it has handled different kind of cases based on its competences, creating a rich and bold jurisprudence. An important place in this paper takes the Constitutional control exercised by Albanian Constitutional Court. The paper treats the evolution of jurisprudence of the Constitutional Court in Albania, to guarantee the principles of the constitutionality.
{"title":"Constitutional Court of Albania, the development of its jurisprudence to guarantee the principle of constitutionality","authors":"Migena Leskoviku","doi":"10.47743/rdc-2016-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2016-1-0005","url":null,"abstract":"In this paper, have been treated some historical aspect about the establishment of the \u0000Constitutional Court, based on the Law no. 7191 of 29 April 1991 on the \u0000principle constitutional provisions. The Parliament adopted a new law – the \u0000Law no. 8577 of 10 February 2000 on the organization and functioning of the \u0000Constitutional Court of the Republic of Albania. During the activity of the \u0000Constitutional Court since its establishment in 1992, it has handled different \u0000kind of cases based on its competences, creating a rich and bold jurisprudence. \u0000An important place in this paper takes the Constitutional control exercised by \u0000Albanian Constitutional Court. The paper treats the evolution of jurisprudence \u0000of the Constitutional Court in Albania, to guarantee the principles of the \u0000constitutionality.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"12 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":"128143501","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-2022-1-0001
T. Toader
{"title":"“Dialogue” of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability","authors":"T. Toader","doi":"10.47743/rdc-2022-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2022-1-0001","url":null,"abstract":"","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":"131170945","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-2021-2-0004
A. Niță
The goal of a quality legislation can be achieved only through the conjugated effort of all parties involved in the legislative procedure. And one of these actors is the Legislative Council – a consultative specialized organ of the Parliament, which has the constitutional mission of giving opinions on bills with the aim to systematize, unify and coordinate the entire legislation, as well as keeping track of the Romanian laws. Beginning with some brief historical accounts concerning the Legislative Council, the present study approaches the activity of giving opinions on legislative bills, it shows the legal regime of this activity as seen from the standpoint of the case law of the Constitutional Court of Romania and it invites reflection on the necessity to consolidate the role of the Legislative Council within the complex arrangement of the legislative mechanism.
{"title":"The Legislative Council – an advisory body of the Parliament ensuring the quality of the law, a main condition for the rule of law","authors":"A. Niță","doi":"10.47743/rdc-2021-2-0004","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0004","url":null,"abstract":"The goal of a quality legislation can be achieved only through the conjugated effort of all parties involved in the legislative procedure. And one of these actors is the Legislative Council – a consultative specialized organ of the Parliament, which has the constitutional mission of giving opinions on bills with the aim to systematize, unify and coordinate the entire legislation, as well as keeping track of the Romanian laws. Beginning with some brief historical accounts concerning the Legislative Council, the present study approaches the activity of giving opinions on legislative bills, it shows the legal regime of this activity as seen from the standpoint of the case law of the Constitutional Court of Romania and it invites reflection on the necessity to consolidate the role of the Legislative Council within the complex arrangement of the legislative mechanism.","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":"134396127","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-2020-2-0003
ANDREI-NICOLAE Popa
This article begins from the hypothesis that the state of emergency should be able to be established only for reasons of national security. The main argument is that a state of emergency should be established for causes of an exceptional nature and other than those for which the exercise of fundamental rights and freedoms is currently restricted. The content of this article demonstrates that the state of emergency is a defensive- offensive act through which the state temporarily suspends some legal institutions, replacing them with others, to protect the existence of the state itself (seen as population, territory, sovereignty), this being the supreme value. protected by such measures
{"title":"State of emergency for reasons of national security","authors":"ANDREI-NICOLAE Popa","doi":"10.47743/rdc-2020-2-0003","DOIUrl":"https://doi.org/10.47743/rdc-2020-2-0003","url":null,"abstract":"This article begins from the hypothesis that the state of emergency should be able to be \u0000established only for reasons of national security. The main argument is that a \u0000state of emergency should be established for causes of an exceptional nature \u0000and other than those for which the exercise of fundamental rights and \u0000freedoms is currently restricted. The content of this article demonstrates that \u0000the state of emergency is a defensive- offensive act through which the state \u0000temporarily suspends some legal institutions, replacing them with others, to \u0000protect the existence of the state itself (seen as population, territory, \u0000sovereignty), this being the supreme value. protected by such measures","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"6 4 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":"123739831","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-2018-1-0001
Dan Claudiu Dănișor
By starting from several principle considerations regarding the relations between the constituent power, the original and the derived constituent authority, I shall make a critical analysis of the limits of the power to revise the Constitution, such as they regulated in 1991 Constitution of Romania. The material limits of the revision raise certain problems in terms of necessity, clarity and, in the case of Republican form of government, of the validity of introduction into the legal system. The teleological limits which prohibit revisions that result in the suppression of fundamental rights and freedoms or their guarantees raise several definition problems, especially when the effect targeted by the constitutional interdiction is indirectly obtained. Finally, the limitation in exceptional situations betrays the lacunae of the Constitution of Romania in their definition, and in the case of the prohibition of revision in times of war, the contradictory historical experiences.
{"title":"Critical considerations regarding the limits of the power to revise the Romanian Constitution","authors":"Dan Claudiu Dănișor","doi":"10.47743/rdc-2018-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2018-1-0001","url":null,"abstract":"By starting from several principle considerations regarding the relations between the \u0000constituent power, the original and the derived constituent authority, I shall \u0000make a critical analysis of the limits of the power to revise the Constitution, \u0000such as they regulated in 1991 Constitution of Romania. The material limits of \u0000the revision raise certain problems in terms of necessity, clarity and, in the case \u0000of Republican form of government, of the validity of introduction into the legal \u0000system. The teleological limits which prohibit revisions that result in the \u0000suppression of fundamental rights and freedoms or their guarantees raise \u0000several definition problems, especially when the effect targeted by the \u0000constitutional interdiction is indirectly obtained. Finally, the limitation in \u0000exceptional situations betrays the lacunae of the Constitution of Romania in \u0000their definition, and in the case of the prohibition of revision in times of war, the \u0000contradictory historical experiences.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"8 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":"128316418","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：