Constitutional Complaint Dalam Rangka Penegakan Hak Asasi Manusia di Republik Indonesia
The Constitutional Court exists to oversee the RI State Constitution contained therein and the protection of human rights enforcement. Protection of constitutional rights of citizens by the Court comes through constitutional review authority.
Solidaman Bertho Plaituka
doaj
Perlindungan Hak Konstitusional Masyarakat Hukum Adat Melalui Pembentukan Hukum
Indigenous peoples’ constitutional rights are still not being protected in both the normative and empirical fields. This is the outcome of legislation and government policies being implemented in disregard of the Constitutional Court’s decision.
Diya Ul Akmal +2 more
doaj +1 more source
The Political Constitution and the Political Right [PDF]
For many public lawyers in the UK, ‘political constitutionalism’1 is associated with the political left. Of course, few claim that there is a necessary and inevitable association.
openaire +2 more sources
Beyond the Adversarial Rivalry: A Developmental Rights‐Based Model for Minor‐on‐Minor Crime, Part 1
ABSTRACT When children harm children, the conventional victim–perpetrator framework is ill‐equipped to address the developmental, relational, and institutional complexities involved. While juvenile justice scholarship increasingly emphasizes rehabilitation, and victims' rights literature has advanced child‐sensitive protection, minor‐on‐minor offending
Tali Gal, Ruthy Lowenstein Lazar
wiley +1 more source
Why Constitutional Courts Back Death Penalty? Insights from Indonesia and South Korea
This article explores the paradoxical affirmation of the death penalty by the Constitutional Courts in Indonesia and South Korea, despite constitutional guarantees for the right to life and the fundamental right of human dignity.
Andy Omara, Faiz Rahman
doaj +1 more source
Beyond the Adversarial Rivalry: A Developmental Rights‐Based Model for Minor‐on‐Minor Crime, Part 2
ABSTRACT When children harm children, the conventional victim–perpetrator framework is ill‐equipped to address the developmental, relational, and institutional complexities involved. While juvenile justice scholarship increasingly emphasizes rehabilitation, and victims' rights literature has advanced child‐sensitive protections, minor‐on‐minor ...
Tali Gal, Ruthy Lowenstein Lazar
wiley +1 more source
Balancing, Proportionality and Constitutional Rights [PDF]
In the theory and practice of constitutional adjudication, proportionality review plays a crucial role. At a theoretical level, it lies at core of the debate on rights adjudication; in judicial practice, it is a widespread decision-making model characterizing the action of constitutional, supra-national and international courts. Despite its circulation
Giorgio Bongiovanni, Chiara Valentini
openaire +2 more sources
Decision Theory and Proof Standards for Future Crimes: Possible Uses and Open Questions
ABSTRACT What should be the proof standard for applying preventive criminal sanctions based on an establishment of risk of reoffending? This is an open question in legal systems around the world. Various authors suggest that we can answer it by using decision theory. This approach conceptualises the proof standard as a probabilistic threshold. A person
Hylke Jellema, Johannes Bijlsma
wiley +1 more source
Constitutional Court of the Republic of Croatia as guardian of human rights and fundanmental freedoms [PDF]
This paper in general deals with the constitutional legal position of the Constitutional Court of the Republic of Croatia and with constitutional lawsuit as a means of protecting human rights and fundamental freedoms.
Duška Šarin
doaj +1 more source
Embedding constitutional rights
This article details the concept of constitutional embedding and demonstrates its utility in four country-rights cases. Constitutional embedding refers to the process by which some understanding of constitutional rights comes to take root in everyday ...
Whitney K. Taylor
doaj +1 more source

