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EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS
NICOLAE GRADINARU
Challenges of the Knowledge Society , 2012,
Abstract: The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.
The Constitutional Right Dimension of Civil Livelihood
民生问题的宪法权利之维

Zheng Lei,
郑磊

浙江大学学报(人文社会科学版) , 2008,
Abstract: Civil livelihood is a complex problem with multi-dimensions,which could be solved by normatively analyzing its internal structure through a"constitutional right-state obligation"device.In terms of the categories of constitutional rights,civil livelihood involves social rights, when liberal rights are also covered.Correspondingly,on the functions of constitutional rights,it mainly contains beneficial function when defensive function also exists.State obligation includes three aspects:assisting obligation,protection obligation and respect obligation.All this shows that the problem of civil livelihood needs a systematical consideration.
The American South: From Civil Rights Struggle to Civil Rights Tourism  [cached]
Dorit Wagner
American Studies Journal , 2012,
Abstract: In recent years the American South has become the platform for an authenticity seeking tourism industry. Former sites of civil rights action have been revived and transformed into tourist attractions. The following paper introduces the notion of so-called civil rights tourism and presents a critical analysis of current sites of civil rights commemoration throughout the American South.
Human Dignity – Constitutional Principle of Fundamental Human Rights  [cached]
Lucian Pop
Sfera Politicii , 2011,
Abstract: As a constitutional principle of the human rights, the human dignity is a supreme value, a norm and a right, thus that the reconfiguration of protection standards of fundamental human rights is made by cohesion of the legal, social and moral dimensions of human dignity. With this article, the author argues that legal meaning, social meaning and moral meaning of human dignity, are centerpiece of protection of freedom under law.
The Comparison of Constitutional Protection of Human Rights between China and South Africa  [cached]
Jian He
Asian Social Science , 2010, DOI: 10.5539/ass.v6n6p50
Abstract: Both China and South Africa are developing countries that have explored a road of constitutional protection of human rights which is accordant with its National Conditions and national characteristics. There are similarities and differences on constitutional protection of human rights between the two countries. Constitutional protection of human rights in South Africa is deeply influenced by western constitution. China's constitution puts special emphasis on regulations on obligation as well as emphasizes the fundamental rights of citizens. It is decided by the National Conditions and the practice for development in the two countries.
Some Comments on Chinese Constitutional LitigationSystem of Basic Rights of Citizens
我国公民基本权利的宪法诉讼制度探析

FEI Shan-cheng,
费善诚

浙江大学学报(人文社会科学版) , 2001,
Abstract: Constitutional litigation is a relief system of constitutional rights which safeguards the basic rights of citizens. The clauses on constitutional basic rights have direct validity over litigation. Constitutional litigation applies not only to government infringement of the basic rights of citizens, but also to all organizations and individual citizens as in the definitions of the traditional private law.
The Bill of Rights Debate in Australia - A Study in Constitutional Disengagement  [cached]
Bede Harris
Journal of Politics and Law , 2009, DOI: 10.5539/jpl.v2n3p2
Abstract: The Commonwealth (that is, federal) government of Australia has launched a National Human Rights Consultation process to determine whether current protection of human rights in Australia is inadequate and, if so, what measures should be taken to enhance human rights protection. The Australian Constitution protects only a few rights and contains no comprehensive Bill of Rights. The current debate is anti-theoretical and has been characterised by absolute faith in democracy and a misunderstanding of the nature of a Bill of Rights and what effect it would have on the relationship between the courts and the legislature. Lack of public knowledge about constitutional matters has been exploited by elements of the conservative press who oppose enhanced rights protection. The conclusion is that ultimately progress in relation to human rights depends on improved civics education.
Constitutional basis of the economic public order in chile  [PDF]
Teodoro Ribera Neumann
Law Review , 2013,
Abstract: Undoubtedly, the 1980 Constitution was deeply influenced by the painful experiences of Chile’s constitutional history in the financial field. Chile’s past political economy was characterized by a State that stifled private initiative, generated important arbitrary discriminations, intervened directly in economic activities through the creation of enterprises or indirectly through discriminatory laws, and so on.The new economic order restricts the State activity and seeks to prevent the implementation of an economic system based on State planning, such as the one that existed in Chile during the 70’s.The Constitution contains various provisions concerning the functioning of the State, which pertain to free enterprise freedom. It can be inferred from those provisions that the Constitution restricts State activity in order to prevent the implementation of an economic system based on State intervention or State planning. The existing constitutional rules are based upon the primacy of the individual and individual rights and freedoms, as the foundations for the constitutional system. These rules limit State power to a subsidiary role, according to which it may act only in cases when individuals or groups of people are unable or unwilling to act.
Human Rights Situation in Iraq and Kurdistan Region: Constitutional and Political Prospects  [PDF]
Jaafar H. Khidir, Sarhang H. Salih
Beijing Law Review (BLR) , 2014, DOI: 10.4236/blr.2014.54028
Abstract: This study, which deals with Human Rights situation in Iraq and Kurdistan Region during the last three decades, aims to discuss and analyze certain Human Rights issues, including civil, political and cultural rights as stipulated in the current Iraqi Constitution and reflected under the present political circumstances, making specific short references to Human Rights Education. As a descriptive analytical study, clear integrated legal and political materials are used to draw particular realistic conclusions about violations of Human Rights, as well as the contradictions between the content of the Constitution and what is happening within political developments’ process on the ground. In this regard, it seems that severe difficulties and serious challenges have reduced the capacity of Iraq and Kurdistan Region from building an efficient system for Human Rights which is able to enhance Human Rights issues and support Human Rights Education.
A for a jurídico-constitucional dos direitos sociais no estado constitucional / Legal and constitutional power of social rights in the constitucional state  [cached]
Osvaldo Ferreira de Carvalho
Revista Direito e Práxis , 2011,
Abstract: Resumo O artigo analisa a for a jurídico–constitucional dos direitos sociais ao constituírem, pois, verdadeiros direitos fundamentais, afirmando-se no caráter supremo, material e formal da Constitui o e traduzem-se juridicamente na vincula o de todos os poderes públicos à sua for a normativa, como também ao reconhecer-lhes aplicabilidade imediata e direta independentemente de interposi o legislativa. O princípio da aplicabilidade imediata dos direitos sociais fundamentais real a a for a normativa que eles detêm, prevendo tal princípio um regime jurídico específico endere ado a todos os preceitos constitucionais referentes aos direitos fundamentais, sejam direitos de liberdade (civis e políticos) ou direitos sociais. Portanto, compete aos poderes públicos conferir eficácia máxima e imediata de todo preceito de cariz de direito social fundamental. Palavras–chave: Direitos fundamentais; direitos sociais; for a normativa. Abstract The article examines the legal and constitutional power of social rights by setting up, therefore, genuine fundamental rights, stating in the supreme character, material and formal constitution and translate into legally binding on all public authorities to their normative force, as also to recognize their applicability regardless of immediate and direct legislative interposition. The principle of direct applicability of fundamental social rights emphasizes the normative force they exert, this principle by providing a specific legal regime that is addressed to all constitutional provisions relating to fundamental rights of freedom (civil and political) and social rights. Therefore, it is the government giving maximum efficiency and immediate nature of every precept of fundamental social right. Keywords: Fundamental rights; social rights; normative force.
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