Rechtsstaat and Individual Rights in German Constitutional History

Gozzi, Gustavo

doi:10.1007/978-1-4020-5745-8_5

Cited by 10 publications

(3 citation statements)

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“…The principle of citizenship holds states accountable for ensuring that their citizens receive protection and fair treatment according to international human rights norms, regardless of their nationality. 27 this means that countries are expected to conform to global human rights expectations, irrespective of the specific rights outlined in their own national legal systems. 28 The citizenship principle obligates states to provide their citizens with the safeguards and equitable treatment mandated by international human rights standards.…”

Section: The Protection Of Individual Rights Is Kind Of State's Oblig...mentioning

confidence: 99%

Enforcement of Nationality Principle: A Basic Approach for Human Right Protection

Nurvianti,

Cahyani

2023

Ilrej

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This research is a study of international law principle, namely the nationality principle. This principle is generally used to support obligation of state to provide protection to its citizens wherever they may be. As international relations have evolved, the interactions of citizens with other countries have also increased, often resulting in citizens facing legal issues in foreign countries. In line with this, a review of references related to the protection of human dignity as a fundamental aspect of international law through the enforcement of the nationality principle was carried out. The research method used in this study is qualitative, involving an approach to regulations in the form of multilateral, regional, and even bilateral international agreements. This approach is further supported by conceptual interpretations of general legal principles and the resolution of cases related to the application of these principles. The study results show that the enforcement of the nationality principle is one form of human rights protection in international relations. This is based on respect for human dignity and is only applied to specific crimes, different legal systems among countries, and global peace and security within the context of healthy state relations as well. Therefore, this article provides recommendations for improving cooperation among states, including a review of extradition agreements between countries, where its implementation is incapacitated. Abstrak Penelitian ini berupa kajian terhadap salah satu asas dalam hukum internasional yakni nationality principle atau asas kebangsaan. Prinsip ini pada umumnya digunakan untuk mendukung kewajiban negara dalam memberikan perlindungan terhadap warga negara nya dimanapun mereka berada. Seiring berkembangnya hubungan antar negara sehingga interaksi warga negara pun semakin berkembang, seringkali berdampak pada warga negara berhadapan dengan hukum di negara lain. Maka sejalan dengan hal tersebut, dilakukan penelusuran referensi terkait perlindungan martabat manusia sebagai hal yang fundamental bagi setiap individu dalam persepktif hukum internasional melalui penegakan prinsip nationality. Metode yang digunakan adalah metode penelitian kualitatif, dengan melakukan pendekatan terhadap aturan berupa perjanjian internasional bersifat multilateral, regional bahkan bilateral, kemudian didukung dengan penafsiran secara konseptual terhadap prinsip hukum umum serta penyelesaian kasus-kasus yang berkaitan dengan penerapan prinsip-prinsip tersebut. Hasil study menunjukan bahwa penegakan terhadap prinsip kebangsaan menjadi salah satu bentuk perlindungan HAM dalam pergaulan internasional, hal ini didasari pada penghormatan terhadap martabat manusia, hanya diberlakukan pada kejahatan-kejahatan tertentu, system hukum yang berbeda antar negara, dan perdamaian dan kemanan dunia dalam konteks relasi yang sehat antar negara. Maka, artikel ini memberikan rekomendasi pada peningkatan Kerjasama antar negara salah satunya peninjauan Kerjasama perjanjian ekstradisi antar negara yang pada faktanya masih lemah dalam aspek implementasi.

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Section: The Protection Of Individual Rights Is Kind Of State's Oblig...mentioning

confidence: 99%

Enforcement of Nationality Principle: A Basic Approach for Human Right Protection

Nurvianti,

Cahyani

2023

Ilrej

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“…The constitutional law from normative understanding is distinct in that it confronts, regulates the political reality and provides a legal yardstick to measure public and political life in the nation. W. Kagi describes it as the framework of national supreme laws (Gozzi, 2007) while K. Stern defines it as supreme law establishing the principles that create the governmental system and public values (Borowski, 2003;Engel, 2001).…”

Section: Dual Facet On Epistemologymentioning

confidence: 99%

Knowing the Constitutional Law: A Lexicon and Epistemology on Korean Scholarship

Kim¹,

Borhanian²

2019

BLR

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The paper attempts to deal with the element of generic section within the Korean constitutional law. Although the translation of Constitution or case laws of Korea is available for the English-speaking scholarship, the typology and epistemology elaborated by legal scholars through texts or classroom have been entirely discrete and do not appear in academia globally. An earlier generation of scholars who had in mind to disseminate the basics of Korean law plays their part, and yet their work is outdated and needs to be amended such that foreign lawyers and academics can more readily be exposed to Korean law updated for contemporary discourse. The law is a social product and its language often has a repercussion with a great import concerning the court matters and legal scholarship as is apparent from the legal interpretation and work of annotators. An abysmal confusion inherent within the national jurisprudence surrounding its linguistic elements may be comparable to the chaos of the Babel tower when viewed within global legal scholarship. On the other hand, Korea has long been one of the rising states in terms of the national economy and diplomatic prestige. Under this backdrop, it became embarrassingly clear that an English version of legal scholarship on the basics of Korean law is necessary for peers working in jurisprudence and other interested scholars. This project may require an extensive period of time and energy along with other numerous areas of concern in Korean law. While the pioneers may already have initiated this kind of endeavor as mentioned, this engagement will hopefully aid in reworking the old versions of introduction works on Korean law. In this paper, I introduced a general overview of constitutional law over seven sections and entailed a reflexivity related with the introduction.

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“…English law, however, rather sticks to the Lockean idea of 'inalienable' subjective rights of individual citizens towards the government, with the latter being bound in its relation to its subjects by unwritten legal principles that do not essentially differ from those that bind ordinary citizens amongst each other. 38 Resisting a political theory that is conducive to administrative centralization, English law finally resolved conflicts between Crown and Parliament decidedly in favour of the latter, indulging in a long-standing English tradition of legislative and judicial supremacy instead of centralized rule by a government exempt from law, with the Crown belonging to the body politic rather than the other way round.39 An invented tradition, perhaps, but nevertheless a 'peculiarity of our polity' that is cherished by Dicey as a great accomplishment, a source of 'admiration or astonishment' for great foreign minds like those of Voltaire, De Tocqueville and Gneist. 40 In neglect of the unique position of the government as the sole wielder of public force, capable of unilaterally determining the legal position of its subjects, the Victorian England of Dicey has been described by some as a 'stateless society' lacking a legal framework that recognizes the commonwealth as something different from a private enterprise.…”

Section: Common Lawmentioning

confidence: 99%

Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance

Berge

2018

Eur. J. Comp. Law Gov.

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This article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law’s tradition of regarding public and private law as ‘two separated worlds’ is now outmoded, failing to live up to the present trends of ‘governmentality’ and ‘network governance’ determining the modern art of government. Subsequently, it argues that the holistic idea of English ‘common law’ as French law’s conceptual counterpart is equally outmoded, with its ideology of ‘self-government’ within a ‘stateless society’ being out of touch with an age of managerialism and ‘governmentality’ in which the state withdraws from society only to increase its grip on societal processes. Finally, it proposes a paradigm recently developed in Dutch doctrinal thought as an attractive theoretical framework for structural innovations that may contribute to a stable and legitimate system of modern European public law that attunes to its present context without being alienated from its central classical tenets – be it either those rooted in the French or the English tradition.

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Rechtsstaat and Individual Rights in German Constitutional History

Cited by 10 publications

References 0 publications

Enforcement of Nationality Principle: A Basic Approach for Human Right Protection

Enforcement of Nationality Principle: A Basic Approach for Human Right Protection

Knowing the Constitutional Law: A Lexicon and Epistemology on Korean Scholarship

Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance

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