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RIGHTS AS TRUMPS AND BALANCING: RECONCILING THE RRECONCILABLE?
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Rights of nature and the indigenous Peoples in Bolivia and Ecuador: a Straitjacket for Progressive development Politics?
Published 2014-11-01“…Is it possible to justify resource extractivism to provide progressive welfare politics and still respect the constitutional rights of nature? The Indigenous concept of Sumak Kawsay on human beings living in harmony with each other and the environment is the fundamental framing of the new constitutions of Ecuador and Bolivia. …”
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Monitoring by the Ombudsman of Ukraine for compliance with the labor rights of civilians who have disappeared under special circumstances
Published 2024-06-01“…The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. …”
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Muito além da mestiçagem: anti-racismo e diversidade cultural nos governos Lula
Published 2010-01-01“…Politically, Lula administrations have taken important efforts for implementing constitutional rights concerning equality and cultural diversity. …”
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On the local self-government organisation in the public authority unified system
Published 2022-04-01“…A significant form of constitutional rights implementation by Russians is the institution of local self-government, which has an important role to play in the civil society formation. …”
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THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE
Published 2024-10-01“…The tragedy of Frankfurter is that he abandoned the constitutional rights and protections that he supported from his graduation from law school until he donned his robes. …”
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Indigenous communities and lithium extraction in Argentina: Juridification and action strategies
Published 2022-01-01“…Based on a study conducted in the communities of Salinas Grandes and Laguna de Guayatayoc between 2009 and 2019, we show that in the face of unfulfilled constitutional rights, indigenous communities have deployed a cumulative and complementary strategy based on their right to self-determination. …”
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About subjects authorized to carry out investigative (search) actions restricting the invalidity of the housing or other personal ownership
Published 2021-12-01“…Emphasis is placed on the fact that the form of domestic criminal proceedings enshrined in the current Criminal Procedure Code of Ukraine, built on the basis of constitutional principles of adversarial proceedings and equality of arms, has necessitated the introduction of delimitation of such concepts as "subjects of investigative (search) actions that limit the inviolability of the housing or other property of a person" from the general concept of "participants in investigative (search) actions" in order to prevent any violations of the constitutional rights of all participants in criminal proceedings by the authorities of criminal proceedings. …”
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The United States Supreme Court and Business Elites: Gilded Age Origins of Modern American Liberalism
Published 2014-02-01“…This was the result of the persistent efforts of lawyers for the corporate elite, who aimed to produced three changes: a tendency to equate regulation of business with confiscation of property; a trend toward expanding the constitutional rights afforded to corporations; and a reversal of the rule that economic regulation should be presumed valid. …”
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ANALYSIS OF FOREIGN EXPERIENCE OF INTRODUCTION OF THE SCHOOL DRESS CODE
Published 2016-12-01“…These requirements affect many important aspects and the principles of functioning of an educational system and all society in general: the observance of the constitutional rights of a child, including freedom of expression on grounds of gender; tolerance policy of intra school and state policy in the light of migration processes; problems of leveling of social and economic stratification of children, etc. …”
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The language of law as a unique direction of human communication (theoretical legal and philosophical reflections)
Published 2022-09-01“…Attention has been drawn to the fact that in foreign political and legal opinion, the statement is gaining more and more strength that if the goal of the law is really unlimited access of citizens to their constitutional rights to information and non-degradation of any gender, then the simplification of legal communication and gender-neutral writing should be its main goal.…”
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A conspectus of constitutional challenges associated with the dismissal of employees for social media-related misconduct in the South African workplace
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Bailing Out the Protester
Published 2024-08-01“…Furthermore, the disparate rates at which protesters of color are arrested and later imposed bail raises an equal protection concern, deterring people of color from expressing constitutional rights. Removing cash bail in limited circumstances associated with otherwise lawful protesting, measured reform may help alleviate some of the disparate risks involved with protected activity. …”
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Police Officers’ Presumption of Innocence: History, Contemporaneousness and Possibility to Implement into Ukrainian Legislation
Published 2021-09-01“…The expediency of introducing police officers’ qualification immunity (police officers’ presumption of innocence) is based on a number of arguments, in particular: police officers need qualification immunity to perform their professional duties: they perform important tasks that may require immediate decisions in stressful situations, but lack of qualification immunity may lead that police officers do not dare to act when it is most needed; lack of qualification immunity can lead to unjustified police trials, when judges and jurors can review decisions, may lead to significant budget expenditures; police officers do not have absolute immunity and can be prosecuted for violating clearly established constitutional rights, despite the perspective of the availability of qualification immunity; police officers should not be forced to apply “abstract law”, i.e. those provisions that are not explicitly provided in the current legislation, but follow from its provisions, to specific circumstances, we cannot expect from police officers to be scholars in law sphere and use legal arguments during the arrest; police officers should be able to act professionally without worrying about prosecution.…”
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To the question on the peculiarities of the legal regulation of labor relations in the martial law conditions
Published 2022-06-01“…On the territory of the country, in accordance with the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”, the legislator temporarily limited a number of constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law. …”
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Peculiarities of observing human rights in the conditions of emergency legal regimes caused by the pandemic
Published 2022-09-01“…Taking into account the peculiarities of the emergency situation, it is possible to limit the scope of human rights necessary to overcome the emergency situation, however, at the regulatory level, the list of constitutional rights and freedoms that may be limited and on what grounds should be clearly established.…”
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Legal regulation of inheritance relations under martial law
Published 2022-12-01“…It is indicated that legal regulation of inheritance relations under martial law requires consideration of the following issues: 1) temporary restriction of constitutional rights and freedoms of human beings and citizens and rights and legitimate interests of legal entities due to the threat of restriction, with indication of the duration of such restrictions; 2) assistance in the exercise of civil rights and fulfillment of civil obligations by participants to such relations. …”
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Can Jurors Disregard Inadmissible Evidence? Using the Multiphase Optimization Strategy to Test Interventions Derived from Cognitive and Social Psychological Theories
Published 2024-12-01“…Appeals courts repeatedly affirm instructions to disregard as a sufficient safeguard of defendants’ constitutional rights, despite research finding that jurors do not disregard when instructed. …”
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Review of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the legal re...
Published 2024-03-01“…No less important is the lack of motivation in distinguishing the right to freedom of peaceful assembly, administrative liability for violation of the use and exercise of this right from other constitutional rights, which significantly affects the application of administrative liability. …”
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