Essays about: "Constitutional Framework"

Showing result 11 - 15 of 55 essays containing the words Constitutional Framework.

  1. 11. “A Fatally Flawed System” : A critical investigation of the 2021 cases on the American Death Row where 11 people were executed

    University essay from Enskilda Högskolan Stockholm/Avdelningen för mänskliga rättigheter och demokrati

    Author : Linn Davrin; [2022]
    Keywords : Capital punishment; United States; Discrimination; Racism; Intersectionality;

    Abstract : The death penalty in the US has long been characterized by racist prejudices and mistakes. Previous research suggests that the majority of those executed are intellectually disabled people, black people and the poor. READ MORE

  2. 12. Money Talks: The potential of an EU financial conditionality mechanism linked to the rule of law

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Katarina Bungerfeldt; [2022]
    Keywords : EU law; constitutional law; rule of law; rule of law backsliding; conditionality; solidarity; corruption; article 7 TEU.; Law and Political Science;

    Abstract : Over the last decade, the status of the rule of law as a foundational value of the EU legal order has been questioned by the political developments in certain EU member states. Particularly Poland and Hungary have seen a rapid dismantling of central state institutions, in a process which has become known as rule of law backsliding. READ MORE

  3. 13. Speak No Evil, Hear No Evil, Do No Evil

    University essay from Lunds universitet/Mänskliga rättigheter

    Author : Romana Crgol; [2022]
    Keywords : Keywords: freedom of expression; far-right; Croatia; Sweden; European Court of Human Rights; constitutional protection; militant democracy; Law and Political Science;

    Abstract : Once again Europe is faced with the challenge to which extent should a democratic state act in a militant manner to combat threats to its democratic future. Croatia and Sweden, both the European Union and Council of Europe member states, are also facing the increased clash between the freedom of expression and the far-right expression that occurs in public debate, therefore, affecting the legislative framework throughout the produced case law. READ MORE

  4. 14. Proportionality in methodology? Identifying a methodological framework to provide acceptance and legitimacy for the CJEU

    University essay from Göteborgs universitet/Juridiska institutionen

    Author : Anton Orrenius; [2021-02-09]
    Keywords : methodology; proportionality; sound methodology; value of proportionality; methodological deficit; EU law; CJEU; methodology of the CJEU; Weiss; PSPP; German Federal Constitutional Court;

    Abstract : The Court of Justice of the European Union (CJEU) performs to different audiences in the pluralistic EU legal context. These different audiences demand methodological soundness in the Court’s performance. From their perspective, the judgments of the Court must appear coherent and justified. READ MORE

  5. 15. The Chilean Old-Age Pension System in Light of International Human Rights Law and the Inter-American Jurisprudence on the Right to Social Security

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Rafael Ignacio Numi; [2021]
    Keywords : Human Rights - Social Security - Pension System - Chile - Inter-American Court of Human Rights; Law and Political Science;

    Abstract : In the early 1980s, during the darkest years of Pinochet’s dictatorship, an apparently innocuous but radical decision was made: to implement an old-age pension system based on individual accounts mandatorily administered by private for-profit entities called ‘pension fund administrators’ (‘AFPs’, by its acronym in Castilian), in which the workers’ social security regarding old-age pensions was in practice totally dependent on their individual saving capacity during their working life. This was a completely novel system at that time, even at the international level, and part of a package of reforms allegedly directed to refound and modernise the country, deeply transforming the functions of the State and the role of the private sector, and causing a multiplicity of consequences felt until today in all possible areas of society and where, of course, human rights are no exception. READ MORE