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IMPORTANCE OF GRANTING TO THE CONSTITUTIONAL COURT OF GEORGIA THE AUTHORITY OF CONSIDERING THE “REALISTIC” CONSTITUTIONAL APPEALS

100%
Kuchukhidze A., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.
The Copernicus Journal of Political Studies
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2016
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issue 2
PL
On the basis of the current legislation in relation to the issues of the second chapter of the Constitution (Human rights), the Constitutional Court of Georgia considers only the issue of the constitutionality of the content of normative acts and considers the appeals as inadmissible where the violation of rights is derived not from the content of the norm but its misuse in practice. This approach extends as well to those cases when the violation of a person’s rights is caused by incorrect interpretation of the norm by the court and improper use in the process of legal correlation. The Georgian Legislation does not grant to the Constitutional Court the authority to consider the indicated issue. The indicated issue is a legal problem to the extent that the initial point of the democratic states is to defend the human rights and correspondingly, the primary goal of the constitutional control should be the restoration of the human rights violated by the state structures (authorities). However, the recent precedential law gives us a possibility to make the conclusion that the General Courts in a number of cases define the law contrary to the Constitution, and the Constitutional law is powerless to restore the right of the person whose right was violated by the action of the judge of the court. The aim of this article is to analyze advantages and disadvantages of real-life constitutional appeals and prove importance of granting to the Constitutional Court of Georgia the authority of considering the “realistic” constitutional appeals.
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Databáze InfoSoud a možnosti jejího využití: Ukládají soudy přísnější tresty po podání odporu proti trestnímu příkazu?

88%
Drápal J., Vávra J.
Česká kriminologie (Czech Criminology)
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2021
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vol. 6
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issue 1-2
1-25
EN
Official datasets are the most frequently used by sentencing scholars and the court system. Nevertheless, when investigating certain topics, researchers often have to merge these datasets with their own. We illustrate this approach by collecting and presenting a dataset containing detailed descriptions of court proceedings for all cases from 2006 onward (InfoSoud), which we then merge with the official criminal court dataset. This allows us to analyze which sentences are imposed after a protest has been filed against a penal order, i.e., a court order by which the accused is found guilty but is only subject to lenient penalties. Our findings reveal that although jurisprudence has long criticized the imposition of harsher sanctions following a contested penal order, it is still a rather common phenomenon. Many offenders who file a protest are either not found guilty or are given harsher sentences than those executable via penal order.
3
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Ideology in Modern Russian Constitutional Practice

88%
Rudt Y.
Acta Universitatis Lodziensis. Folia Iuridica
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2019
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vol. 89
161-177
EN
The article focuses on Russian constitutional ideology with overview of its historical preconditions and analysis of recent significant cases of the Russian Constitutional Court. There is a discussion of gay activist Alekseyev’s case and “foreign agents’ law” case in constitutional practice as most significant examples of positivistic way of legal reasoning. The paper argues that legal positivism through its form – legal formalism is the main ideology in the modern constitutional practice in Russia. This ideology is based on the assumption that constitutional justice can find social truth. German positivistic and Soviet Marxist views have strongly determined the modern Russian constitutional discourse.
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