DSpace Community:https://www.klri.re.kr:9443/handle/2017.oak/91822024-03-29T09:32:59Z2024-03-29T09:32:59ZGerman Basic Rights Refined by the Case Law of the European Court of Human Rights - The development of Privacy and Self-Determination in German JurisprudenceJudith Janna Martenshttps://www.klri.re.kr:9443/handle/2017.oak/98012023-08-08T05:15:41Z2020-05-31T00:00:00ZTitle: German Basic Rights Refined by the Case Law of the European Court of Human Rights - The development of Privacy and Self-Determination in German Jurisprudence
Author(s): Judith Janna Martens
Abstract: The relationship between the European Constitutional Courts and the Eu ropean Court of Human Rights in the multilevel system of human rights protec tion has been discussed intensively. In fact, the ECtHR has a strong influence on
the German Constitutional Court and vice versa the ECtHR has been strongly
paid attention to the German jurisprudence. Gradually, a steady cooperation be tween the courts has been developed. The article will explain how German Basic
Rights were redefined by the case law of the ECtHR. The development of the
right of privacy and the right of self-determination under Article 8 ECHR and
the corresponding general right of personality in German law will illustrate the
impact of the ECtHR’s jurisprudence in German law. In this respect, the article
will discuss the cases Von Hannover v. Germany in order to show privacy pro tection against the media. Then, the case Koch v. Germany will clarify the scope
of self-determination regarding the right to die in dignity. Finally, the article will
argue that the ECtHR’s case law and the domestic jurisprudence are interwoven
in a complex system of human rights protection and that the cooperation of the
courts is substantial for an effective protection system of human rights in Europe.2020-05-31T00:00:00ZTensions between Domestic and International Law for Supremacy in UzbekistanAlisher UmirdinovAkhadjon Khakimovhttps://www.klri.re.kr:9443/handle/2017.oak/97952023-08-08T05:15:41Z2020-11-30T00:00:00ZTitle: Tensions between Domestic and International Law for Supremacy in Uzbekistan
Author(s): Alisher Umirdinov; Akhadjon Khakimov
Abstract: In their respective constitutions, Central Asian countries have boldly em braced international law and its universalist values. Uzbekistan, the most densely populated country of the region, is no exception. Consequently, one could expect that individuals may considerably benefit from the application and enforcement of international norms in domestic courts. Primarily, this paper seeks to clari fy this assumption and investigate the contentious issues between international and domestic law in Uzbekistan. The authors argue that while the country has performed remarkably through joining international organizations and through contracting or acceding to bilateral and multilateral treaties, numerous problems remain unresolved. Although Uzbekistan nominally adopts a monist approach to international law by giving it precedence over domestic law, in practice, however, the country is taking quite a similar approach to Western countries with common law jurisdictions when it comes to incorporating international legal norms into their respective legal systems. In many of the instances examined by the authors, the Oliy Majlis (Uzbek Parliament) adopted a particular statute to implement the international obligations of Uzbekistan. While this may be viewed a sound move to clarify the relationship between domestic and international law norms in the courts, low levels of awareness concerning international law among judges and the public, coupled with the reluctance of the Supreme Court to guide lower courts on such matters raise barriers towards the successful implementation of international norms in Uzbekistan.2020-11-30T00:00:00ZLegislating Education: Finding the Right Model…But Not in Sweden!Mauro ZamboniMaria Refors Leggehttps://www.klri.re.kr:9443/handle/2017.oak/97972023-08-08T05:15:41Z2020-11-30T00:00:00ZTitle: Legislating Education: Finding the Right Model…But Not in Sweden!
Author(s): Mauro Zamboni; Maria Refors Legge
Abstract: Law-making is always a difficult task: it involves forcing general models of behavior, which are normally supposed to be valid over time and space, upon a vast population of individuals and articulated organizations of human beings. This undertaking means that the activity of legislating implies forcing a general solution upon specific and often extremely differentiated individual situations; in the best-case scenario, this solution might be valid for a majority of individu als, but could definitely be troublesome for an extensive minority of the targeted population. If one looks in particular to the legislation on education, this “flaw” be comes even more tangible due to the delicate and specific nature of the field that the legislation is expected to regulate. First, formal education is the central component for modern society: at least in its advanced capitalistic form, the ap plicable motto is still “knowledge is power.” Second, despite its crucial role in society, legislating education is also difficult because the positions tend to diverge enormously in terms of how education and other fundamental components of contemporary society should be structured. By looking at the Swedish legislative example (and its failure), this paper illustrates the necessity of choosing the right model of legislative policy. The right model, as it will be argued in this paper, is one that moves the legisla tive law-making process closer to the direct target of the education, namely the students (and, to some extent, the teachers). More specifically, this reduction of distance between regulators and recipient should be done by opening the way for direct and increased involvement of the school administration in the creation of regulatory processes.2020-11-30T00:00:00ZFormation of the Foundations of E-Democracy in Uzbekistan: Current State, Approaches to Effective Interaction between the State and the CitizenAmanulla Zakirovch Mukhamedjanovhttps://www.klri.re.kr:9443/handle/2017.oak/98002023-08-08T05:15:41Z2020-11-30T00:00:00ZTitle: Formation of the Foundations of E-Democracy in Uzbekistan: Current State, Approaches to Effective Interaction between the State and the Citizen
Author(s): Amanulla Zakirovch Mukhamedjanov
Abstract: The article is devoted to the analysis of some theoretical and practical as pects of such a phenomenon as the system of interaction between the state and
the citizen in the Republic of Uzbekistan, as well as the consideration of the
grounds and conditions for the establishment of e-democracy, the importance of
administrative procedures and public services. The relevance of this article due
to the rapid digitalization of modern society and the development of e-democracy
at the state level. This supports forward and backward linkages between the state
and civil society, active participation of the population in the government. This
article analyzes the current state of e-democracy in Uzbekistan. E-democracy is
considered in the context of the process of increasing the participation of citizens
in the democratic management of state affairs, ensuring the transparency of the
activities of state bodies, as well as their interaction with the population. The
author notes that the elements of e-democracy are most visibly manifested in the
practice of interaction between the state and society.
Given the assessment of the state of development of e-democracy in the
country, the author made an attempt to consider the prospects for its further de velopment in Uzbekistan. Administrative procedures and public services are con sidered as instruments of interaction between the state and the population, in the
context of dialogue between the state and the citizen.2020-11-30T00:00:00Z