12 research outputs found
Legal effects of acts of state power in the state of law
The legal order is the entirety of people's relationships in society that are identified and sanctioned by fair and legal norms. As a rule, the legal order itself means the unity or set of legal norms and behaviors of the subjects of the law in this context of natural and legal persons, according to those norms that define the notion of the juridical order. The legal order is carried out by its elements that are the legal norms and behavior of the people. Different social relationships are regulated by legal order. The legal order is carried out by two categories: the normative category and the factual category. The state of law presupposes the existence of independent jurisdictions, competent for resolving conflicts between different subjects, whether legal or physical, by applying at the same time the principle of legality derived from the existence of the hierarchy of norms and the principle of equality that contradicts any differentiated treatment of natural and legal persons. Institutions in the state of law relate to the rights and freedoms of citizens that represents one of the most important legal categories. Through this category the legal position of the citizen is defined in society, which means the liberal state in the 21st century. In the liberal state, the principle of the state of law must dominate all the subjects of the law, including the sovereign (parliament) who creates the laws, and the executive who applies them
The Interpretation of Law and Social Practice
The legal interpretation of the legal norm is important for the normal functioning of state bodies’ activity, respectively official persons, citizens and associations in the discovery of the will of the creator of legal norm. With other words, this process is an activity that is done by state bodies in the function of identifying the real meaning of the content of the legal norm. Interpretation in general, as a scientific-professional process, is an activity which explains the meaning of material phenomena with the purpose of their transmission. This material phenomenon is qualified as the carrier of the meaning that is presented by the sign. Therefore, for the interpretation of the right, respectively legal norm, the starting point is knowing the normative frame and then comes the analysis of its constitutional parts, the comparison other relevant laws and acts. When legal norms contain legal gaps, this entails the fact that these norms have to be interpreted, respectively clarified in order to give directly give their real meaning. In general, laws of logic are also subjected to interpretation, which require preliminary significant philosophical knowledge. In our positive law, respectively in the criminal code the implementation of law by analogy is not allowed. Continuing towards the implementation of the principle of legality, sanctions “nullum crimen, nulla poena sine lege”, which with other words means that no one can be sentenced for penal act, which is not predicted before in the positive paw and for which exists a sanction by the legal disposition. Therefore, analogy only serves in cases when we deal with legal gaps and this exclusively in civil cases, while solving cases with analogy is strictly forbidden in the criminal law
Gender representation in representive and executive bodies through constitutional quotes, legal and political parties
Gender representation in public institutions is an imediate goal in contemporary democracies. These efforts are being implemented through various forms of lobbying such as: international women's mobility for gender equality, international gender equality associations or through the definition of domestic legislation by applying constitutional, legal and party quotas for the representation of women in public institutions. Some states represent gender representation in executive and executive bodies with constitution, while others with laws. Gender representation in representative bodies through constitutional quotas is more advanced than gender mainstreaming in executive bodies. The efforts of women to be represented in public institutions through voluntary contributions from political parties have encouraged women to be an active part of public life through political parties. Today in the contemporary world, by establishing constitutional, legal or party quotas, a sufficiently satisfying percentage of female gender has been actively integrated into public institutions, gaining mandates of MPs in representative bodies as well as senior positions in government and other bodies executive. Through affirmation of female gender representation in public institutions in some countries of the world we have: Speaker of Parliament, President of the State, Prime Minister and Political Party Leaders.The focus of our work is the manner and level of representation of women in representative and executive bodies through constitutional, legal and party quota
Gender Representation in Representative and Executive Bodies through Constitutional Quotes, Legal and Political Parties
Gender representation in public institutions is an immediate goal in contemporary
democracies. These efforts are being implemented through various forms of lobbying such as:
international women's mobility for gender equality, international gender equality associations or
through the definition of domestic legislation by applying constitutional, legal and party quotas for
the representation of women in public institutions. Some states represent gender representation in
executive and executive bodies with constitution, while others with laws. Gender representation in
representative bodies through constitutional quotas is more advanced than gender mainstreaming in
executive bodies. The efforts of women to be represented in public institutions through voluntary
contributions from political parties have encouraged women to be an active part of public life through
political parties. Today in the contemporary world, by establishing constitutional, legal or party
quotas, a sufficiently satisfying percentage of female gender has been actively integrated into public
institutions, gaining mandates of MPs in representative bodies as well as senior positions in
government and other bodies executive. Through affirmation of female gender representation in
public institutions in some countries of the world we have: Speaker of Parliament, President of the
State, Prime Minister and Political Party Leaders. The focus of our work is the manner and level of
representation of women in representative and executive bodies through constitutional, legal and
party quotas
The Interpretation of Law and Social Practice
The legal interpretation of the legal norm is important for the normal functioning of state
bodies’ activity, respectively official persons, citizens and associations in the discovery of the will of
the creator of legal norm. With other words, this process is an activity that is done by state bodies in
the function of identifying the real meaning of the content of the legal norm. Interpretation in
general, as a scientific-professional process, is an activity which explains the meaning of material
phenomena with the purpose of their transmission. This material phenomenon is qualified as the
carrier of the meaning that is presented by the sign. Therefore, for the interpretation of the right,
respectively legal norm, the starting point is knowing the normative frame and then comes the
analysis of its constitutional parts, the comparison other relevant laws and acts
The Concept Of Public Services In The State Of The Law
At the beginning of its development, public service’s object of regulation was the social issue, which was very present. In this period, public service included mutual aid of poor people, providing their food and placement. But later, social protection was set at the level of health care. For this reason it was even considered that the genuine public service is the service of public health care. Because of this it experienced a conceptual rebirth, meaning the creation of a larger number of public services that have fulfilled population’s needs as well. The state and collectivity have defined the objective and social interests, but in all cases, the services were done by social collectivities. Many other functions, not only social, were transformed like this in public rights that were realized through public services. Despite this the continuity in action is also required, meaning that the general interest should always be protected with public services activities
Legal Effects of Acts of State Power in the State Of Law
The legal order is the entirety of people's relationships in society that are identified and
sanctioned by fair and legal norms. As a rule, the legal order itself means the unity or set of legal norms
and behaviors of the subjects of the law in this context of natural and legal persons, according to those
norms that define the notion of the juridical order. The legal order is carried out by its elements that are
the legal norms and behavior of the people. Different social relationships are regulated by legal order.
The legal order is carried out by two categories: the normative category and the factual category.The
state of law presupposes the existence of independent jurisdictions, competent for resolving conflicts
between different subjects, whether legal or physical, by applying at the same time the principle of
legality derived from the existence of the hierarchy of norms and the principle of equality that
contradicts any differentiated treatment of natural and legal persons. Institutions in the state of law
relate to the rights and freedoms of citizens that represents one of the most important legal categories.
Through this category the legal position of the citizen is defined in society, which means the liberal
state in the 21st century. In the liberal state, the principle of the state of law must dominate all the
subjects of the law, including the sovereign (parliament) who creates the laws, and the executive who
applies them
The Legal State and its Features in Modern Times
The focus of this study is the legal state in the modern times. Legal state is computed with
independent judiciary, independent judiciary is an institution of a democratic and legal state that should
provide citizen’s protection from power’s arbitrariness, efficient protection of human’s rights and
freedom, as well as the objective arbitration of courts, in choosing public and private contests. As a
rule, human’s rights and freedom are guaranteed and as such they are a main precondition to guarantee
human’s dignity, within a communion like state. Human’s rights and freedoms regulate the relations
between the citizen and the society as a whole. This research has been conducted using secondary data
drawn from a diverse pool of sources that have high credibility