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State secret is a constitutional limitation reason for freedom of expression in Turkey. So I am looking for the laws or procedural legal principles which are balancing state secrets and human rights. I am searching laws about state secret privilege or state secrecy procedures.
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كنت اتمنى الإجابة على هذا السؤال
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Is there any constitutional or statutory provision ensring multiparty politics in your country? Or Is there any anti-floor-crossing law in your country? I need to run a comparative study on this.
Anti-floor-crossing laws restrict members of the parliament from voting against their party's stand.
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نعم صحيح هذا الشي الاحزاب هية المسيطر على خيرات البلاد
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The "Basic Feature" doctrine in constitutional law has its realistic origin in India. By the Kesavananda Bharati & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) no 135 of 1970) it got final face in India. But it was adopted in some other countries as well (like Bangladesh and Pakistan). It makes some parts of a constitution unamendable. The normal process of amending the provisions of the contitution doesn't apply for these parts. And this theory is distinct from the French concept of "Constitutional Block" (established by the Constitutional Council in the case of (71-44DC)). However, this basic feature doctrine basically protects the fundamental basis of the constitution, like governmental form, fundamental rights, directive principles or preamble, to some extent.
But one question remains,if you think that a balance between extreme rigidity and extreme flexibility is preferred then what is your view on imposing an extra layer of protection over some constitutional dictrines which have the features to be called as the basic feature of a constitution?
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Rigidity in the Constitution is a distinctive that politically ensures its supremacy and transversality
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On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Ruben
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The Curia of Hungary, as the highest instance judicial forum of the country, has the constitutional duty to harmonise the administration of justice within the Hungarian judiciary, mainly by means of rendering uniformity decisions. The Curia renders uniformity decisions in cases rasing issues of theoretical importance in order to ensure the uniform application of law within the Hungarian judiciary. Such decisions are binding on all Hungarian courts. The operative parts of uniformity decisions – as brief summaries – are accessible hereunder:
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Corruption in police departments: Undoubtedly subject matter is concerned with the government of the state but representation was submitted to the accountable public functionaries of state and senior rank officers in the state and when the aggrieved didn't get justice then he preferred to submit the application before the central government as justified in the federal system where central monitors the activities of the government through its agent i.e. governor and his office and this agent gives its report to centre that whether the government is running in accordance with the framework of the constitution or not? Consequently, the central government takes action in order to establish the machinery of the state in accordance with the framework of the constitution if the state does not support then centre may also take action against the government of the state. Here applicant is aggrieved with the lawlessness and anarchy in the state so wants to seek interference of the appropriate public functionaries in the matter against the unlawful step of the public functionaries of the state but incompetent staffs of the government of India habitually as made practice, sending the matter to state in the name that matter is concerned with the state government which is reflection of lawlessness, anarchy and chaos in the system. When our courts have been unresponsive, then where to seek justice a common man is a burning question?
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Nhrc filled case when police is failed to do it.
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Diffeent federations provide states with different levels of autonomy in what regard their capacity to frame their own constitutions and define their own constitutional rules. What differentiate federations in what concern this issue?
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I see three aspects which seem to be important in this issue: history, tradition and constitutional experience in the relations making between federation and states, provinces, regions etc. I believe that a real test of the autonomy of regions, provinces, states, etc. may be the way how are they provided by the constitutions of their federations to the powers and competencies to carry out activities falling within the scope of foreign policy. I see also three very representative examples which I’d like mention in this discussion: Switzerland, Germany and Russia. And this is not a random order.
For the first time the relationship resembling a federation with regard to Switzerland, we can talk after the Peace of Westphalia (1648). Very loose relationship 13 municipalities formed the nucleus of the Swiss federalist tradition. Only for a short while was the constitution of the Helvetic Republic (1798), which changed cantons into ordinary administrative units, and made Switzerland a unified and unified state in the form of Napoleonic solutions. But the constitutions of 1848 and 1874 restored the tradition of federalist solutions, which also adheres to the Swiss constitution in force. With this long tradition, the basic principle of mutual relations between Swiss cantons and the federation is the principle of cooperation and mutual support (Article 44). The cantons cooperate, in accordance with the Federal Constitution, in shaping the will of the Federation, in particular in lawmaking (Article 45). ). In the context of our interest, it is very distinctive that the cantons may, within the scope of their competence, conclude agreements with foreign countries. These agreements may not be in conflict with the interests of the Federation, as well as other cantons. Cantons are required to notify the Federation before entering into contracts. With lower level foreign cantons, the cantons can maintain relations directly. In other cases the relations of cantons abroad are held through the Federation (Article 56).
We will not find such solutions in the Constitution of the Federal Republic of Germany of May 23, 1949 (as of January 1, 2007). Although it is difficult not to notice the considerable autonomy of the German Länder on many issues, the constitution stipulates that the maintenance of relations with other states belongs to the Federation (Article 32). The German federal states may conclude agreements with other states within their legislative powers only with the consent of the federal government. This is undoubtedly the qualitative difference of German constitutional solutions in relation to those we would see in the case of Switzerland.
And last but not the least important case of the Russian Federation. The Russian Federation consists of republics, countries, districts, cities of federal importance, autonomous regions and autonomous regions (Article 5 of the Constitution of 12 December 1993). In the same article 5 of the Russian Constitution, we find somewhat paradoxical in this context the statement that the federal structure of the Russian Federation is based on its state integrity and unity of the system of state authority. Despite the fact that a number of constituent entities of the Russian Federation was in its constitution (Article 65) called autonomous republics and autonomous circuits, foreign policy and international relations of the Russian Federation, international agreements, war and peace issues, as well as foreign economic relations are exclusively within the scope of the activities of the Russian Federation (Article 71).
Of course tradition and history play very important roles in cases of Germany and Russia. Although in Germany we can legitimately talk about the inheritance and experience of the autonomy of their respective regions in different periods of history, we can certainly also note that they interfere with the fear of divisions or even divide the state into a number of smaller entities. Hence the limited German autonomy of foreign lands. It is difficult to judge how much the experience and heritage of the Nazi totalitarian state, which for some time was present in German history, has influenced this situation. In this dimension, Russia has similar traditions with the element of experiencing a strong, authoritarian and even totalitarian communist state. The differences in the attitude of the German and Russian Federation model to the issue of the autonomy of their components appear to be more interesting. But this is how I think about the topic for another debate.
Best regards!
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In order to reach proportional representation, the Belgian Constitutional Court ordered a redistricting so that every electoral district has at least 4 seats. Three districts with 2 or 3 seats were deemed too small to have genuine proportionality. (The case affected the Walloon regional parliament)
Are there similar court-imposed magnitude constrains in other countries using proportional representation?
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You are most likely to find something like that in a PR electoral system - but not one with the whole country as a  single constituency, of course. 
Aparently, "In 2002 the Swiss Federal Court ruled that the constitutional right of all citizens to a system of proportional representation is indeed violated if the constituencies are so small that there are too few seats to allow proportionality. " This is from somethng I found on the web - I attach it and leave it to you to follow up to find the case. 
There have been cases in Irland - where they have the single transferable vote PR system.  I attach another piece on that. 
But it is an issue in single-member constituency systems, of course. In the US, districting (for their first past the post) system is rigid in terms of size. There are several Supme Court cases on district boudaries and gerry-mandering. 
Some constitutions have somethng to say about aiming at electoral fairness. The Kenyan Constitution does - but a pretty weak provision. Article 89(5):
The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of—
(a)           geographical features and urban centres;
(b)          community of interest, historical, economic and cultural ties; and
(c)           means of communication.
(3)          The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—
(a)          forty  per cent  for cities and sparsely populated areas; and
(b)          thirty per cent for the other areas.
There is potential for a constitutional challenge to constituency size. 
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If yes - what about enforcement? Sanctions? 
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Can be interesting, the European Court of Human Rights had to assess a language test in PODKOLZINA v. LATVIA (9 april 2002, n° 46726/99) § 34: "... the Court concludes that requiring a candidate for election to the national parliament to have sufficient knowledge of the official language pursues a legitimate aim." (but in that case the Court condemned Latvia because the examination was not objective and fair)
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What I'm trying to do is to compare linguistically the text of constitutional law from some different countries. In order to facilitate this analysis, I need some databases or tools which contain German and English corpora, annotated by tags and parsings. I would also appreciate if anybody suggest me identical researches. Thank you.
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This is a very interesting request. Try visiting following web sites, I hope you'll find them useful.
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I am studying the impact of family relations between monarchs on their activity as state organs (diplomacy, peace-talks, business agreements, international treaties, and all other political activities).
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Hello Marcin, you may check the royal family in Spain:
I am not completely sure if that will answer your question, but it is true that they are quite active in diplomacy and business agreements.
Also, Juan Carlos I (the current king's father) was quite involve on such tasks. You have an example here: http://thediplomatinspain.com/en/el-rey-viaja-arabia-saudi-para-apuntalar-el-ave-medina-la-meca/
I hope that helps.
Regards,
Javier.
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For a talk I am shortly to give there on American constitutional government.
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I'm to give a talk about the administrative state under the United States Consttitution,and it would be helpful to have an understanding of the relationships between your PResident and the agencies or ministries that engage in regulation - the extent to which he can influence or even determine the actions they take.
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In some cases the government and the ruling regime might manipulate the democratic institutions of the country to its advantage, to stay in power for as long as possible, like enacting laws to that effect, utilizing the national media to direct the masses in specific direction etc.?
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The concept of state crimes against democracy, discussed in the symposium issue of American Behavioral Scientist, v53, n6, (2010) is a new formulation which attempts to capture situations in which state officials abuse their positions in order to achieve wrongful ends. Because the formulation is new and sexy, it may have pedagogical or shock value. But the notion of abuse of power is very, very old, and most states have laws that define and punish abuses of power. Michigan’s statute, MCL 15.342, is one example. The problem is not one of availability of legal instruments and doctrines to fight abuses of power. The problem is one of enforcement. In legal proceedings where powerful state officials have a strong enough interest in the outcomes of cases, they tend to exert improper influence over judges.
On this general subject, I recommend two books:
Mohandas K. Gandhi, The Law and the Lawyers, discusses the limits of remedies available in a legal system and gives advice on when it is better to seek change through social work rather than through the law.
Luther C. West, They Call it Justice: Command Influence and the Court Martial System, (1977), discusses the military court system in the United States and describes in detail how military commanders co-opt and intimidate military judges. The concept of “command influence” is intellectually fruitful. Volumes have been written about it in the context of US military law. The concept should be more widely explored and applied outside the narrow confines of US military law because corrupting pressures operate, and always have operated, in all legal systems, everywhere. The US military system is unique because practitioners in that system have put a name on the problem, and they constantly talk about it. In my view, “state crimes against democracy” cannot occur unless perpetrators expect immunity from punishment, and one way perpetrators engineer impunity is by exercising “command influence” over judges.