21

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Oblasť politiky
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Hong Kong: A Beijing-imposed security law?

11-06-2020

On 28 May 2020, the National People's Congress (NPC) of the People's Republic of China (PRC) authorised its Standing Committee to adopt a national security law for Hong Kong, bypassing the city's Parliament, the Legislative Council. The law, expected to enter into force prior to Hong Kong's legislative elections scheduled for September 2020, is likely to be a turning point for the city's 'high degree of autonomy' and a premature phasing out of the 'One country, two systems' model that was planned ...

On 28 May 2020, the National People's Congress (NPC) of the People's Republic of China (PRC) authorised its Standing Committee to adopt a national security law for Hong Kong, bypassing the city's Parliament, the Legislative Council. The law, expected to enter into force prior to Hong Kong's legislative elections scheduled for September 2020, is likely to be a turning point for the city's 'high degree of autonomy' and a premature phasing out of the 'One country, two systems' model that was planned to subsist for 50 years from 1997. The European Parliament is expected to debate a statement from the High Representative during the June plenary session.

Bolivia: A test for democracy

16-01-2020

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future ...

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future and could be an example for other countries in the region to emulate.

Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective - Canada

06-10-2017

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional ...

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. Essentially, while Canadian citizens benefit from a wide range of rights and proceedings, access to the country’s Supreme Court is restricted due to the limited number of cases the Court chooses to hear every year. More generally, access to justice continues to pose real challenges in Canada. This is not due to judicial failings or a lack of sources of rights per se, but rather to lengthy judicial delays and the often enormous costs of proceedings.

Externý autor

EPRS, Comparative Law

How Congress and President shape US foreign policy

30-03-2017

The United States Constitution regulates the conduct of American foreign policy through a system of checks and balances. The Constitution provides both Congress and the President, as the legislative and executive branches respectively, with the legal authority to shape relations with foreign nations. It recognises that only the federal government is authorised to conduct foreign policy; that federal courts are competent in cases arising under treaties; and declares treaties the supreme law of the ...

The United States Constitution regulates the conduct of American foreign policy through a system of checks and balances. The Constitution provides both Congress and the President, as the legislative and executive branches respectively, with the legal authority to shape relations with foreign nations. It recognises that only the federal government is authorised to conduct foreign policy; that federal courts are competent in cases arising under treaties; and declares treaties the supreme law of the land. The Constitution also lists the powers of Congress, including the 'power of the purse' (namely the ability to tax and spend public money on behalf of the federal government), the power to regulate commerce with foreign nations, the power to declare war and the authority to raise and support the army and navy. At the same time, the President is the Commander-in-Chief of the United States (US) army and navy and, although Congressional action is required to declare war, it is generally agreed that the President has the authority to respond to attacks against the US and to lead the armed forces. While the President’s powers are substantial, they are not without limits, due to the role played by the legislative branch. In light of the discussion of the foreign policy options of the new administration under President Donald Trump, this briefing specifically explores the powers conferred to conclude international agreements, to regulate commerce with foreign nations, to use military force and to declare war. It also explains how Congress performs its oversight – or ‘watchdog’ – functions with regard to foreign policy, the tools at its disposal, and the role of committees in the process.

Religious pluralism in Indonesia: Harmonious traditions face challenges

19-05-2016

A mosaic of cultures, languages and religions, Indonesia shares not only the EU's motto (Bhinneka Tunggal Ika, Unity in Diversity), but also many of its values, such as tolerance, pluralism and, since the 1998 downfall of former dictator Suharto, also democracy. With many other Muslim-majority states torn by conflicts and persecution of religious minorities, Indonesia stands out as an example of a country where different faiths are able to co-exist harmoniously. Despite this globally positive picture ...

A mosaic of cultures, languages and religions, Indonesia shares not only the EU's motto (Bhinneka Tunggal Ika, Unity in Diversity), but also many of its values, such as tolerance, pluralism and, since the 1998 downfall of former dictator Suharto, also democracy. With many other Muslim-majority states torn by conflicts and persecution of religious minorities, Indonesia stands out as an example of a country where different faiths are able to co-exist harmoniously. Despite this globally positive picture, there are some concerns about religious freedoms in the country. It is true that the rights of the largest minorities, such as the Christians and Hindus, are enshrined in primary and secondary legislation. On the other hand, blasphemy laws have been used to repress smaller minorities, and some recently adopted legislation reflects Islamic values. The wave of intercommunal violence which broke out after Suharto's downfall has since subsided, but occasional attacks continue against certain minorities such as Shia and Ahmadi Muslims. While the number of such incidents is very low for a country of Indonesia's size, they point to wider underlying intolerance. Over the years, the Indonesian authorities have not done enough to promote religious pluralism, sometimes showing bias against minorities. New president Joko Widodo made tolerance one of his priorities, and since he took office in 2014 his government has made some encouraging gestures. However, there are as yet no signs of real change on the ground.

Japan: Defence and security policy reform

22-01-2016

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the ...

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the end of the Second World War. This change was one of a series of reforms and initiatives, which included setting up a National Security Council, defining a national security strategy, adopting a law on classified information and revising the Principles on Arms Exports. The guidelines for cooperation with the US have also been revised. At the same time, Tokyo has begun to develop its military cooperation with other countries in the region. The purpose of these reforms was to make Japan an 'active contributor to peace' in a regional context overshadowed by Chinese ambitions and the growing nuclear threat from North Korea.