scholarly journals State Funding of Religious Organizations in Georgia

2019 ◽  
Vol 22 ◽  
pp. 119-134
Author(s):  
Dimitry Gegenava
Keyword(s):  
Current Model ◽  
Case Law ◽  
State Funding ◽  
Religious Organizations ◽  
Constitutional Court ◽  
Orthodox Church ◽  
Preferential Treatment ◽  
Relevant Case ◽  
The Future ◽  
Secular State

This article aims to analyze the existing model of state funding of religious organizations in Georgia, taking into account its assumptions and nature and focusing on the problem of the preferential treatment of some religious organizations (especially the Georgian Orthodox Church). First, the key assumptions of funding religious organizations from public sources in Georgia are presented. Then, the article discusses the relevant case law of the Constitutional Court of Georgia. Finally, the challenges of the current model are identified, and some suggestions for the desirable changes in the system are made accordingly. It is argued that the future solutions in this area should respect the principle of secular state. The article concludes by indicating some possible European models that could be followed by the Georgian legislator.

scholarly journals Limitations to Freedom of Religion or Belief in Georgia: Legislation and State Policy

2020 ◽  
Vol 15 (1-2) ◽  
pp. 153-171
Author(s):  
Ekaterine Chitanava ◽  
Mariam Gavtadze
Keyword(s):  
Case Law ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Orthodox Church ◽  
Preferential Treatment ◽  
Religious Institution ◽  
Policy And Practice ◽  
International Human Rights ◽  
Relevant Case ◽  
International Human

Abstract This article demonstrates legal and non-legal limitations of freedom of religion or belief (FoRB) in Georgia, characterized by an absence of relevant case law of common courts about restrictions to FoRB with legitimate aims. Instead, the State is using various instruments for interference, such as administrative barriers and artificial obstacles for religious communities. In certain occasions, its policy and practice do not comply with the constitutional principles and international human rights commitments of the country. The State’s preferential treatment of the dominant and influential religious institution, the Georgian Orthodox Church, ostracises other religious communities. This is further aggravated by the attempts of securitising and weaponising FoRB.

scholarly journals Beyond the Binary: Towards a Third Sex Category in Germany?

2018 ◽  
Vol 19 (3) ◽  
pp. 627-648 ◽  
Author(s):  
Peter Dunne ◽  
Jule Mulder
Keyword(s):  
Gender Identity ◽  
Case Law ◽  
Case Note ◽  
Constitutional Court ◽  
Legal Recognition ◽  
The Future ◽  
German Constitutional Court ◽  
Progressive Potential ◽  
Domestic Law

This Case Note discusses the recent judgment of the German Constitutional Court (1 BvR 2019/16) requiring either the legal recognition of sex categories beyond male or female, or the aboltion of sex registration requirements. The Note considers the Court's decision within the broader constitutional case law on gender identity, and explores both the progressive potential, and the future—perhaps unforeseen—consequences, of the ruling. The Case Note proceeds in three sections. Section A introduces the facts of the constitutional challenge, and sets out both the submissions of the complainant, as well as the reasoning of the Constitutional Court. In Section B, the Case Note explores the domestic law novelty of the decision, placing particular emphasis on the application of a constitutional equality framework to persons who experience intersex variance. Finally, in Section C, the Case Note contextualizes the judgment, situating the reasoning of the Constitutional Court within wider movements for transgender—otherwise known as trans—and intersex rights.

Zur Entwicklung des Polizei- und Ordnungsrechts 2013 - 2019

2020 ◽  
Vol 53 (1) ◽  
pp. 99-118
Author(s):  
Hans-Heinrich Trute
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Advantages And Disadvantages ◽  
Technical Developments ◽  
The Future ◽  
Federal Constitutional ◽  
Digital Investigation ◽  
Principle Of Proportionality

The article provides an overview of the development of case law in the field of police law over the last six years. Against the background of selected aspects such as the differentiation of the central dogmatic figure of the concept of danger and, above all, the information based interventions of the police which have been shifted further and further towards an approach of precaution, the article analyses some important decisions of the Federal Constitutional Court and critically examines some aspects of the development as well as some important clarifications. However, it cannot be overlooked that case law continues to give the legislator very detailed specifications within the framework of the principle of proportionality, which can easily end up in a petrifaction of the circumstances, especially against the background of possible technical developments and possibly increasing needs for prevention. A considered look at the advantages and disadvantages of the future use of new digital investigation tools could open up new possibilities for the legislature beyond the existing solutions.

scholarly journals Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Anna Lucia Berardinelli
Keyword(s):  
Legal Protection ◽  
Indigenous Rights ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Relevant Case ◽  
Cardinal Point ◽  
Indigenous Land

Small part of entire Brazil’s national territory is already demarcated as indigenous land. It has been revealed that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court.

PRINCIPLE OF AUTONOMY IN LETTER OF CREDIT: MALAYSIAN PRACTICE

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Rosmawani Che Hashim ◽  
Ahmad Azam Othman ◽  
Akhtarzaite Abdul Aziz
Keyword(s):  
International Trade ◽  
Significant Role ◽  
Case Law ◽  
Huge Amount ◽  
Letter Of Credit ◽  
Relevant Case ◽  
Method Of Payment ◽  
Almost All

The term letter of credit (LC) is not uncommon in international trade as it is the most frequently used method of payment by seller and buyer in their sales contract. LC serves its significant role by facilitating payment between buyer and seller from different countries, who are always prejudiced towards each other on the issue of payment, especially when the deal involves a huge amount of money. By using LC, the seller and buyer will be represented by their own bankers whose function, among others is to issue an LC for the buyer and pay on presentation of seller’s documents which strictly comply to LC requirements. It is well-known that LC is governed by the principle of autonomy or also referred to as the principle of independence1 which indicates LC, being a contract of payment is totally separate from the underlying sales contract. Banks are concerned with documents only and not with the goods. LC transaction can be governed by the Uniform Custom and Practice for Documentary Credit, known as the UCP through express incorporation which provides the rules relating to LC matters and is adopted in almost all LC transactions. This paper discusses the nature, background and significance of principle of autonomy in LC transaction. In elaborating the provisions on the principle of autonomy in the UCP 600, comparisons between relevant articles in the UCP 500 are highlighted. The discussion also focuses on relevant case law and on the application of the autonomy principle in conventional and Islamic LC. The paper concludes with the finding that Malaysian bankers fully subscribe to the principle of autonomy as outlined by the UCP 600.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

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