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Journal Cover International Journal of Human Rights and Constitutional Studies
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   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
   Published by Inderscience Publishers Homepage  [434 journals]
  • Public spaces and the exercise of fundamental rights in Spain following
           the approval of the organic law for the protection of public safety
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 204 - 218
      Abstract: This study is primarily an analysis of Organic Law 4/2015, 30 March, of the protection of public safety as a paradigm of the stigmatisation of public disorder and political, cultural and social life on the streets, in the face of which it aims to achieve a kind of civic 'tranquility'. In the new public space 2.0, those who take their grievances and protests to the streets and public infrastructure, those who publish images 'without prior police authorisation', and even those who are simply trying to find a way to survive on the streets, are considered enemies of that 'tranquility'. Despite the undoubted improvement of the law's wording compared to the shameful draft, which came in for especially harsh criticism from the Prosecutorial Advisory Board and the General Judicial Council, this rule represents the translation of the premises of the most recent reforms of the Criminal Code to punishment under administrative law: the criminalisation of public spaces to impede the rise of 'the dangerous classes'.
      Keywords: state of law; fundamental rights; public safety; demonstrations; street protests; public order; Spain
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 204 - 218
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089721
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • Video surveillance, public space and fundamental rights
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 219 - 242
      Abstract: The massive presence of cameras in the public space is not neutral in terms of rights and freedoms. Insofar as we are addressing an increasingly panoptic public space, it is necessary to reconsider whether the guarantees of rights are sufficient, given that technological development means that today video cameras can obtain, track, process and disseminate information in a manner that, without the necessary guarantees, may become dehumanising. This paper contextualises video surveillance and the latest technological developments within the framework of the society of liquid surveillance and details the rights and freedoms that may be affected when the latter is employed in the public space. Finally, there is analysis of the legal treatment of video surveillance in the public space and space that is accessible but with private security and the shortcomings of legal systems.
      Keywords: video surveillance; fundamental rights; public space; drones; privacy; right to data protection; commissions of guarantees for video surveillance; public security and private security
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 219 - 242
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089723
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • The democratic function of education: how to solve some conflicts in the
           educational public space
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 243 - 263
      Abstract: The present paper aims at defining the public space of education in a democratic constitution, as well as its relationship with other public spaces. The function of the educational public space is to incorporate the pluralism and diversity that exist in society and other public spaces, in order to democratically reorient the exercise of fundamental rights back towards the public space. This paper endeavours to analyse some of the conflicts that have arisen within the educational field, both in Spain and in Europe, and tries to provide solutions to these conflicts from the basis of the democratic function fulfilled by education in the public space.
      Keywords: constitutional theory; democratic constitution; public space; pluralism; right to education; democratic education
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 243 - 263
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089720
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • (In)equality on grounds of sex/gender in the (welfare
           state's) public space
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 264 - 295
      Abstract: This work explores the relationship between inequality on grounds of sex and the public space. Gender studies have devoted particular attention to the separation between public and private spheres, which has <i>naturalised</i> the functions of men and women, thus, justifying the exclusion of women from the public sphere and the subordination of the private domestic sphere. But the private sphere may also be understood as personal autonomy for the exercise of fundamental rights. On the basis of this reading, there is a call for the incorporation of the gender perspective into the construction of the public space par excellence - the city, as a driving force for equality in the enjoyment of rights. Finally, there is a reflection upon the conflicts provoked by the exercise of various freedoms in the public or semi <i>public</i> space and their impact upon equality between men and women.
      Keywords: equality on grounds of sex; public space; women's rights to the city; right of admission; sexist advertising
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 264 - 295
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089726
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • Hate speech in public space: a view from the North American doctrine
           of clear and present danger
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 296 - 315
      Abstract: This study addresses the debate about the constitutionality of legislation outlawing so-called hate crimes starting from an analysis of some of the most significant decisions in the United States Supreme Court case-law, rulings which follow a famously different doctrinal model than the European guidelines and case-law in this area (which is that currently followed by the Spanish Criminal Code). The study also identifies the possibilities and difficulties of application that exist within US case-law around the use of the doctrine of clear and present danger in this matter. It is an analysis that shows us a theory which, on the constitutionality of such expressive behaviours, can, with seemingly impossible duality, work as an (inadequate) applied instrument of the doctrine of hate speech, and at the same time, function as a construction with the opposite theoretical approach. This is a paradox that can only be resolved by identifying and differentiating the various models within the theory of clear and present danger, which is frequently and erroneously conceived of and explained as a single model.
      Keywords: fundamental rights; freedom of speech; public space; hate speech; first amendment; clear and present danger test
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 296 - 315
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089722
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • Rethinking emergencies and constitutional rights in a time of terror
           threat in the Czech Republic: a need for recalibration of emergency law?
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 316 - 341
      Abstract: Nowadays, governments are facing several security issues endangering directly security of state and individual freedoms; one of them is terrorism. Accordingly, terrorism endangers not only national security but also a paradigm of modern constitutionality by pushing governments to meet the terrorist threat on its own playground. Ensuring security and ability to defend state and citizens is one of the essential functions of modern democratic state based on the rule of law and it is also presupposition of every state's sovereignty. One of the instruments serving to ensure and preserve security of state and individuals are emergencies. When facing terrorist threat, governments usually stand before a difficult question: Should constitutional safeguards be ignored, suspend or even removed in time of terrorist threat? Should we activate 'emergency powers' which enable governments to overcome crisis and restore state of normalcy? More recently, another interesting question closely linked with relationship between terrorism and emergency follows the surface: Should governments adopt special state of emergency law to combat terrorism or can they operate sufficiently with existing regimes of emergency? This dilemma will be addressed in the context of Czech legal order.
      Keywords: terrorism; constitutional rights; limitation; suspension; fundamental rights; security; emergency; state menace
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 316 - 341
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089724
      Issue No: Vol. 5, No. 3/4 (2018)
       
  • Modi's policy transition from Look East to Act East: a new
           initiative
    • Authors: Felix W. Baumann, Dieter Roller
      Pages: 342 - 360
      Abstract: Modi's policy transition from Look East to Act East is a strategic driver for India and establishing as a powerful player in the East Asian region. India has great opportunities in forging new relations in trade and cultural cooperation with East Asian countries. East Asia and South East Asia are priority areas for economic and strategic reasons. Modi tries to integrate Indian economy with entire world focusing Yoga and Buddhism as a dynamic and action oriented cultural diplomacy. India has been paying keen attention on South China Sea and in the region without interfering. Though Modi's 'Act East' is based on economic and to follow more diplomatic, strategic and security interest in East and South East Asia. India is trying to be a major regional power through soft power strategy building cooperation in terms of energy and security.
      Keywords: Look East; Act East; soft power; foreign policy; Xinjiang; China-Pakistan Economic Corridor; CPEC; One Belt One Road; OBOR; ASEAN; BIMSTEC; Silk Route
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 3/4 (2017) pp. 342 - 360
      PubDate: 2018-02-08T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.089730
      Issue No: Vol. 5, No. 3/4 (2018)
       
 
 
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