Judicial Reasoning & Legal Interpretation
The Natural Law in the Czech Civil Code
Natural rights, the system of private law, civil law, moral rights, sources of law, legal principles
The article is about the anchoring of the natural law and natural rights in the new Civil Code, Law no. 89/2012 Coll., Civil Code and presents a general overview of the importance and existence of natural rights today. Czech legislature's intention stated very briefly, what is the role of the new mooring natural rights of man, a broader context, it must be interpreted in accordance with current legal theories.
MUŠÁLKOVÁ, MARTINA
Barriers to the Provision of Services and Justification
Freedom to provide services; freedom of establishment; Services Directive; internal market; proportionality; public interest
The article examines restrictions on the freedom of establishment and the cross-border provision of services under EU law. It analyses prohibited and reviewable requirements under the Services Directive, together with the public-interest and proportionality standards governing their justification.
KOVÁCS, ILDIKÓ
A Brief Critical Analysis of the Application of the Doctrine of Self-Determination...
Self-determination; Iraqi Kurds; secession; territorial integrity; federalism; statehood
The article examines whether Iraqi Kurds possess a legal right to self-determination or unilateral independence under international and Iraqi constitutional law. It concludes that the Kurdish Region already enjoys extensive internal self-determination, although a unilateral declaration of independence would not necessarily violate international law.
ZEBARI, DILDAR FRZENDA ZUBER
Rule of Law: Constitutional Interpretation in China
Constitutional interpretation; rule of law; Chinese constitutionalism; constitutional review; National People’s Congress; judicialization
The article examines the historical development and institutional practice of constitutional interpretation in China. It analyses the role of the National People’s Congress, the limited judicial application of constitutional provisions, and proposals for a clearer interpretation procedure and specialized constitutional body.
LU, DA
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