Рarties to constitutional proceedings as subjects of proof
نویسندگان
چکیده
In conditions of concentrated review, the specificity constitutional proceedings leads to a limitation limits maneuvers provided participants in judicial process. Although subjects process can be defined as real parties, their function remains limited. The existence dispute explains and justifies development an adversarial procedure that imitates general principles procedural law applied ordinary courts. Constitutional justice has both subjective objective consequences. As result, appears place indirect protection Constitution, where individualistic concerns parties are mixed with common good. Naturally, first affected by this duality. Their action is primarily aimed at personal interests, but it also gives judge opportunity ensure order. Thus, simultaneous presence interests interest ambivalent character disputes. impossible eliminate duality, been possible give priority dimension dispute. conflict between legal consonant process, origin driving force proceedings. response logic, founder legislator tried recreate before courts for parties. For purpose, texts define persons bodies have right participate consideration case, taking care appointment opposing interests. Whatever field, always takes form confrontation, struggle help arguments. From point view, trial really confrontation directed procedure. Proceedings arena organized two claims. follows model. It should recognized specifics require certain adaptations principle competition, they do not go so far structural element namely opposition disputes, contradiction divergent interpretation Constitution.
منابع مشابه
Public Consensus as Constitutional Authority
Barry Friedman's new book The Will of the People attempts to dissolve constitutional law's countermajoritarian difficulty by showing that, in practice, the Supreme Court does only what the public will tolerate. His account succeeds if "the countermajoritarian difficulty" refers to the threat that courts will run the country in ways that contravene majority preference, but not if the "the counte...
متن کاملthe differential effects of debate and media analysis as relate to enhancing efl learners critical thinking ability and writing performances
critical thinking ability has an important role in education. accordingly, scholars around the world are searching for new ways for teaching and improving students critical thinking ability. in line with the studies in efl contexts supporting the positive relationship between critical thinking and writing performances, this study investigated the differential effects of halverson’s critical thi...
15 صفحه اولPrevalence of Metabolic Syndrome according to Sasang Constitutional Medicine in Korean Subjects
Metabolic syndrome (MS) is a complex disorder defined by a cluster of abdominal obesity, atherogenic dyslipidemia, hyperglycemia, and hypertension; the condition is recognized as a risk factor for diabetes and cardiovascular disease. This study assessed the effects of the Sasang constitution group (SCG) on the risk of MS in Korean subjects. We have analyzed 1,617 outpatients of Korean oriental ...
متن کاملreplacement of certitude as to subject by authorized conjectural proof (amara)
although mohaghegh khorasani has raised the impossibility of replacement of certitude as to subject by authorized conjectural proof (amara) due to the impediment of conjunction in consideration; sheikh ansari, while rejecting the replacement of certitude as to attribute, has accepted the replacement of declaratory certitude. some islamic scholars believe in classification, according to the basi...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Naukovij vìsnik Užgorods?kogo nacìonal?nogo unìversitetu
سال: 2023
ISSN: ['2664-6153', '2307-3322']
DOI: https://doi.org/10.24144/2307-3322.2022.74.71