Browse

You are looking at 41 - 50 of 147 items for :

  • Criminal Law x
Clear All
Open access

Răzvan Cosmin Roghină

Abstract

The year 1991, the year when the current Romanian fundamental law came in to force, designed a constitutional moment built on profound political and societal emotions. These emotions pushed the Constituent Assembly in search of an answer, in the form of a solution, to the question „What do we not want?” The answer was: “An authoritarian president / chief of state!” Consequently, the position of the head of state in the political scaffolding received an increased attention. Unlike the Communist president, who exercised great powers, the new president was thought and designed antagonistic to his predecessor. He was reduced to a role of a simple mediator. However, more than 20 years after the fall of the communist regime, the “traditional” authoritarian personality of the president transcended - of course, not as pronounced as in the communist era - the finality of the presidential role and of the presidential attributions stated in the Constitution. As we shall see, the “player president” emerged and got confirmed by the Romanian Constitutional Court against the desideratum of the constitutional moment of 1991.

Open access

Daniela Cristina Creţ

Abstract

Ensuring access to justice for all litigants, whether individuals or legal persons, and the operation of the principle of equality for parties in a civil trial, involves, among other things, providing appropriate legal assistance, including by granting certain exemptions, reductions, or postponements in the payment of legal fees stipulated by law to those who do not have the financial resources to initiate and sustain a civil trial. Throughout the following we shall emphasise certain aspects of the right to legal assistance, as seen from the perspective of both domestic legislation, and certain European documents.

Open access

Saleh Al Shraideh

Abstract

Despite the large number of reservations registered by Member countries, making it one of the, if not the, most heavily reserved human rights treaties; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has managed to achieve a very high rate of states’ membership [1]. Currently, 187 countries out of the 193 United Nations Members are parties to CEDAW [2]. What is strange to digest, however, is the fact that the United States is one of the seven countries that are yet to ratify the Convention [3]. This article provides an insight into the position of the United States from the ratification of CEDAW. It examines the merits of arguments made for and against the ratification and their rationale to provide a better understanding that explains what is considered by many as a buzzling stand of the United States from the Convention.

Open access

Tuvya T. Amsel

Abstract

The polygraph is an instrument that detects, monitors, and records physiological responses that are allegedly of psychological origin and attributed to deception. Hence the human mind and its complex psychology are the core of the detected physical responses. However, the polygraph industry has almost entirely overlooked psychological issues in its training and publishing. The industry focuses its attention and interest on various technical aspects of the test such as e.g. scoring, rather than concentrating on what is most important, i.e. the examinee’s psychology, as it is responsible for almost the entire test result. The paper extensively explains the importance of examinee psychology and its influence on test outcome, points to the shortfalls in training and publication activity of the industry, and discusses the result and impact of the industry’s approach.