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Register a new userConstitutional Protection of Procedural Environmental Rights
الحماية الدستورية للحقوق البيئية الإجرائية
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Aِl-Baath University ورقة بحثية
Publication date
2017
fields
Law
and research's language is
العربية
Created by
Shamra Editor
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بوجه عام تتوزع الأحكام البيئية الدستورية التي اعتمدتها دول العالم ما بين أحكام موضوعية تشرع لحق البيئة السليمة و أخرى إجرائية التي ستكون موضوع البحث تركز على الطرائق و الأساليب الواجب اتباعها عند اتخاذ القرارات ذات العلاقة بمسائل الحفاظ على البيئة و هو ما سيتم التركيز عليه و تناوله بالتفصيل.
Generally, the environmental constitutional regulations used by countries vary between objective ones made to legalize the right for a safe environment and procedural ones. This paper focuses on and analyzes the methods that must be used when making decisions related to environmental protection.
References used
القانون البيئي السوري رقم 12 لعام 2012م.
الأمم المتحدة الجمعية العامة, التقرير المتعلق بالاتفاقيات الإقليمية
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For as long as the media is a free call and women reflect the free expression of
opinion and freedom of the media has always been a manifestation of freedom
of expression and reflect the reality of the communities and cultures of peoples
which req
uires with the maintenance and protection of this freedom and
guarantee not threatened or compromised spontaneously, this protection
guarantee of media freedom and freedom of expression on the other , However
even transcend media freedom must be commensurate with its limitations
which requires him to establish a standard precise and fair balance between two
first right of individuals to express their views and ideas within the limits of the
law, is a constitutional right, The second interest is the State's right to hold both
hurts or harms the interests protected by law and reflected when opinions and
ideas highlighted by the media through the media are those that would
undermine rights and interests protected by law and devote her legal protection,
and search the criminal procedural protection of information would not only
maintain media freedom of wasted and reduce their value but would maintain
rights and interests protected by law of the media abuse.
The substantive constraints of privatization initially deal with the question of
whether a certain privatization is constitutionally permitted in the first place, or not,
because many countries like France, protect the public services by the provis
ions of
the constitution, and It is a common feature of constitutional texts that they include
provisions defining the main branches of government - the executive, the legislature
and the judiciary - and these provisions may be interpreted, that it would not be
possible to completely privatize this functions.
We reviewed in this research the People guarantees of rights
and public freedoms, whereas public opinion is an essential
safeguard against the tyranny of the ruling authorities or exit on the
legal rules, and the resistance of individuals to the t
yranny of the
ruling authorities is an important guarantee can be invoked as a
social reaction to the breach of the constitutional rule and
fundamental rights and freedoms, We concluded that the People
guarantees are necessary, Because the legal guarantees are just
relative guarantees, and can't guarantee the protection of a good
stand-alone force of constitutional rules, As a result, It isn't enough
for the maintenance of public rights and freedoms.
This paper seeks to compare how the administrative disputes are seen before the
Supreme Constitutional Court in relating to allegation of a Non-constitutional law or
regulation relates to adjudicate in the case seeing before the Administrative Cour
t or the
Supreme Administrative Court in Jordan and Egypt.
Therefore, this study aims to highlight how the administrative disputes are seen
before the Supreme Constitutional Court in relating to allegation of a Non-constitutional
law or regulation relates to adjudicate in the case seeing before the Administrative Court or
the Supreme Administrative Court.
It is true that prior to the enacting of the Administrative Justice Act No. 27 of 2014 ,
the Jordanian legislator used to deal with the High Court of Justice as one of the special
judicial authorities, which may raise the case of allegation of unconstitutionality directly,
similar to the Court of Cassation.
Unlike the substantive Court which sees the case, the Jordan legislator obliged it to
raise the allegation of unconstitutionality to the Court of Cassation. The Court of Cassation
will decide whether to raise the appeal of unconstitutionality or not.
As for the Egyptian context, Egypt depends on the law of the State Council No. 48 of
1979. This law 1979 entrusted to Court of Administrative Justice Administrative Court and
the Supreme Administrative Court to raise alleged unconstitutionality law directly to the
Supreme Constitutional Court.
لقد تمخضت عبر مراحل طويلة من الزمان من الاراء الفكرية والشرائع السماوية ولادة حقوق الإنسان أو بالاحرى الكشف عن حقوق ثابتة للإنسان
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