Suchergebnisse

Abstract
This article develops a discursive explanation of mixed constitution: mixed constitutional ideas and discourse generate mixed constitutional design and practice. On that base, it explores the nature, factors, and functions of the mixed constitution in Vietnam. The emergence of competing constitutional ideas (Confucian, socialist, liberal, universal) animates a constitutional discourse in which different actors adhere to different ideas. Consequently, the 2013 Constitution of Vietnam embodies a mixture of the ideas in its provisions on political institutions, economy, and especially human rights. The enforcement of the constitution induces competing claims to constitutional meanings. The mixed constitution is shaped by path dependency and global diffusion of constitutional ideas. It functions as the base to constrain ideational monopoly and widen the public discourse on constitutional development.

Philosophers such as Socrates, Plato, Aristotle, Hobbes, Locke and Marx, in the European context, and Dubois, Cabral, Fanon, and Ake, in the African political situation investigated and worked on modalities for constructing "the good political life" for human beings in a society with some success in the Occident and limited outcome in Africa. In the latter, the postcolonial period was marked by political competition over the control of the apparatus of power, the problems of human rights and political legitimacy, inter alia. Indeed, provisions were made in the constitution intended to assuage some of these conflictive problems. One such measure was the respect for human rights. The purpose of this essay is to show, concisely, how African governments have not always implemented human rights instruments contained in their constitutions, and to suggest ways that they might, in order to further stability in the area.

This article seeks to define the relationship between constitutional norms and the articulation of the criminal law in the Colombian legal system. It develops a universal and descriptive systemic analysis of those superior provisions that turn into principles and foundations of the criminal codification. This seeks to clearly define how the constitutionalization of the legal system and the application of universal principles of international law influence both the factual and the theoretical nature of the criminal law. ; El presente artículo busca definir la relación existente entre la normatividad constitucional y la articulación de la ley penal en el sistema jurídico colombiano. En su desarrollo, se realizó un análisis sistémico universal y descriptivo de aquellas normas de carácter superior que derivan en principios y fundamentos propios de la codificación penal. Se busca con ello definir, de manera clara, cómo la constitucionalización del sistema jurídico y la aplicación de principios universales propios del derecho internacional, influyen en la naturaleza tanto fáctica como teórica de la normatividad penal.

The United States Constitution affirms that religious freedom is a fundamental human right regardless of religion. It is upheld by every citizen and the country. However, the political policies in a particular country are often considered to paralyze fundamental rights in religion, causing various problems in Muslim life at the social and political levels. This research aims to analyze the intersectional dynamic of religion, constitution, and Muslim human rights towards life and religious freedom in the United States. This qualitative research uses the lens of political approach. Primary data are taken from the United States Constitution and policies, and supported by secondary data from various books, scientific articles, and news. The results suggest that religious sentiment (Islam) is found in the political policies of the United States. Currently, unconstitutional and discriminative policies are gradually removed because it triggers the social and political chaos. The United States constitution strives towards a pluralist and multi-religious country rebuilding that is safe and peaceful for religion as guaranteed by the constitution. In fact, the public and political spaces have been occupied by many Muslims in an effort to resolve the problems of state and human rights, including the religious sentiment issues.