search query: @author Sinkovec, J. / total: 4
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| Author: | Sinkovec, J. |
| Title: | Constitutional protection of rights (starting points of the procedures ) |
| Journal: | Podjetje in delo
1995 : VOL. 21:5-6, p. 709-717 |
| Index terms: | |
| Freeterms: | law, constitutions, human rights, legal protection, legal state, criminal law, administrative law, Slovenia, symposia, Portoroz, 1995 |
| Language: | slv |
| Abstract: | Constitutional starting points for the enforcement of procedures are defined in the paper.The basic rule has been given by the definition of the legal, democratic and social state.The main demand is, that citizen in the proceedings remains subject, and that restriction of freedoms are possible only as regards composition.Therefore mainly systemic and teleological interpretation of the constitution is necessary.Problems of criminal proceedings, where major restrictions of constitutional freedoms occur, are discussed more in detail.The principle of proportional state measures regarding the purpose of law and the protected good is stressed here.The principle of the separation of powers and thus the limitation of the execution of power in standardization is discussed, too. |
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