The evolution of the right to a decent standard of living and its components from the 1923 Constitution to the present

The present analysis refers to the impact produced by certain crimes against the administration of justice, as an indirect consequence, by the unconstitutionality solutions of certain norms of the criminal procedure or the finding of noncompliance with the Fundamental Law of the content of the texts of other crimes. The analysis refers particularly to aspects related to the limitation of the scope of the potential active subjects of the crime of perjury, witnesses in criminal trials, as well as the expansion of the factual field of incidence of the incrimination of concealment. The actions specific to the insult were taken from the old criminal regulation, in the material element of the crime of "Breach of the solemnity of the meeting", even if it does not represent a priority protection of human dignity as a supreme value. This takeover certifies that the Romanian legislator has learnt a part of the arguments promoted by the Constitutional Court when upholding the unconstitutionality of the repeal of insult and slander. The increased emphasis on the role of the constitutional court, by the diverse range of the adopted solutions, is a reflection of the constitutionalization concept of criminal law that opens new perspectives on the valences of the decisions made by the Constitutional Court.

Authors

Institutions

Publication Details

Journal
Revista de drept constituţional
Published
2024-08-30
DOI
https://doi.org/10.62938/rdc-2024-1-0004
Primary Topic
Human Rights and Immigration
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The evolution of the right to a decent standard of living and its components from the 1923 Constitution to the present

Alexandru BAJDECHI
Revista de drept constituţional
Human Rights and Immigration
article

The evolution of the right to a decent standard of living and its components from the 1923 Constitution to the present

Alexandru BAJDECHI
article en

Abstract

The present analysis refers to the impact produced by certain crimes against the administration of justice, as an indirect consequence, by the unconstitutionality solutions of certain norms of the criminal procedure or the finding of noncompliance with the Fundamental Law of the content of the texts of other crimes. The analysis refers particularly to aspects related to the limitation of the scope of the potential active subjects of the crime of perjury, witnesses in criminal trials, as well as the expansion of the factual field of incidence of the incrimination of concealment. The actions specific to the insult were taken from the old criminal regulation, in the material element of the crime of "Breach of the solemnity of the meeting", even if it does not represent a priority protection of human dignity as a supreme value. This takeover certifies that the Romanian legislator has learnt a part of the arguments promoted by the Constitutional Court when upholding the unconstitutionality of the repeal of insult and slander. The increased emphasis on the role of the constitutional court, by the diverse range of the adopted solutions, is a reflection of the constitutionalization concept of criminal law that opens new perspectives on the valences of the decisions made by the Constitutional Court.

Revista de drept constituţionalVol. 2024(1)
Bucharest University of Economic Studies (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Human Rights and Immigration
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.