The study focuses on the reservation clause in favor of the law as the main safeguard of the system of constitutional freedoms, namely the exploration of the meaning inferred from the references of the Constitution to the law in contemporary constitutional practice.
Indeed, in many cases, the Constitution links the enjoyment of freedoms with the laws it refers to in various ways. The prevailing perception, both in theory and particularly in case law, characterizes all these references as reservations in favor of the law, as well as the directive of the drafters to the common legislator to impose limitations on freedoms.
This interpretation no longer meets the practical needs for the functioning of the system of constitutional freedoms nor the theoretical foundations of Greek constitutional law. Constitutional history shows from the outset that in the modern Greek state, sovereignty has always belonged to the people, who arranged its exercise through the establishment of a Constitution.
The Constitution, among other things, secured the personal status of citizens and all persons located within the Greek territory. With the enactment of the current Constitution, issues related to the exercise of individual freedoms are gradually brought to the political and legal forefront.
Constitutional reality highlights both the significance of constitutional freedoms and significant difficulties in their effective enjoyment. Initially, the single-party and self-sufficient parliamentary majorities did not hesitate to adopt provisions that relativized personal or collective autonomy without convincing that they were fulfilling a purpose of general interest.
As an example, the constitutionality of laws relating to economic freedom, property, or that affected the freedom of expression or assembly has been intensely disputed, resulting in contradictory judicial decisions on these matters.
It thus appears that the parliamentary origin of the law does not always guarantee a favorable content for freedoms and that criteria must be identified to prevent legislative arbitrariness.
The right to free development of one's personality is set in contrast with the freedom of expression, science, or the religious freedom of other members of society, and courts are called upon to arbitrate the "conflict" between two formally equal freedoms.
The study proposes a new classification of the "reservations" in favor of the law, in order to highlight the specific meaning of each reference of the Constitution to the laws and records relevant guiding criteria for state bodies and particularly the courts.
Manufacturer
- Author
- Ifigeneia Kamtsidou
- Publisher
- Ekdoseis Sakkoula A.E.
- Type
- Law - Rights, Humanities, Political Sciences, Anatomy, Sociology
- Language
- Greek
- Subtitle
- As a restriction, guarantee and medium of freedoms
- Cover
- Soft
- Number of Pages
- 379
- Publication Date
- 2001
- Dimensions
- 17x24 cm
- ISBN-13
- 9789603015352
Important information
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