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Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon Feb 2011

Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Brazil has approved an Election Law known as "clean record" or "clean political career" Act (LC 135, 04/06/2010). This Act establishes ineligibility cases designed to prevent public administration against non ethical practices. It raises several constitutional troubles because it restricts basic civil rights of citizens not yet definitively condemned by the Courts as well as it has entered into force without respecting the minimum period required by art. 16 of the Constitution. Moreover, it does not respect the non-retroactivy rule, since it interferes with political rights of citizens from two years before its entry into force. There is, as seen, …


Роль Решений Конституционного Суда Российской Федерации В Развитии Институтов Избирательного Права, Leonid G. Berlyavskiy, Nickolay Taraban Dec 2010

Роль Решений Конституционного Суда Российской Федерации В Развитии Институтов Избирательного Права, Leonid G. Berlyavskiy, Nickolay Taraban

Leonid G. Berlyavskiy

Сonstitutional Court of the Russian Federation though is not directly judical body under the permission of the electoral disputes, makes essential impact on the electoral process by adjustment of "game rules" on the electoral field, the constitutional estimation of existing clauses of the suffrage. Constitutional Court of the Russian Federation during its activity influences on the process of lawmaking in the field of the suffrage both on federal, and on regional levels