Constitutionalizing Power: How Do Rules Legitimize the Executive?

Author(s): Ekaterina R. Rashkova / Language(s): English Issue: 2/2017

Reflecting upon recent political events, attention toward political legitimacy has been renewed within political science debate. However, the concept remains rather broad and elusive with few attempts to find a common way to measure it. An increasing number of scholars have recently examined the link between party regulation and political legitimacy. Building on this research, the current paper explores the role of regulation in legitimizing power. In particular, this project studies how rules endorse leaders. The paper discusses extant measurements of legitimacy and offers a new one. The new measure, Executive Legitimizing Index (ELI), is based on content analysis of constitutional texts in 30 European democracies and emphasizes the power that regulations give to the public to control the executive branch. The paper develops the index both conceptually and empirically and shows that there are significant differences in executive regulation among four pre-defined groups of democracies.

Institutional Design in Bosnia and Herzegovina

Author(s): Ljiljana Aulić,Zoran Kalinić / Language(s): English Issue: 4/2016

The authors of the paper have been studing the electoral engineering in Bosnia and Herzegovina, where the formal rules define the behavior of parties, politicians and citizens. In the first part of the hypothesis is tested whether the institutional design of Bosnia and Herzegovina contributes to the strengthening of democracy and its consolidation. We discuss the key dilemmas and challenges of the Constitution of BiH, as well as the electoral system where we've provided concrete examples of electoral engineering. In the second part of the paper the authors state the causes and consequences of electoral engineering in Bosnia and Herzegovina, where attention is given to the institutional design. The aim is to point out the necessary reforms of the electoral system, which is expected to reduce ethnic conflicts, the creation of democratic accountability, solving social problems, strengthening the will and confidence of voters, as well as increasing women's quota in institutions. At the end of the work we point out the solutions, with the intention that the work will serve and contribute the scientific knowledge of institutional design in Bosnia and Herzegovina.

Exercise of the Presidential Powers in the Slovak Republic in a Comparative Perspective (1999 - 2019)

Author(s): Peter Horváth,Peter Juza,Leon Richvalský,Marek Šafár / Language(s): English Issue: 1/2021

This article focuses at powers of the Presidents of the Slovak Republic during the period from 1999 to 2019. Therefore, the aim is to compare how selected constitutional presidential powers were exercised after the fundamental constitutional changes in 1999. The most significant change was by introducing direct presidential elections, and adjusting the President ́s constitutional status. The ways how the individual Presidents holding their office within this period, exercised their powers towards the Parliament, government, and the judiciary do form the basic research questions here. Hence, whether a personal background of individual Presidents and political reality of seats distribution in the Parliament predetermined their exercise of these powers, or if there were some other rules present when they exercised their office. The findings presented in this research reflect 20 years of continuous exercise of Presidential office in the conditions of the Slovak Republic. This ultimately leads to the conclusion that the function itself, as well as its constitutional definition, has affected the exercise of Presidential powers more ultimately than the personal background of these directly elected Presidents at the beginning of their terms of office. The very first President, Mr. Michal Kováč, got into a major conflict with then Prime Minister, Vladimír Mečiar, even during the first year after taking the office. This conflict lasted nearly for five-years and altogether with the inability of the MPs to elect his successor led to the necessity of amending the Constitution. Presidents Rudolf Schuster, Ivan Gašparovič and Andrej Kiska gradually took their office, but only the second mentioned had managed to defend his position in an electoral competition. At present, the office of President is held by Zuzana Čaputová, who has been in the office since June 2019 - as the very first woman in this position in history of Slovakia.

THE ROLE OF THE CZECH, SLOVAK, AND POLISH OMBUDSMAN DURING THE FIRST WAVE OF THE COVID-19 EPIDEMIC

Author(s): Ivan Halász / Language(s): English Issue: 3 (1)/2023

This article is focusing on the role of Ombudsman institutions in Central Europe during the Coronavirus crisis. Special attention is given to the Czech, Slovak and Polish case law and activities of the Ombudsman. Although similarities are verified in the structure, institutional and social background of national Ombudsman institutions, this paper highlights the differences in their case law in handling the largest medical crisis of the twenty-first century. In this article we elaborate on the role of Ombudsman in Hungary, Slovakia, the Czech Republic and Poland during the first wave of the COVID-19 epidemic in 2020, and the nature of the cases and complaints they focused on. The post-transitional constitution-making (after 1989, the fall of Communism) and subsequent constitutional amendments resulted in the establishment (foundation) of Ombudsman institutions in all Central European countries. Although the Ombudsman institution has common roots in all these countries, essentially Scandinavian in origin, the national terminology varies somewhat. In Hungary, for example, the Ombudsman institution was traditionally known as the Parliamentary Commissioner, however after the constitutional changes in 2011/2012 the Hungarian Ombudsman lost its reference to the „Parliament” and is called Commissioner for Fundamental Rights. In Poland, the Ombudsman is called the Advocate for Citizens’ Rights. In the Czech Republic and Slovakia, which shared a common state (Czechoslovakia, 1918- 1992) and legal history, this institution is known as the Public Defender of Rights. Despite the differences in terminology, the word Ombudsman is most commonly used by the Central European press and professionals, and even scholars.

ХУМАНИТАРНА ИНТЕРВЕНЦИЈА У МЕЂУНАРОДНОМ ПРАВУ НА ПРИМЕРУ ДОГАЂАЈА У РЕПУБЛИЦИ ГРЕНАДИ

Author(s): Nemanja Danilović / Language(s): Serbian Issue: 3 (1)/2023

Following the events in the world and the whirlwind of war in the east of the old continent, the institute of humanitarian intervention has once again come into the spotlight. The paper is dedicated to this very complex concept in international law, which has been accompanied by many controversies throughout the past. The paper will deal with the basic concept of humanitarian intervention, its elements, and the method of implementation, as well as a comparison with aggression as an international crime. The central part of the paper will refer to the events that took place in the Republic of Grenada in 1983. Namely, in October of this year, it will be exactly four decades since the United States of America, under the pretext of humanitarian reasons, invaded Grenada, which was then condemned by almost the entire world. The events that preceded this humanitarian intervention will be considered, then the course of the operation itself, the reaction of the international community and the world, as well as the consequences that this operation had on international relations during the period of the then Cold War. The operation in Grenada, known under the code name Hitan Bes (Urgent rage), had far-reaching consequences for the world, which only contributed to intensifying tensions and sharpening the decades-long strained relations between the capitalist West and the communist East.

СЛОБОДАН ПОСЛАНИЧКИ МАНДАТ У ПРОПОРЦИОНАЛНИМ ИЗБОРНИМ СИСТЕМИМА – ДЕМОКРАТСКА ТЕКОВИНА ИЛИ МАНИПУЛАЦИЈА БИРАЧА

Author(s): Nikola Perišić / Language(s): Serbian Issue: 3 (1)/2023

Proportional electoral systems use a system of electoral lists that can be open or closed to voters. In the Republic of Serbia, a proportional electoral system with closed electoral lists for voters is used. An additional specificity of the electoral system in Serbia is that the entire country is one electoral unit. Such an electoral system is used in three other countries, not including Serbia. In such electoral systems, the question arises as to whether the parliamentary mandate should be free or tied to the list on which the candidate was elected as a deputy. Political parties tried to protect themselves from the departure of MPs from their ranks through the so-called blank resignations that would be activated when an individual leaves the parliamentary group or political party to which they belong. However, since 2011, the electoral law in Serbia, at the suggestion of the Venice Commission of the Council of Europe, explicitly defines the mandate as free, and it was this change that led to the frequent departure of deputies from the lists on which they were elected, and the most drastic consequences of such behavior is the formation of parliamentary clubs of parties that are not passed the election threshold or even did not exist at the time of the election process. This raises the question of whether there has been manipulation of the electoral will of citizens expressed in the immediate elections for the parliamentary composition, to the detriment of the democratic legacy, which prescribes that the deputy is autonomous in his actions in relation to the political party to which he belongs. This paper answers precisely to this dilemma, through the analysis of all multi-party compositions of the National Assembly in Serbia.

THE INTERNATIONAL CONVENTIONS’ STRATEGIES IN THE FIGHT AGAINST CORRUPTION IN THE PUBLIC ADMINISTRATION: THE ROLE OF PREVENTIVE MEASURES

Author(s): Alberto De Vita / Language(s): English Issue: 3 (2)/2023

Author explores how corrupt networks function, how individuals are tempted to profit from corruption and how they react to the incentives provided by anti-corruption measures. Behavioural research provides great insights for policymakers to develop innovative and well-targeted integrity policies.

Prawne i etyczne uwarunkowania sekwencjonowania genomu noworodka

Author(s): Anna Sieja / Language(s): Polish Issue: 45 (4)/2023

Newborn Whole Genome Sequencing (WGS) continues to pose as a highly complex matter, challenging modern legislation and bioethics. More recently, the topic has gained prominence due to the technological revolution in the genomics industry, in addition to accessibility and greater affordability of WGS testing. The paper aims to assess the validity of nation-wide reimbursement of neonatal sequencing testing through the analysis of medical considerations, bioethical issues, legislative challenges and the current legal landscape of that area. The hypothesis presented was that the adoption of newborn genomic testing has far-reaching consequences in terms of the protection of patients’ rights. While the inclusion of whole-genome testing of newborns in the standard of medical care may bring about a revolution in the medical field, subsequently threaten the privacy and autonomy of the subjects and their relatives. The research demonstrated numerous advantages of routine neonatal genome sequencing and showcased the use of this method worldwide. It has also been found that the current legal regulations in Poland do not sufficiently safeguard the rights and freedoms of the minor. The law assumes a somewhat ‘successive’ role – it belatedly attempts to regulate the existing state of events caused by the rapid development of modern technologies and genomic discoveries. It is therefore vital to update and unify the legal regulation of whole-genome testing of minors within the framework of de lege ferenda postulates.

William Partlett, Herbert Küpper, The Post-Soviet as Post-Colonial. A New Paradigm for Understanding Constitutional Dynamics in the Former Soviet Empire, Edward Elgar Publ., Cheltenham-Northampton 2022

Author(s): Rafał Czachor / Language(s): Polish Issue: 45 (4)/2023

An Analysis of Post-apartheid Land Reform Interventions Fostering Restoration of Dignity and Equality in South Africa

Author(s): Molatelo Sebola,Kola O. Odeku / Language(s): English Issue: 4/2023

This article discusses constitutional, legislative and policy frameworks strategically introduced post-apartheid era to foster land expropriation reforms that would restore dignity, equity, equality and justice to the forcefully dispossessed Black South Africans from their land during the pre-colonial and apartheid regimes. More importantly, even though the colonial and apartheid settlers metamorphosised into rulers expropriated land without compensation, the Constitution of the Republic of South Africa 1996 has brough about various interventions that seek to ensure that the land that was forcefully taken should be returned to the right owners. This proposition has continued to generate fierce debates in the country. While some pundits have asserted that the Black majority now in charge of governance, should use postapartheid laws to expropriate land without compensation, there have been stiff resistant from the white minority who are both the owners of vast land and at the same time exercising right of possession and occupation respectively. It is against these competing interests that this paper postulates that in order to restore the dignity of the dispossessed and forcefully removed Black South Africans from their rightful land, there is need to look at the constitutional imperatives as well as equity and justice based on the post-apartheid frameworks that are available to ensure that the past apartheid land dispossession and injustices are redressed, and the wrongs committed are remedied.

Legal nature of the principle of legal certainty as a component element of the rule of law

Author(s): Oksana SHCHERBANYUK,Vіtalii Gordieiev,Laura Bzova / Language(s): English Issue: 1/2023

One of the main elements of the rule of law is the principle of legal certainty, which provides, inter alia, that in any dispute, a court decision that has entered into force cannot be called into question. The subject of the most discussed today constitutional principle of legal certainty is today seen as a structural element of the rule of law, necessary for the stabilization of legal relations and systems in which the judiciary and courts play an important role. The principle is the main commandment of the system, its true basis; disposition, which radiates different norms, composing their spirit and serving as a criterion for their precise understanding and reason, precisely because it determines the logic and rationality of the normative system, in that it gives it a tonic and gives it a harmonious meaning. The principle is a constitutional category, and there are several that relate to the process. The purpose of this article is to highlight the need to adhere to the principle of legal certainty in various aspects of foundation and understanding that cover a modern topic, starting with the undeniable theoretical and conceptual evolution of its basis and evaluative nature, which, in a more complex and complex form, years has meant a kind of set of content and conditions that are interrelated for the regulation of life between individuals and state institutions, which is a guarantee of the stability of law. The case is relevant because of the complexity of the relations prevailing in the postmodern world, with undeniable insecurity and unpredictability today, especially in the political, social, economic and legal spheres, the reflexes of which in law are even more obvious. From the constitutional principles of equality and justice follows the requirement of certainty, clarity and unambiguity of the legal norm, as otherwise can not ensure its uniform application, does not preclude unlimited interpretation in law enforcement practice and inevitably leads to arbitrariness. Legal certainty is becoming an increasingly important and significant factor in law-making and law enforcement processes. Numerous decisions of the European Court of Human Rights against Ukraine, which have a direct indication of non-compliance by the state with this principle, allow us to qualify the commented legal idea as a fundamental and independent phenomenon. Legal certainty, as it follows from the texts and interpretations of judges, means clarity, certainty and accessibility of the legal standard.

Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic

Author(s): Gabor Kecső,Boldizsár Szentgáli-Tóth,Bettina Bor / Language(s): English Issue: 1/2024

This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Tomáš Langášek: Ústavní soud Československé republiky a jeho osudy v letech 1920–1948

Author(s): David Hubený / Language(s): Czech Issue: 1/2013

Review of: Langášek, Tomáš: Ústavní soud Československé republiky a jeho osudy v letech 1920–1948. Vydavatelství a nakladatelství Aleš Čeněk, s. r. o. Plzeň 2011, 319 s.

FORM OF CONSTITUTIONAL RIGHTS OF WIFE AND CHILDREN AS VICTIMS OF SIRRI POLYGAMY

Author(s): Muhammad Habiburrahman,Moh Fadli,Siti Hamidah,Djumikasih Djumikasih / Language(s): English Issue: 2/2023

The phenomenon of sirri polygamous marriages, or without the permission of a legal wife and without the permission of the Religious Courts, common in Banjar Regency, South Kalimantan Province, still raises arguments for and against. Originally the meaning of sirri marriage was intended for the case where the conditions of marriage were not met, but now it has been extended to marriages that meet the conditions but have not been registered with the religious affairs office (KUA) of the sub-sector for those who are Muslim. The purpose of the study was to elucidate the constitutional rights of wives and children who were neglected as victims of polygamous marriages in Banjar Regency. This research is a type of empirical legal research with statutory, case and conceptual approaches. The results of the analysis show that sirri polygamy has an impact in the form of constitutional losses for spouses and children. If a polygamous marriage has received permission from the first wife, then the sirri wife can be well received and does not receive social sanctions in society, as well as the children of sirri polygamy are well received and equal in society. Sociologically, a child of a qualifying sirri polygamous marriage is legitimate, so the legal relationship between the child and both parents is one of kinship and inheritance. The constitutional issue for children of sirri polygamous marriages takes the form of legal issues related to identity rights. This is inseparable from the usual factors in an area, where for the Banjar community children born in wedlock, whether Sirri or registered, are considered legitimate children.

From the Sretenje to Mitrovdan Constitutions with Reference to the Development of Democracy and Human Rights

Author(s): Jelena Golijan,Dragan Golijan / Language(s): English Issue: 39/2023

Constitutions are complex and substantively important documents, and at the same time they contain necessary characteristics that are a reflection of the existing type of society, that is a constitution is an act of state, the highest normative - legal regulation, which is a fundamental law, but also a declarative act and an ideological political act. The Constitution is also the highest legal act of the state, since the Constitution determines the legal force of other general legal acts. Today, the constitutional development of Serbia does not lag behind the strongest contemporary constitutional development of other countries. We could say that the constitutional beginning and development begins with Dušan’s code in 1349. The aforementioned constitution contains a number of constitutional elements, and in Dušan’s empire there was no higher law than the aforementioned Code. Other, later constitutions of Serbia as an independent state were encompased by the growth of human rights. In this context, this paper will focus precisely on the beginning of constitutionalism in the Republic of Serbia, but also on other later constitutions that were conditioned by the socio-economic circumstances in which they existed. A comparative-legal analysis can be used to perform a comparative-legal review of the constitutions in Serbia in relation to other constitutions that appeared at a certain time. This also applies to contemporary constitutional orders in the countries of the European Union, Russia, and other countries in relation to constitutionality in the Republic. Serbia. This paper presents the view that a change to the constitution as the highest legal act in a certain state can be expected, when it no longer has its purpose, that is, when it becomes a brake and a limiting element in itself, being in contradiction with the social circumstances in which it exists. Apart from this, our goal is to present the basic and fundamental characteristics of the development of constitutionalism in the Republic of Serbia.

Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz

Author(s): Michael Johannes Reichenthaler / Language(s): German Issue: 1/2023

This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.

The Rights and the Proxies of the Monarch in Romania According to the Constitution of 1866

Author(s): Yaroslav Popenko / Language(s): English Issue: 3/2023

The article is devoted to the analysis and the characteristics of the rights and the proxies of the monarch in Romania according to the Constitution of 1866. The adoption of the first Basic Law was the fateful act in the history of the state-building processes of Romania and contributed to its development as the sovereign state. The Constitution had the contractual nature and established the compromise between the young bourgeoisie and the large landowners in the form of the constitutional monarchy. The king in Romania for a long time remained the person who was «above» of all the state and political leadership of the country. This status and the proxies of the monarch were delegated with the first Basic Law. The legal fixing of such legal status of the monarch at the level of the Constitution made it possible to establish full-fledged royal power, which was an extremely important state-political step for the development of Romania as the independent country. The constitutional foundations, the functions and the limitations of the institution of the monarchical power in the principality were fixed in the number of the articles of the Constitution of 1866. At the same time, the important state-constitutional aspect was the clear fixation that all proxies of the monarch could be done based on the interests of the Romanian nation. The Basic Law of 1866 established the proxies of the monarch such as in the legislative branch of power (the right of legislative initiative, the right of the interpretation of laws, Articles 32–34); executive power (had to implement it in the manner determined with the Constitution, Article 35) and partially in the justice system (the right to declare amnesty on the political issues, the right to postpone or to mitigate punishment in criminal cases, Article 93). For strengthening of the foundations of the statehood, the Constitution officially established the principle of the hereditary power of the monarch (Article 82). His person was declared inviolable. Herewith, the Romanian constitutionalists fixed that the monarch did not have any other proxies, except those granted to him with the Basic Law (Article 96). Adopted in 1866, the Basic Law approved legally the democratic aspirations of the Romanian nation. It defined directly the most important principles of the state functioning as the principle of the national sovereignty, the principle of the division of powers, the principle of representative government, the principle of hereditary monarchy, the principle of the responsibility of the state officials, the principle of the Rule of law, etc. The Basic Law definitely contributed to the gradual democratization of the state-governing and public structures, the formation of the concept of the civil personality and untouchability, foresaw the presence of the political and legal pluralism in the country, etc. Due to the introduction of the institution of the constitutional monarchy, that ruler in the person of Karl I could establish and hold the certain political balance in the country between the liberals and the conservatives, which opened the possibility to potentially strengthen the two-party system and laid the foundations of the civil society and the future constitutional life of Romania.

Constitutional Consciousness in a Society on the Verge of Democratic Collapse: The Case of Poland

Author(s): Grażyna Skąpska / Language(s): English Issue: 35 (1)/2023

What are the characteristic features of constitutional consciousness in a society whose history over the past 250 years with the brief exceptions of the interwar period and the years since 1989 epitomises the discontinuity of statehood and sovereignty? What features develop in a society that for roughly quarter of a century after the overturn of soviet communism and subsequent membership in the European Union began installing the rule of law and a market economy, and (above all) proclaimed its new, liberal-democratic constitution in 1997? And finally, what features emerge in a society whose young constitution has been constantly abused since 2015, while legislation itself is produced in such large quantities and is altered so rapidly that knowledge of it is precluded? Considering the incessant debasing of the constitution by the government itself, is this society still on the verge of democratic collapse, or has it already crossed that river, finding itself on the other, authoritarian bank? Are there forces that can reclaim liberal-democratic constitutionalism and the rule of law? These are the burning questions in Poland today that this article strives to address. And the answers sketched herein stem from the results of a nationwide survey conducted in Poland in 2020, further supported by other quantitative data as well as qualitative in-depth interviews with lawyers and social activists conducted in 2021-2022.

AKTUALNA KONSTYTUCYJNO-POLITYCZNA DYSKUSJA O SKRÓCENIU KADENCJI PARLAMENTU W DRODZE REFERENDUM NA SŁOWACJI (PRZEBIEG, OCENA, WYNIK)

Author(s): Ladislav Orosz,Grzegorz Chmielewski / Language(s): Polish Issue: 36/2023

The article is an attempt to present the current legal situation in the Slovak Republicconcerning the shortening of the term of parliament by referendum. It contains, in addition toa discussion of the regulations themselves, also the course of previous changes in the area inquestion, as well as their evaluation and the effects of the problem raised so far. The authorsdo this not only on the basis of the legislative analysis itself, including primarily the text of theConstitution. They explicitly take into account the previous achievements of the ConstitutionalCourt of the Slovak Republic in this regard. The very shortening of the parliamentary termby means of a referendum is an important topic from the point of view of the stability of thefunctioning not only of the legislative body, but also its impact on the entire state system,when one takes into account the role of the parliament as one of the three pillars of democracy.Moreover, the issue addressed is highly dynamic and the practice in this regard is taking placebefore our eyes, resulting in the upcoming autumn parliamentary elections in Slovakia. Theauthors also indicate the reasons why the referendum as one of the best solutions for decision-making in the state in this situation is not such a best solution at all.

DEMOCRACY AND THE DEVELOPMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY

Author(s): Ryszard Piotrowski / Language(s): English Issue: 101/2023

If we accept that the democratic paradigm involves majority rule being constrained by human rights, including, in particular, the right to privacy, then the continuing encroachments on this paradigm must be seen as a threat to the foundations of democracy. A culture of respect for privacy comes as an indispensable condition for a human being to develop and nurture a personality aware of their individual identity, enabling him or her to assess the performance of public authority in a manner independent of the latter. In everyday practice, as it happens, people find their affairs to be increasingly determined by non-human factors, a result of the expansion of automated services and stock-exchange transactions, the internet of things, etc. The rules laid down by constitutions of democratic states are about the exercise of power by sovereign people, not by sovereign algorithms. Such a sovereignty is grounded in the freedom of choice, which involves dialogue, persuasion, and the deliberative process as a basis for making decisions. Artificial intelligence, in the currently existing forms, is not capable of reasoning based on knowledge and culture, nor can it conduct a dialogue in which it could be persuaded to change its view and thus accept a given arrangement. No instrument has been developed up to this day that would embrace a spiritual culture, which is intrinsic to humans.