The emergence of conscientious objection in national constitutions: A comparative legal analysis

Conscientious objection is a constitutional category in a significant number of countries. It is defined in a broader way than the usual concept, according to which a person is called upon to perform the military service in an alternative form, without a weapon. The moral and philosophical basis of...

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Veröffentlicht in:Theoria (Beograd) 2024, Vol.67 (4), p.209-217
1. Verfasser: Mikic, Vladimir
Format: Artikel
Sprache:eng
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Zusammenfassung:Conscientious objection is a constitutional category in a significant number of countries. It is defined in a broader way than the usual concept, according to which a person is called upon to perform the military service in an alternative form, without a weapon. The moral and philosophical basis of conscientious objection appears as a reflection of the individual?s moral responsibility towards his or hers own political, religious, or humanistic convictions. In the paper various forms of constitutional solutions in terms of regulating conscientious objection are enumerated. Also, the substantive formulations used by the editors of the constitution are conveyed. Conscientious objection is also linked to the internationalization of constitutional law, serving as an additional tool for strengthening the influence of international law in the domain that was considered to belong in the area of sovereign regulation at the nation-states? level.
ISSN:0351-2274
2406-081X
DOI:10.2298/THEO2404209M