Моральная власть в конституционном проекте Симона Боливара 1819 г.
The author analyzes S. Bolivar's idea of introducing moral power into the system of separation of powers. It was introduced in the draft Constitution of Venezuela in 1819.
Author presents results of the scientific seminar " Legal regulation of economic activities in China and Russia" (series" Legal aspects of BRICS " ), held in St. Petersburg by the Law Faculty of the Higher School of Economics - St. Petersburg Branch, with a participation of 15 colleagues from 6 universities of China.
The author analyzes from general perspectives of the management theory how the concept of separation of powers is implemented in education, and how it can be improved in the future. It is shown in the article that in a period since 2004, when an administrative reform started and the united Ministry of Education and Science of the Russian Federation began its work, and till spring 2012, when the government of the Russian Federation changed, reauthorization from the legislative to the executive branches and from regional to federal authorities took place. Issues and risks of centralization of powers are considered with specific reference to management practices. Also, options for solving the problem of centralization of powers given by different power structures are analyzed, other solutions to this problem are offered.
The article is concerned with several turning points in the history of the concept of the legal principle in European law as represented in the treatises of some leading lawyers of ancient Rome, the Middle Ages and the modern age. The main point is that the idea of legal principle did not exist in Roman Law, but it was partly developed in medieval civil law and found its full expression in the treatises of those academicians who advocated the natural law.
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
This article focuses on the American experience of guaranteeing decisional independence of judges. Historically the United States turned to be the pioneer in the area of legislative regulation of the status of judiciary power. With forming the normative base of both functioning of judiciary and the status of judges the following factor (which was repeatedly emphasized by the Founding Fathers) was taken into consideration: actual separation of powers is impossible without independent judiciary, and thus institutional independence of judiciary is impossible without decisional independence of individual judges. The article includes some comments of American judges regarding the essence generating prestige and institutional independence of the American judiciary and the qualities necessary for a good judge. The article also describes the doctrine of judicial activism.
This article is about alternative strategies of constitutional transformation in the period of elaboration of the Russian Constitution of 1993. The author analyses historical origins of basic constitutional principles such as parliament democracy, separation of powers and different forms of government and their interpretation during political crisis of the period under consideration.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.