Фундаментальные принципы конституционализма: понятие, система, эволюция, соотношение
This article presents the fundamental principles of constitutionalism. The author reveals their meaning and system. In author’s opinion each principle isn’t absolute. They can be fulfilled only together but restrict one another. Theу develop influenced by the social solidarity, which is one of the most important and general human society principles.
Rethinking the standard theory of democratic transition the author shows the uneven character of Central Asian political regimes. He sketches different strategies of political modernization in order to represent the impact of Post-Soviet constitutional reforms regarding such items as separation of powers, parliamentarism, presidential power and the role of political leadership. He discusses the importance of constitutional developments for traditional societies in transition, and concludes that post-communist constitutional development in the region is still far from complete.
The book consists of chapters (articles) devoted the South-European constitutionalism of 1812, when two constitutions were adopted (in Spain and Sicily). Napoleon at that time not only won a few countries, but founded new states, gifted constitutions to some new and old states. Adoptions of constitutions in Cadiz and in Palermo in 1812, were events of extraordinary importance. They demonstrated a protest against Napoleonic wars and defense the right of nations to decide their future and way of development.
In the article the main sociological problem of social solidarity is discussed in terms of sociology of emotions. Emotions as integral part of human behavior operate on micro- and macrolevel of social structure and promote social consensus and make adjustments to normative behavior. On the basis of analysis of the body of works on sociology of emotions the author concludes that sociologists tend to study social solidarity through «moral emotions». Namely these emotions have strong effects on individual and social behavior and hold up moral order and social solidarity. In the author’s opinion moral emotions are the part of emotional regimes, which are developed in social order and support social solidarity.
The article is devoted to the influence of the Spanish Constitution of 1812 to the constitutionalism of the Russian Empire in the first quarter of the XIX. The author demonstrates the attention of different circles of Russian society to the national liberation movement of the Spanish people against France in 1808-1814 and to the Revolution of 1820-1823 in Spain as well as the Spanish events coverage in the Russian press. Effect of inspiring of the Fundamental law of 1812, enacted in Spain also in 1820 is noticed to be an example for the Russians to pursue for their Motherland. Particular attention is given to the constitutional ideas of members of secret societies, the future of the Decembrists, the motion of which is studied in the context of the "military revolution" in Europe. The researcher analyzes the influence of the Spanish constitution of 1812 on P.Pestel, author of "Russkaya Pravda" (project of the Southern secret society) and N. Muraviev who prepared the constitutional project, which we can study in three editions.
This article addresses the question of philosophy and political program of contemporary Russian conservatism. The author analyses historical origins of this doctrine and the role of conservative romanticism in a framework of the current political process. From this position the author focuses on comparative analysis of Russian and West European forms of phenomenon under consideration.
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.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/