Принцип разделения властей и право парламента вотировать бюджет
The article explores the question of why the legislature is entitled to adopt a law on the budget. The author concludes that the participation of Parliament in decision-making on the budget due to the need to establish the cases and the volume of borrowing, as well as political expediency, which reduces to limit the powers of the executive authority in the field of fiscal policy.
The article is devoted to the problem of contemporary transformation of status of deputy of parliament. The author analyses the grounds and procedures of bringing of the deputy to constitutional-law responsibility in the context of foreign experience of application of analogous procedures of deprivation of deputy's mandate.
Legislators are entrusted with key parliamentary functions and are important figures in the decision-making process. Their behaviour as political elites is as much responsible for the failures and successes of the new democracies as their institutional designs and constitutional reforms.
This book provides a comparative examination of representative elites and their role in democratic development in post-communist Central and Eastern Europe (CEE). It argues that as the drivers of the transformation process in CEE, individual and collective parliamentary actors matter. The authors provide an in-depth analysis of representatives from eleven national parliaments and explore country-specific features of recruitment and representation. They draw on an integrated dataset of parliamentary elites for individual, party family, and parliamentary variables over the 20 years following the collapse of Communism and develop a common framework for the analysis of variations in democratisation and political professionalisation between parliaments and political parties/party families across CEE.
This unique volume will be of interest to students and scholars of comparative politics, elite research, post-communist politics, democratisation, legislative studies, and parliamentary representation.
This article is devoted to the revealing of the main objective of antimonopoly regulation, as well as the place taken by the prohibition of abuse of rights at the field of the antitrust regulation. To this end, an attempt is made to demonstrate that antitrust regulation is an institution combining economic, political and legal aspects, вased on this the author identifies the targets of this mechanism from the point of view of each of these areas. Particular attention is paid to identifying and analyzing the objectives of antimonopoly regulation from the legal point of view. According to the author, the correct definition of the objectives of the legal institution is the primary key to the formation of an adequate law enforcement, in particular in the implementation of controls in such strategically important area as the economy is.
Traditionally, the common law countries are famous as countries of precedent law. At present times they are distin- guished by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of law- making process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interac- tion of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making. In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are under change. Principle of strictly divided powers in US model leads to increasing role of Congress.
And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author imple- ments various methodological methods in the article. Combining normative and sociological approach gives opportunity to analyze law-making process as a whole, to discover correlation of legally established social model and its social content, to check efficiency of such model in regulation of social interests connected with bill.
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.
Issues of modern constitutional law of Russia revealed in the fourth edition to incorporate the latest provisions of the science and recent changes to the Russian Constitution and Federal legislation. The authors present the basic theory, basic concepts, institutions of constitutional law of Russia. The textbook is easy to read and clear thanks to the original method of selection of examples of judicial practice, perspectives, foreign experience in the form of separate headings. The user can differentiated approach to the volume of the studied material. The textbook meets the current requirements of the Federal educational standard of higher education and is designed for use in teaching such subjects as constitutional law. The edition is addressed to students, postgraduates and teachers of law universities and faculties, and may be of interest to political scientists, economists, specialists in the sphere of state and municipal management
In the article are : the social bases of power as a nation, the nation, the elite, the elemental forces of the political market. It is noted that the idealistic view on social grounds authorities do not correspond to modern realities. Long enough described expenses provisions on the management Board of the nation. It is proposed to consider the rationalist approach in the determination of the constitutions of the social bases of power. The examples of the constitutions of a number of foreign States, in which the provisions of popular sovereignty is not understood completely. Russia proposes changing approaches to understanding the essence of popular sovereignty and representative government.
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/