Основы основ: экспрессивный и функциональный потенциал конституционных устремлений
The article presents a study of a particular group of constitutional norms which define fundamental values and aspirations of a political community. Aspirations which are usually found in constitutional preambles and chapters devoted to basic features of constitutional order are analysed from two perspectives. Firstly, the authors describe theoretical approaches to understanding peculiarities of aspirational provisions and factors shaping their development. Secondly, they turn to uncovering the potential and challenges of pragmatic use of aspirations by constitutional courts,
Aspirational provisions name and describe fundamental values of a community and thus, play a crucial role in establishing its constitutional identity. It is argued that values expressing identity construct a bridge between nation’s past and future, and stress the importance of preserving long-standing legal traditions as well as transforming legal system to achieve certain goals. The problem is that due to highly abstract nature of aspirational provisions and wide discretionary powers of constitutional courts, there is a substantial risk of manipulative use of aspirational arguments in the process of solving specific conflicts. The authors investigate constitutional jurisprudence of various countries, including Russia, and come to a conclusion that referral to aspirations requires a higher level of reflection and self-control on the part of the courts.
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/