Доктринальная характеристика предмета конституционного права как фактор укрепления или преодоления отраслевой дисфункции
On the basis of a critical analysis of modern concepts of the object of con- stitutional law, the author presents her own concept. In accordance with it, the object of constitutional law covers two elements. The first element in- cludes political relations originally intended to restrict the state power by means of putting it under the people’s control (mostly these are political relations within which public authorities are placed under the control of the people). The second element covers social relations of great impor- tance to the society, which concern various spheres of life (economical, cultural, social, etc.). The author proves that those two elements of consti- tutional law subject are united, but not identical. The relations of the first group are directly related to the original idea of the constitution phenome- non, which is the restriction of the state power. Thus, any constitution reg- ulates these relations in a more detailed way as compared to the other kinds of social relations, with other sources of constitutional law focusing solely on these political relations. Nonpolitical social relations are ad- dressed by constitutions in a very short and generic way (while more de- tailed regulations can be found in the legal norms of other branches of law). The unity of the object of constitutional law has a historical founda- tion. A constitution occurred as a system of state power limitations. On the one hand, the number of those limitations has gradually increased. Conse- quently, around a constitution a whole new branch of law has evolved – the branch that we call today constitutional law. On the other hand, in the XXth century constitutional texts started to include norms designed to solve significant matters other than the restriction of the state power (rela- tions between nations and religious communities, in the field of education, labor, etc.). As a result, the scientific characteristics of the object of consti- tutional law has changed: constitutional law has been defined as the fun- damental branch of law regulating the relations of the greatest signifi- cance. The author objects to that definition because it helps to legitimize any type of state power including autocracy, id est it goes against the origi- nal purpose of a constitution as such and might lead to a strengthening of constitutional dysfunction.
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.
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.
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 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/