Правовой обычай в странах общего права
The article contains specifics of customary law as legal source in common law countries. In these countries customary law is not only historical legal source, but also contemporary one. Constitutional conventions fulfill a special function in modern law. However, legal doctrine evaluates legal nature of constitutional conventions unequally.
Arguing about the juridical nature of the decisions of the Constitutional Court of the Russian Federation, taken in particular constitutional review, the author of this article concludes that the acts in question constitute a normative interpretation case law, equal in their legal power to forceverifiable the rules and have in some cases retroactive.
Present book is the result of the field work conducted in the tribal villages of Nagaland. Author sought to determine whether the social structure and the economic setup of a Naga village changed somehow over the last 88 years since the first publications of the monographs of the first Brithish researchers. Author argues that the social-psychological archetype – tribe – village – khel – patronimy (kiyong) – clan – family – has hardly changed. The tenure and utilization of land stays unalterable. Pursuant to Article 371А, Constitution of India (Special Provision with Respect to the State of Nagaland), customary law is applied within the territory of Nagaland State.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
If considering traditions in law and in jurisprudence, one may assert that the most actual question in the contemporary Russia is the problem of precedent law. This problem is arisen in connection with some statements of the leading representatives of the judicial system about necessity to transform the Russian court process according to the model of the common law. One can investigate this problem through consideration of the new procedural institutes and their comparaive analysis.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
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/