Современные религиозные концепции прав человека: сопоставление теологического и юридического подходов
Religious teachings have played a significant role in the development of human rights, but nowadays, they do not exert any serious influence on the latter. In recent decades, the major religions focus on developing their own human rights concepts which are compared to modern liberal theories. Such religious teachings differ in several relevant aspects. The beginnings of Buddhism and Protestantism do not reject the democratic and liberal understanding ofhuman rights, but the Orthodoxyand Islam focus on opposing their attitudes to such interpretation. The question as to the possibilityto take into account religious views within the framework of human rights legal theory remains open.
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.
The article was devoted the analysis adaptation strategies of the Roman Catholic and Russian Orthodox Churches to the new social and political conditions in the last decades. The author comes to the conclusion that Russian Orthodox Church chooses strategy of conservation to the new social and political conditions and Roman Catholic Church makes decision to follow democratic adaptation strategies.
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.
The author researches the key problems of the formation of the Russian-speaking Diaspora in a separate poly-ethnic region. The major trends of the adaptation of the Russian-speaking Diaspora in Finland have been studied as well.
This compendium comprises transcript of the workshop on ‘Human Rights on the Internet: legal frames and technological implications’ organized by the Higher School of Economics on the 7th Internet Governance Forum (Baku, Azerbaijan, 6–9 November, 2012) and relevant articles on legal and technological issues of Internet Governance in sphere of human rights, prepared by the group of legal and technical scholars of information studies of the Higher School of Economics. This compendium is devoted to the forthcoming 8th Meeting of the Internet Governance Forum on Bali, Indonesia, 22–25 October 2013.
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/