Классификация конституций стран "общего права"
The article features general and distinctive traits of constitutions in the common law countries. The distinctions of the constitutions allow making up a separate group that is necessary to take into account when classifying constitutions.
The book contains interventions on a conference held at the University of Aix-Marseille on the topic of control of constitutionality done by modern constitutional courts. It focuses on the issues of constitutional justice in France and East-European countries thus offering a comparative analysis of main problems and techniques. Among others, the issue of interaction of constitutional courts and external legal orders is dealt with, focusing on different approaches to this problem solution in these countries.
In this article the author examines some theoretical problems connected with the attempts to integrate principles of the precedent law into the Russian law. In author’s opinion, the basic problem is that of different normativity of law in the common law and in the civil law. In the English precedent law legal regulation is mainly exercised through casual rules created ad hoc, in the civil law regulation implies creating general rules. Uncritical utilization of the term “precedent” for characterization of judicial lawmaking in Russia can lead to superfluous analogies between the Russian and the English legal systems. To describe judicial lawmaking theory of law can propose more convenient terminology and conceptual schemes.
The article considers different approaches to the issue of genesis of law. Examines the social nature and form of rules in (of) common law. The author comes to the conclusion that existed in the primitive society-of prohibitions is taboo, in fact, were of a criminal-law nature, and taboo of, in spite of individual dif-ferences mechanism of action, is the su-community primary form of criminal-legal influence.
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.