Book
Evolutions du controle de constitutionnalité: regards croises entre les experiences française et est-européennes
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.
The article focuses on recent developments in Russian Constitutional Court's powers to control enforceability of suprantational courts' judgments. The author gives a general overview of relations between the Russian legal system and external legal orders, background of interaction with the system of the European Convention on Human Rights and offers an analysis of main techniques and methods used by the Russian Constitutional Court in this regards and perspectives of their evolution.
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
A Casebook aims at enhancing language and communicative competences of master students of law through teaching legal textology in English at research workshops as the primary training form. A major aim consists in integrating linguistics, specifically text linguistics, and law. A new teaching methodology employed draws largely on comparative and text linguistics, comparative law, as well as intercultural communication. The selected case-studies address the less elaborated law fields: indirect discrimination at workplace, I-space regulation and IT-fraud as part of cybercrime against the on-going IT advancement. These topics as vaguely defined legal areas with few statutory remedies and insufficient enforcement background are viewed in couple with sociocultural, economic and philosophical factors. A Casebook is designed for LLM students but may draw interest of much wider range of MA students in humanities, as well as their tutors.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.
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/