Политизация конституционных институтов в современный период: сравнительно-правовое исследование
The monograph is devoted to the phenomenon of politicization of constitutional institutes, which has emerged in recent years in the United States and the EU. The authors also analyze the peculiarities of electoral law and the electoral system in the United States, show the specifics of the election campaigns of individual parties and their leaders. The problem of revolutions as a form of national government, opposed in electoral procedures in the modern world is considered. Particular attention is paid to the process of politicization of the judiciary.
The article is devoted to the problem of development and practical implementation of the large scale constitutional modernization program in the Great Britain. Central attention is paid to two of its aspects transfer of some powers from the center to the regional organs within the devolution program, as well as the reform of the House of Lords. The author analyzes a complex of various causes, which resulted in the need to correct a constitutional legal mechanism of the United Kingdom, he also provides the analysis of attitude of the key political parties, inner groups within such parties and movements to these changes. The author also studies the history of representation of the regions of the state in the higher chamber of the British Parliament, the changes which already took place and the perspectives and directions for the further modernization of the state government mechanism. The close connection and interdependence of the changes is being noted. The growing regionalization demands formation of the new type of relations with the central government, and it makes the problem of revision of principles of formation and powers of the higher chamber of the Parliament especially topical, it also requires correction of an election system. Ключевые слова: Великобритания, конституционные реформы, Палата лордов, деволюция, регионализация, национа- лизм, политическая борьба, консерваторы, лейбористы, представительство.
The article provides an incisive account of the Russian Constitution of 1993, showing how the main constitutional principles were elaborated, adopted and transformed in Russian society over the last two decades of legal development. On the basis of a cognitive approach, the author traces the different attitudes to constitutionalism in political thought, institutional design and political practice, examining how the unstable balance between liberal democracy and authoritarianism has shifted. Quoting contemporary documents, the author makes a panoramic reconstruction of the main constitutional strategies, perspective legal amendments and proposed technologies of their implementation in the future.
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/