ФЭМИС. Ежегодник истории права и правоведения
Шестой номер специализированного альманаха посвящен истории и теории конституционализма как определяющего политического и идейного стремления государственного строительства Нового и Новейшего времени.
The paper presents the history of the formation of the constitutional institution of the head of state in Spain, analyzes the evolution of its elements and the formal features of its consolidation in the constitutional acts of the 19th-20th centuries.
This article addresses the question of philosophy and political program of contemporary Russian conservatism. The author analyses historical origins of this doctrine and the role of conservative romanticism in a framework of the current political process. From this position the author focuses on comparative analysis of Russian and West European forms of phenomenon under consideration.
Rethinking the standard theory of democratic transition the author shows the uneven character of Central Asian political regimes. He sketches different strategies of political modernization in order to represent the impact of Post-Soviet constitutional reforms regarding such items as separation of powers, parliamentarism, presidential power and the role of political leadership. He discusses the importance of constitutional developments for traditional societies in transition, and concludes that post-communist constitutional development in the region is still far from complete.
The book consists of chapters (articles) devoted the South-European constitutionalism of 1812, when two constitutions were adopted (in Spain and Sicily). Napoleon at that time not only won a few countries, but founded new states, gifted constitutions to some new and old states. Adoptions of constitutions in Cadiz and in Palermo in 1812, were events of extraordinary importance. They demonstrated a protest against Napoleonic wars and defense the right of nations to decide their future and way of development.
The article is devoted to the influence of the Spanish Constitution of 1812 to the constitutionalism of the Russian Empire in the first quarter of the XIX. The author demonstrates the attention of different circles of Russian society to the national liberation movement of the Spanish people against France in 1808-1814 and to the Revolution of 1820-1823 in Spain as well as the Spanish events coverage in the Russian press. Effect of inspiring of the Fundamental law of 1812, enacted in Spain also in 1820 is noticed to be an example for the Russians to pursue for their Motherland. Particular attention is given to the constitutional ideas of members of secret societies, the future of the Decembrists, the motion of which is studied in the context of the "military revolution" in Europe. The researcher analyzes the influence of the Spanish constitution of 1812 on P.Pestel, author of "Russkaya Pravda" (project of the Southern secret society) and N. Muraviev who prepared the constitutional project, which we can study in three editions.
This book sheds new light on the continuing debate within political thought as to what constitutes power, and what distinguishes legitimate from illegitimate power. This book concludes by arguing that the Russian experience provides a useful lens through which ideas of power and legitimacy can be re-evaluated and re-interpreted, and through which the idea of “the West” as the ideal model can be questioned.
The preface to the translation of "Politics" by C. Schmitt. Schmitt in 1933-36 aspired (though rather unsuccessfully) to become an ideological guru of the Nazi regime, that was only in the process of formation then. It allows to formulate the question about the guilt of the thinker, but doesn't prevent to find the theoretical contents in his works of this period. Criticism of parliamentary democracy and understanding the political as an opposition of enemies lead Schmitt to the concept of a tripartite political unity of people, state and movement. He sees the Nazi regime as a new kind of politics based not on struggle, but on mobilization of the people conducted by the Führer. This design turned out to be not only politically vicious, but also theoretically defective, however its studying is an instructive experience.
This article is about alternative strategies of constitutional transformation in the period of elaboration of the Russian Constitution of 1993. The author analyses historical origins of basic constitutional principles such as parliament democracy, separation of powers and different forms of government and their interpretation during political crisis of the period under consideration.
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/