Constitutional law of foreign countries

2021 ◽  
Author(s):  
Marat Baglay
Keyword(s):  
Great Britain ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Comprehensive Understanding ◽  
Law Schools ◽  
Foreign Countries ◽  
The Usa ◽  
Basic Concepts ◽  
The Individual

The fifth, significantly revised edition of the textbook highlights the basic concepts and institutions of foreign constitutional law, reveals its subject, system, sources. The issues of the legal status of the individual, forms of the state, local self-government, etc. are comprehensively analyzed. In the interests of a more in-depth and integral, comprehensive understanding of the state system of the leading countries, the textbook includes chapters on the USA, Great Britain, France, Germany, Italy, Spain, the Nordic countries, Japan, China, India, the Arab states, the EAEU countries, Uzbekistan. Special chapters contain regional reviews of the main constitutional and legal institutions. For students, postgraduates and teachers of law schools and faculties.

scholarly journals Current Issues of Normo-designing of the Legal Status OF Human and Citizen in the Constitutional Law of Ukraine: to the Formation of the Procedure and Stage Paradigm

2020 ◽  
pp. 123-129
Author(s):  
Borys Kofman
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Constitutional Rights ◽  
Ruling Class ◽  
Qualitative Level ◽  
Historical Retrospect ◽  
The Government ◽  
The Individual ◽  
The Relationship

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.

Sovereignty Under Law: A Possible Redefinition of Sovereignty in the Light of Locke's Theory of Liberty

1945 ◽  
Vol 39 (2) ◽  
pp. 350-355 ◽  
Author(s):  
Margaret Spahr
Keyword(s):  
Great Britain ◽  
Constitutional Law ◽  
Great Majority ◽  
Essential Elements ◽  
The State ◽  
The Other ◽  
Other Hand ◽  
Sovereign Authority ◽  
The Individual

Does the concept of sovereignty under law necessarily involve a self-contradiction? That it does, has admittedly been held by the great majority of careful thinkers from the time of Hobbes to the present day. Nor has this been inconsequential. The belief that submission to an enforceable law would be a surrender of sovereignty has been a most potent obstacle to the substitution of the law court for the battlefield in the determination of international disputes. On the other hand, it is generally conceded that for the individual the only liberty worth seeking is liberty under law. It is the thesis of this article that sovereignty under law for the state is no more absurd than liberty under law for the individual.The term “sovereignty” has been variously and elaborately defined, but for present purposes its essential elements may be listed as authority, equality, and liberty. The first-named attribute—authority—has its great importance in the field of constitutional law, which postulates that in every state there is some agency or combination of agencies possessed of the authority to control everything within the state. However, it is well known that the rise and spread of constitutionalism and federalism have rendered the concept of sovereign authority increasingly mystical. Even in Great Britain, the old simplicity of the sovereignty of “King in Parliament” has been complicated by the Parliament Act of 1911, and especially by the Statute of Westminster of 1931. To-be sure, it is easy enough to visualize sovereign authority in a dictatorial régime, but this arouses no envy on the part of those who enjoy other forms of government.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

scholarly journals «Rýhanı dúnıetanym», «rýhanılyq» kategorııalarynyń pedagogıkalyq jáne psıhologııalyq uǵymdary [Pedagogical and Psychological Concepts of the Category “Spiritual Worldview” and “Spirituality”]

2020 ◽  
Vol 3 (117) ◽  
pp. 161-174
Author(s):  
B.J. Parıdınova ◽  
Keyword(s):  
Social Structure ◽  
Research Problem ◽  
The State ◽  
Theoretical Understanding ◽  
The Core ◽  
The Social ◽  
Spirituality In Education ◽  
Basic Concepts ◽  
The Individual ◽  
Pedagogical Science

The problem of developing the spiritual worldview and spirituality was the development of society at all stages. The spiritual worldview and spirituality of the individual, teachers in society changed depending on the level of the social structure of the state and its ideology, religious and secular views, the development of pedagogical science. Therefore, the spiritual worldview and spirituality of the whole society is one of the most important characteristics of the pedagogical preparation of the individual. The research problem is relevant in the framework of the program «Rukhani zhangyru». Therefore, we believe that a set of activities under the program is the core of this topic. Spiritual worldview and spirituality is the most important issue in the context of globalization. The purpose of this article is to generalize and systematize this problem, to determine the role and place of the spiritual worldview and spirituality. To achieve the purpose, this study discusses some of the findings of scientists on the problem of spiritual worldview and spirituality in education. The discussed fundamental principles of development and existing scientific works on the problem of spiritual worldview and spirituality. Many actual issues can be considered in the notion of concept since these categories has not yet been studied in science. In this article special attention is paid to spiritual worldview and spirituality and its basic concepts, which is one of the most important problems in pedagogy and psychology. The article the relevance and importance of theoretical understanding of the data category. Presented some theoretical problems of the formation and preservation of spiritual worldview and spirituality. Рухани дүниетанымның даму мәселесі және руханилық қоғам дамуының барлық салаларында өзекті болып саналады. Қоғамдағы тұлғаның, мұғалімнің рухани дүниетанымы мен руханилығы мемлекеттің әлеуметтік құрылысы мен оның идеологиясы, діни және зайырлы көзқарастары, педагогикалық ғылымның дамуы деңгейіне байланысты өзгеріп отырады. Сондықтан барлық қоғам мүшелерінің рухани дүниетанымы мен руханилығы тұлғаның педагогикалық дайындығының маңызды сипаттамалық белгісі болып табылады. Зерттеу мәселесі «Рухани жаңғыру» бағдарламасы аясында өзекті болып саналады. Сол себепті бағдарлама шеңберіндегі шаралар кешені берілген тақырыптың өзегі деп ойлаймыз. Жаһандану шарттарында «Рухани дүниетаным» және «Руханилық» категориялары маңызды мәселе болып табылады. Осы мақаланың мақсаты болып берілген мәселені жинақтау және жүйелеу, рухани дүниетаным мен руханилықтың рөлін, орнын анықтау болып саналады. Мақсатқа жету үшін берілген жұмыста білім берудегі рухани дүниетаным мен руханилық мәселесіне байланысты кейбір қорытындылары қарастырылады. Рухани дүниетаным мен руханилық мәселесіне байланысты дамытудың негізгі қағидалары мен ғылымда бар жұмыстар талқыланады. Өйткені берілген категориялар ғылымда толықтай зерттелмеген және зерттелуі тиіс көптеген өзекті мәселелері жетерлік. Берілген мақалада рухани дүниетаным және руханилықтың, оның педагогикадағы және психологиядағы негізгі түсініктеріне ерекше назар аударылады. Мақалада берілген категорияларды теориялық түсінудің өзектілігі мен маңыздылығы дәйектеледі. Рухани дүниетаным мен руханилықтың қалыптасуы мен сақтаудағы кейбір теориялық мәселелері ұсынылған.

scholarly journals The Attitudes of Friendly Societies towards the Movement in Great Britain for State Pensions, 1878—1908

1970 ◽  
Vol 15 (2) ◽  
pp. 266-299 ◽  
Author(s):  
James H. Treble
Keyword(s):  
Nineteenth Century ◽  
Great Britain ◽  
Social History ◽  
Social Services ◽  
Old Age ◽  
The Elderly ◽  
State Intervention ◽  
The State ◽  
Friendly Societies ◽  
The Individual

The last three decades of the nineteenth century were marked in British social history by a vigorous and far-reaching debate about the causes and incidence of poverty amongst the elderly. By the early 1890s this controversy had produced a sharp cleavage of opinion between those commentators who held that old-age pauperism was largely a product of character defects and those who attributed it to certain social and economic ills which the individual, acting alone, could never hope to remedy. Social thinkers who subscribed to this latter view – the loosely labelled collectivist school of thought – were not content, however, merely with the work of analysis; they were equally anxious to find a panacea for one of the main social problems of the day. In the end the solution they most widely canvassed was the introduction of an old age pensions scheme in which the state would have a vital rle to play. But perhaps of more significance for the development of social services in Great Britain, three of the leading advocates of state intervention endeavoured, in their own distinctive styles, to translate this general declaration of intent into detailed programmes of action.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals PUBLIC-PRIVATE PARTNERSHIP AS AN INSTRUMENT OF STATE INVESTMENT POLICY: ECONOMIC MODELS AND LEGAL REGULATION

2021 ◽  
Vol 4 (27) ◽  
pp. 28-34
Author(s):  
V.A. Kulikov ◽  
◽  
Keyword(s):  
Great Britain ◽  
Legal Regulation ◽  
The State ◽  
Investment Policy ◽  
Financial Policy ◽  
Private Partnership ◽  
Foreign Countries ◽  
The Russian Federation ◽  
State Investment ◽  
Legal Forms

The article presents the organizational and legal characteristics of public-private part-nership as one of the effective instruments of state financial policy. The origin of the PPP institute in foreign countries is considered: Great Britain, USA, etc. The branches of law regulating PPP in the Russian Federation are characterized. The advantages of PPP for the state and business are described: reducing the burden on the budget, access to state assets, synergy of the administrative resource of the state and the innovative po-tential of business, etc. The PPP models are characterized: ВОТ, DBOT, BOOT, etc., as well as organizational and legal forms of PPP implementation: concession, life cycle partnership, etc.

scholarly journals Constitutional and legal principles of status of person: some aspects

2021 ◽  
pp. 11-15
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Biological System ◽  
Constitutional Law ◽  
Legal Status ◽  
Living Organism ◽  
The State ◽  
Moral Life ◽  
Special Role ◽  
Legal Principles ◽  
Rule Model ◽  
Almost All

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system. The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law. At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.

Evolution of the Procedure for Empowering the Governors in the States of the USA

2020 ◽  
pp. 37-41
Keyword(s):  
United States ◽  
United States Of America ◽  
Legal Status ◽  
The United States ◽  
The State ◽  
Executive Power ◽  
State Constitutions ◽  
Depth Study ◽  
The Usa

The article discusses the development of the procedure for empowering the governors of the states of the United States of America. The models of empowerment of governors, requirements for candidates for governor positions, the terms of the latter’s exercise of power both now and in retrospective are examined. The provisions of the constitutions of the states of the United States of America, fixing the requirements for candidates for the positions of governors of the states, are not always identical. Despite the existing differences established by the state constitutions regarding the requirements for candidates for governor positions and the terms for exercising the powers by governors, the procedure for electing state governors is the same. The increase in the term for exercising the powers by governors is due to an increase in the role and importance of governors as officials in charge of state executive power. Particular attention is paid to the study of requirements for candidates for governors. In addition to age qualifications and qualifications for citizenship, residency qualifications in the state where the candidate is running for governor are of prime importance. An in-depth study allows to track trends related to both the development of the procedure for vesting powers with governors and the change in the constitutional and legal status of governors as a whole. A key advantage of the constitutions of some states is the limitation of the duration of the state governors in their posts, thereby ensuring the effectiveness of the activities of the governors and executive power of the states.

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