scholarly journals Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

Legal Concept ◽  
2019 ◽  
pp. 43-49
Author(s):  
Rashit Nurmagambetov ◽  
Alexey Chermeninov

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.


Author(s):  
D. M. Moshkova ◽  
I. Yu. Karandaev

The article presents aspects of the legal regulation of international scientific cooperation aimed at the creation and operation of unique scientific installations of the “megascience” class. On the example of scientific projects CERN, ITER and XFEL, the individual features of legal regulation are analyzed: the legal basis, the key provisions of the concluded international agreements, as well as the relationship with the Russian legislation. On the basis of the analysis and generalization, the authors identify the features of legal regulation, which should be taken into account when creating future scientific projects of the “megascience” class. 


2015 ◽  
Vol 5 (4) ◽  
pp. 26-39 ◽  
Author(s):  
I. Shably ◽  
S. Diyakov

The features of communication psychological characteristics of temperament types of crimes. The analysis of scientific views on the role of temperament in the predisposition of the individual to the crime. With the help of empirical study confirmed the hypothesis that the subjects who had committed certain type of crime have specific personal psychological characteristics that reveal the determinants of their offences. The personality questionnaires EPI and MMPI used methods of analysis of personal files of prisoners; observation of their behaviour and discussions with them; drawing up of psychological portraits. Also developed and used an original questionnaire. The results showed that among criminals-murderers is dominated by people with a tendency to choleric expression of properties of temperament, expressed the need for self-affirmation, affective behavior, impulsivity, and disregard for social demands. The perpetrators of the theft inherent in the assertion of his personality not only in the eyes of the environment, but above all in its own. The perpetrators of rape there is usually no clear idea of traditionally male and female traits in behaviour, the relationship between a man and a woman are limited to sexual function. Criminals convicted of fraud and hooliganism, unable to establish contact with others not able to take the point of view of another, there is a disregard for moral and ethical standards.


Lex Russica ◽  
2021 ◽  
pp. 33-45
Author(s):  
S. A. Vasiliev

The purpose of the paper is to systematize the main mechanisms of the correlation between the subjects of constitutional law and to describe the specifics of each mechanism. The correlation between the subjects of constitutional law means the relationship between the subject and something or someone else in view of its actions or states. If legal relations arise only within the framework of the normatively established rules of behavior, the interaction is also carried out by various subjects in the name of a single common goal, the interrelationship simply represents absolutely any relationship between the subjects, the correlation includes all the listed phenomena, bearing in mind still different ways of life, the emergence of legal relations. One of the sections of this doctrinal concept is the "mechanical" element -- how the participants in the relationship relate to each other, sometimes not directly entering into legal relations, but exerting mutual influence. This element is important both in determining the specific actions of an individual subject, and for building a general systematics of the behavior of subjects, regulated by law. At the same time, it is necessary to pay attention to the fact that the paper deals exclusively with the mechanisms of correlation of the subjects of constitutional law, which does not always fully comply with the norms of law and has nothing to do with the mechanism of legal regulation. It should also be noted that the author examines only the mechanisms that he considers to be main. And the logic of the presentation is to consider them in such a way that this theoretical construct forms the basis of law-making activity, when actual relationships are primerely taken into account, and only then into account are taken project ideas with the help of which these relationships are expected to be transformed.


Semiotica ◽  
2020 ◽  
Vol 2020 (235) ◽  
pp. 27-49
Author(s):  
Sebastián Mariano Giorgi

AbstractWhat is the relationship between consciousness and semiosis? This article attempts to provide some clues to answer this question. For doing it, we explore the application of the Integral model to semiotics; that is to say, the metatheory that integrates the inside, the outside, the individual, and the collective dimension, on one hand and, on the other hand, the levels of development, states and types of consciousness. Our principal hypothesis is that the semiosis depends on the “subjectal” form where the self is located temporarily or permanently. To validate it, we analyze the way in which the universe of meaning changes between the self located below the subject (as a form), and the self located beyond of it. According to the Integral semiotics point of view outlined here, the relationship between consciousness and the meaning has to do with the reduction or expansion of the subjectal spectrum, and the trajectory of the self along of it.


2021 ◽  
Vol 1 (24) ◽  
pp. 52-57
Author(s):  
Alexei S. Bokarev ◽  
◽  
Yulia V. Tkachuk ◽  

The article considers M. Stepanova's cycle of poems «Spolia» (2015) from the point of view of the relationship between the author and the hero, whose outlooks are clearly getting closer at the non-classical stage of poetics development. The authors analyse the artistic strategy where «I», being the subject of the utterence, delegates the right to speak and/or the right to make judgements to the «other», «connecting» to the «other» for the sake of self-expression. Spolia is based on the complex of meanings connected with the author's consciousness, directed towards the author, but not autonomous in relation to the subject: replication (usually not marked graphically) and «alien» intention (understood as value expression directed at the protagonist) are the most popular forms of speech production in the cycle. The author's powers are thus limited to recording judgements addressed to the heroine and critically interpreting Stepanova's texts (the poet's works must be read as meta-lyrics), and to organizing the space for dialogue. The «voices» of both classical and modern artists (from A. Griboyedov and P. Tchaikovsky to Ven. Yerofeyev and G. Dashevsky) are included in the subjective sphere of «Spolia» as inseparable but not merging with the author's voice. When the purpose of the intertext comes down to expanding the boundaries of the personality, which is no longer understood as a «center», but as a «radius» of the artistic world, it is natural to disregard the individual biography of the writer. The poet's «passport» name, according to Stepanova, is a «synonym» for the epicenter of pain: unity with the world is only bought at the cost of suffering, which opens up to the author the possibility of «no-self-speaking», rare in poetry


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


1997 ◽  
Vol 50 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Iain Provan

It is well known that the seeds from which the modern discipline of OT theology grew are already found in 17th and 18th century discussion of the relationship between Bible and Church, which tended to drive a wedge between the two, regarding canon in historical rather than theological terms; stressing the difference between what is transient and particular in the Bible and what is universal and of abiding significance; and placing the task of deciding which is which upon the shoulders of the individual reader rather than upon the church. Free investigation of the Bible, unfettered by church tradition and theology, was to be the way ahead. OT theology finds its roots more particularly in the 18th century discussion of the nature of and the relationship between Biblical Theology and Dogmatic Theology, and in particular in Gabler's classic theoreticalstatementof their nature and relationship. The first book which may strictly be called an OT theology appeared in 1796: an historical discussion of the ideas to be found in the OT, with an emphasis on their probable origin and the stages through which Hebrew religious thought had passed, compared and contrasted with the beliefs of other ancient peoples, and evaluated from the point of view of rationalistic religion. Here we find the unreserved acceptance of Gabler's principle that OT theology must in the first instance be a descriptive and historical discipline, freed from dogmatic constraints and resistant to the premature merging of OT and NT — a principle which in the succeeding century was accepted by writers across the whole theological spectrum, including those of orthodox and conservative inclination.


Author(s):  
Karolina Dłuska

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.


2006 ◽  
Vol 38 (1) ◽  
pp. 124-150 ◽  
Author(s):  
Vladimir Dzinovic ◽  
Jelena Pavlovic ◽  
Dusan Stojnov

Underachievement in school is seen as a failure in traditional theories of education. An alternative construction of school underachievement, from the point of view of Michel Foucault? s approach to power and George Kelly's principle of elaborative choice, is offered as the subject matter of this paper. Instead of being construed exclusively as a measure of good education school success can be seen as the effect of normalization based on the power of discourses dominating in a society. In the same time, underachievement can be seen as a form of resistance to dominant discourse, as well as a way of defining identity in accordance with marginalized discourses whose significance is not recognized or respected from the point of school authorities. The prevailing tradition of European rationality treats poor achievement as a case of norm deviation. The individual perspectives are discounted as irrational and disordered behavior, requiring treatment. Kelly however, asserts that claims of irrationality reflect poor understanding of individual perspectives. When individuals resist the dominant discourse and underachieve despite their abilities, they are making an active choice which should be understood from their point of view. The choice someone makes is always an elaborative choice. Thus underachievement may be construed as resistance to power, based on the principle of elaborative choice.


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