Main Mechanisms of Correlation between the Subjects of Constitutional Law

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.

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

Legal Concept ◽

10.15688/lc.jvolsu.2019.3.6 ◽

2019 ◽

pp. 43-49

Author(s):

Rashit Nurmagambetov ◽

Alexey Chermeninov

Keyword(s):

Constitutional Law ◽

Comparative Law ◽

Legal Regulation ◽

Point Of View ◽

Methodological Framework ◽

Legal Basis ◽

Legal Study ◽

The Subject ◽

The Individual ◽

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.

Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.112.3.017-025 ◽

2020 ◽

Vol 15 (3) ◽

pp. 17-25

Author(s):

N. E. Taeva

Keyword(s):

Legal System ◽

Subject Matter ◽

Natural Law ◽

Constitutional Law ◽

Legal Regulation ◽

Legal Institutions ◽

Present Stage ◽

The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

The Relationship between Theology and Law on the Basis of the Encyclical Pacem in terris of John XXIII

Roczniki Teologiczne ◽

10.18290/rt21682-5 ◽

2021 ◽

Vol 68 (2) ◽

pp. 83-99

Author(s):

Mikołaj Grzenkowitz

Keyword(s):

International Relations ◽

Political Context ◽

Legal Language ◽

Common Goal ◽

John Xxiii ◽

Social Efficacy ◽

The Subject ◽

The Relationship ◽

Universal Themes ◽

Cognitive Realism

The above research permits one to draw legal and theological conclusions. The first sub-point, presenting the legal value and social-political context of the papal teaching, permits the creation of a foundation for the following theological considerations. The second subpoint permits for the separation of the theology of the encyclical and its meaning for the whole document. The last sub-point reveals in what way the legal and theological elements intersect in the encyclical’s text and what consequences this has for ecclesiology and the methodology of research at the intersection of theology and law. This article presented many mutual points of reference for theology and law and emphasized their methodological and substantive autonomy. The encyclical Pacem in terris of John XXIII is a creative proposal for the cooperation between theology and law, in which the Pope follows the principle of efficacy, which is the desire that the catalogue created by him is not only theoretical but also actually used. His teaching focuses on the theme of peace, which seems to assume the meaning that has already placed on justice, and the Pope seems to make it the centre of all international relations. That, in turn, allows to distinguish peace as a clearly legal category and so decisive for the just character of law itself. Because of the connection between peace, God’s order and Christ’s mission, there is a perfect intersection between temporal matters regulated by law and supernatural ones, which are the subject of theology. There exist two alternative models of the unity of humankind: the natural and the ecclesial. They have a complementary character as the two paths leading to a common goal and take the form of attaining the commonly desired peace on earth and the unification of humanity in Christ, who is peace himself. The Pope uses legal language, which has characteristics manifesting the openness of theology to law and vice-versa. Among them are cognitive realism, universal concepts, universal themes, social efficacy, legal naturalism, and mutual inspiration.

The Legal Basis For Control in the Sphere of Use And Protection of the Animal World in Ukraine

Przegląd Prawa Administracyjnego ◽

10.17951/ppa.2018.1.99-108 ◽

2019 ◽

Vol 1 ◽

pp. 99-108

Author(s):

Svitlana Marchenko

Keyword(s):

Environmental Control ◽

Control Function ◽

Legal Regulation ◽

Legal Literature ◽

The Subject ◽

Legislative Support ◽

The Right ◽

Object Of Control ◽

The Relationship ◽

Animal World

The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.

Environmental Law and Constitutional and Public Law

The Oxford Handbook of Comparative Environmental Law ◽

10.1093/law/9780198790952.003.0047 ◽

2019 ◽

pp. 1072-1090

Author(s):

Ole W. Pedersen

Keyword(s):

Life Cycle ◽

Constitutional Law ◽

Environmental Law ◽

Public Law ◽

Administrative State ◽

Environmental Norms ◽

Relationship Of ◽

The Impact ◽

The Relationship ◽

This chapter examines the relationship of environmental law to public and constitutional law. More specifically, it considers ‘points of interactions’ between public and constitutional law and environmental law and shows that these points of interaction are found throughout the ‘life cycle’ of environmental law. The chapter explores the ways in which environmental law is shaped by rules and doctrines of public and constitutional law, first by discussing policy and law-making in the administrative state. It then analyses constitutional environmental norms and their functions, the local and domestic context of constitutional environmental provisions, the non-constitutional points of interaction between environmental law and public and constitutional law, and how the form and content of environmental law are shaped by domestic structures of government (and governance). The chapter concludes with an assessment of the impact of environmental law on public and constitutional law.

The Invention and Plant Variety

10.1093/oso/9780199688616.003.0004 ◽

2017 ◽

Author(s):

Justine Pila

Keyword(s):

Subject Matter ◽

Individual Subject ◽

Plant Variety ◽

Essential Properties ◽

The Subject ◽

The Law ◽

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

Digital Technologies in Law-making Activity: Theoretical and Legal Aspect

Prologue Law Journal ◽

10.21639/2313-6715.2021.2.1. ◽

2021 ◽

Author(s):

I. D. Yagofarova ◽

Keyword(s):

Public Relations ◽

Legal Aspect ◽

Digital Technologies ◽

Legal Regulation ◽

Final Decision ◽

Future Directions ◽

Economic Relations ◽

The Subject ◽

Main Regulator ◽

The article is devoted to the introduction of digital technologies in law-making activities. The process of digitalization has actively affected economic relations, which has led to the transformation of public administration. Law, being the main regulator of public relations, is also undergoing significant changes. The subject of the study is the results of the digitalization of law-making activities, which leave an imprint on the entire system of state and legal relations. The article presents a bibliographic review of modern works on this issue, describes the main trends in this area, and assesses the practical results of the digital technologies impact on law-making. The models of digitalization are analyzed: automation of all processes, which assumes the absolute exclusion of a person and the preservation of human participation at the stage of making the final decision. The author investigates the main stages of law-making activity, where the use of digital technologies is possible: the formation of law-making initiatives; the process of preparing a normative legal act; discussion of the draft normative legal act; the voting process; the process of promulgation and publication. The author provides the examples of specific electronic platforms: «Russian Public Initiative», the System for Ensuring Legislative Activity, Simplex+, Reaching everyone for active citizenship & home (REACH) and specific technologies (ML-model, LL-model, blockchain), both already used and developed in Russia and abroad. It is indicated that digital technologies can be used to systematize regulatory legal acts, and the question of using digital technologies in predicting the future directions of legal regulation is raised. It is concluded that it is necessary to determine the main directions and principles of digitalization of law-making, the goals and limits of the introduction of digital technologies in the law-making process.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-2-6941 ◽

2017 ◽

Author(s):

Оlena Shtefan ◽

Keyword(s):

Law Enforcement ◽

Social Relations ◽

Legal Protection ◽

Legal Regulation ◽

Judicial Reform ◽

Procedural Law ◽

History Of ◽

The Subject ◽

Definition Of ◽

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

SPECIFICS OF COMBATING CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION WITH THE USE OF ADMINISTRATIVE LAW MECHANISMS

Central Russian Journal of Social Sciences ◽

10.12737/18238 ◽

2016 ◽

Vol 11 (1) ◽

pp. 107-113

Author(s):

Гончарук ◽

Natalya Goncharuk

Keyword(s):

Russian Federation ◽

Civil Service ◽

Legal Liability ◽

Legal Regulation ◽

Administrative Law ◽

Legal Provisions ◽

Administrative Procedures ◽

The Subject ◽

The Russian Federation ◽

The article provides analytical information on anti-corruption in the system of the civil service of the Russian Federation. The article presents the rationale for further elaboration of decisions on combating corruption at the level of administrative law-making and enforcement of administrative law, because the existing legal provisions should find their content in all kinds of legal liability. It is in the field of administrative legal regulation the concrete mechanisms of combating corruption should be enhanced, gaps should be eliminated, creating opportunities for corruption, the formed schemes of corrupt interaction should be destroyed. A similar situation exists in the scientific coverage of the problems of combating corruption. The existing monographic publications and sources on the subject widely present the strategic and tactical aspects, however, questions on the use of administrative procedures and anti-corruption mechanisms need to be further developed.

Constitutional Principles and Criminal Law

Israel Law Review ◽

10.1017/s0021223700016861 ◽

1993 ◽

Vol 27 (1-2) ◽

pp. 84-99 ◽

Cited By ~ 4

Author(s):

Mordechai Kremnitzer

Keyword(s):

Criminal Law ◽

Human Dignity ◽

Judicial Review ◽

Constitutional Law ◽

Human Beings ◽

New Era ◽

Basic Law ◽

Penal Law ◽

The Subject ◽

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.