scholarly journals “The Subject Matter of the Branch Gets its Actual Expression in the System:” Prof. Ekaterina I. Kozlova about the System of Constitutional Law and its Institutions

2020 ◽  
Vol 15 (3) ◽  
pp. 26-34
Author(s):  
K. A. Kononov
Keyword(s):  
Subject Matter ◽  
Constitutional Law ◽  
Public Law ◽  
State Law ◽  
Constitutional State ◽  
The Subject

The paper has analyzed the academic heritage of Prof. Ekaterina I. Kozlova in the part of her research of fundamental issues of the theory of constitutional (state) law, namely: the system of the branch under consideration and public law institutions. The author focuses on suggested by Prof. Ekaterina I. Kozlova innovative division of the system of the branch of constitutional law and the structure of the Constitution, the substantive approach to the construction of the institution of state law, consistent defense of the concept of unity of the system of constitutional (state) law. The author has determined the current significance of the conclusions made by Prof. Ekaterina E. Kozlova concerning the development of constitutional law institutions: complication of their structure, expansion and specialization of constitutional law norms and, as a consequence, the emergence of complex institutions and the problem of subsectors; an increase in the number of norms, i.e. principles and procedural rules in constitutional law.

scholarly journals Constitutional Law Basis of Parliamentary Law of Russia

Lex Russica ◽  
2019 ◽  
pp. 62-69
Author(s):  
A. S. Koshel
Keyword(s):  
Social Relations ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Public Law ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Procedural Law ◽  
Constitutional State ◽  
The Subject ◽  
Independent Branch

The article deals with the constitutional and legal basis for determining the system of parliamentary law: The subject matter, methods, and sources. It is stated that legal norms characterized by common features, internal unity and different from the norms of other branches of law form an independent branch (a sub-branch of constitutional) law. For now, the institutions of parliamentary law are studied within the framework of the theory of state and law, constitutional (state) law, and, to some extent, administrative law, and parliamentary procedural law is distinguished. In this regard, the article notes that the development of democracy and parliamentarism, the increasing importance of Parliament in the implementation of the principle of separation of powers always compels the legal doctrine to separate parliamentary law. The author substantiates the conclusion that constitutional law, as the leading branch of public law, regulates social relations that are usually called basic (constitutional) — or fundamental — in each area of life, while parliamentary law has theoretical and legal prerequisites for being separated into an independent branch (sub-branch of constitutional) law without violating the organic unity of constitutional law. Thus, the author believes that at the present level of democracy development it is possible to state the presence of prerequisites for the formation of a new branch (sub — branch) of law — parliamentary law.

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

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.

Constitutional and Administrative Law

2020 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Writing Style ◽  
The Subject ◽  
Self Test ◽  
The Law

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This eleventh edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.

Constitutional Law, Administrative Law, and Human Rights

2021 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Social History ◽  
Constitutional Law ◽  
Administrative Law ◽  
Public Law ◽  
The European Union ◽  
Historical Sources ◽  
The United Kingdom ◽  
Core Elements ◽  
The Subject

Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory as well as legal and social history. It also includes detailed coverage of the UK’s proposed departure from the European Union after the 2016 referendum and the subsequent Miller litigations, as well as the negotiations on the terms of departure. It looks at the polarised positions of ‘soft brexit’ and ‘hard brexit’ and examines what brexit might actually mean for the United Kingdom.

10. Introduction to administrative lawThe foundations and extent of judicial review

2021 ◽  
pp. 142-160
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Subject Matter ◽  
Public Law ◽  
Essential Information ◽  
High Court ◽  
Court Judge ◽  
Public Body ◽  
The Subject ◽  
The Right ◽  
Public Bodies

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

A Discourse-Theoretical Conception of Practical Reason

2021 ◽  
pp. 255-274
Author(s):  
Robert Alexy
Keyword(s):  
Human Rights ◽  
Practical Reason ◽  
Subject Matter ◽  
Practical Rationality ◽  
Discourse Theory ◽  
The Core ◽  
Pragmatic Argument ◽  
Constitutional State ◽  
Theoretical Conception ◽  
The Subject

Contemporary discussions about practical reason or practical rationality invoke four competing views, which, by reference to their historical models, can be named as follows: Aristotelian, Hobbesian, Kantian, and Nietzschean. The subject matter of this chapter is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the core lies the justification and the application of the rules of discourse. An argument consisting of three parts is presented to justify the rules of discourse. The three parts are as follows: a transcendental-pragmatic argument, an argument that takes account of the maximization of individual utility, and an empirical premise addressing an interest in correctness. Within the framework of the problem of application, the chapter outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.

10. Introduction to administrative law: the foundations and extent of judicial review

2019 ◽  
pp. 141-158
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Essential Information ◽  
High Court ◽  
Court Judge ◽  
Public Body ◽  
The Subject ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

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