Problems of the concept “guarantor of the constitution”

2021 ◽  
Vol 30 (2) ◽  
pp. 15-45
Author(s):  
Mikhail Krasnov
Keyword(s):  
Human Dignity ◽  
Large Scale ◽  
The State ◽  
Political Actor ◽  
Normal Functioning ◽  
Public Power ◽  
Political Force ◽  
State Apparatus ◽  
History Of

The article critically analyses the concept of “guarantor of the constitution”. Briefly describing the history of the emergence of the concept, the author argues that it was originally understood too narrowly – only as a function of ensuring the stable functioning of the state apparatus. This is also how it is understood today. Meanwhile, even if the state apparatus is formally operating legally, this does not always mean that its operation is consistent with constitutional principles and values. The constitution is not simply an act of supreme legal force. It is imbued with constitutionalism, which boils down to the idea and practice of limiting power for the sake of the value of human dignity. In its turn, constitutionalism is secured by a number of principles and values, including pluralism. However, constitutionalism can also suffer from pluralism. The article speaks of two threats on this side: first, large-scale inter-party conflicts (both direct and “disguised” as conflicts between state bodies) and, second, the possibility of a political force aligned against constitutionalism gaining state power. Consequently, guaranteeing the constitution consists not only of ensuring the normal functioning of the institutions of public power, but also of protecting and defending the constitutional principles and values, which together represent constitutionalism. However, practice shows that presidents either neglect this “second part” or use the appeal to constitutional values to strengthen their own power. In the author’s view, this is due to the fallacy of the very model of a mixed (semi-presidential) republic, within which the concept of “guarantor of the constitution” emerged. The institution of the president in this model is positioned by doctrine as politically neutral and therefore above all branches of power. However, the neutrality of the president of a mixed republic is illusory, for he is a more or less active political actor and therefore incapable of fulfilling the role of guarantor of the constitution. The false presumption of presidential neutrality not only makes the institution of the guarantor ineffective, but also contributes to the authoritarian trend of the president.

scholarly journals Basic Functions of the State, Supreme Authority and State Apparatus:Criteria of Distribution and Political and Legal Content

2019 ◽  
Vol 6 (2) ◽  
pp. 140-149
Author(s):  
Nikolai Ivanovich Grachev
Keyword(s):  
The State ◽  
General Function ◽  
Entire System ◽  
Strategic Decisions ◽  
Public Power ◽  
Sovereign State ◽  
State Management ◽  
State Apparatus ◽  
Basic Functions

In scientific works devoted to the functions of the state, they are not separated from the functions of the state apparatus, moreover, the functions of the latter are not emphasized. The reason for this is the actual identification of the state with the organization of public political power, its apparatus (mechanism). With this approach, it is quite natural that the functions of the state and the functions of the state apparatus are actually identical. The article substantiates the existence of any sovereign state objective organic functions: integration, adaptation, institutionalization, and management, from which the functions of the entire system of public power of the state. The General and General function of the latter is the public (state) management of all socially significant Affairs in the state, which ensures its maintenance, preservation and reproduction of its own systemic integrity, and, where necessary, reform and development. All areas and activities of public authority, which in the theory of state and law is called the functions of the state actually act as a function of the state apparatus. According to their content, they are activities for the management of the entire system of public power by individual branches and spheres of public life and can be classified on a variety of grounds: internal and external; basic and non-basic (auxiliary); economic, social, cultural, administrative and political, etc. Their distribution between different levels, levels and bodies of the state apparatus are established by the Supreme power, the main functions of which are the constituent (the establishment and reform of the state), the management of the state-organized society as a single integral organism (political leadership), the function-the role of the political center as the place of the most important strategic decisions, the function-the role of the Supreme socio-political arbiter in the state and society.

scholarly journals The role of confucianism in sociopolitics of the Nguyen dynasty in the first half of the 19th century

2021 ◽  
Author(s):  
鬼谷 子
Keyword(s):  
19Th Century ◽  
Social Role ◽  
Political Stability ◽  
The State ◽  
State Apparatus ◽  
The Social ◽  
History Of ◽  
The 19Th Century

The research focuses on how the Nguyen dynasty it became the first to have the largest territory in the history of Vietnam in its nearly 60 years of establishing and reigning over the unified country in the first half of the 19th century. It is seen that in terms of organizing the state apparatus, Gia Long and Minh Mang retained the system of agencies of the previous dynasties and continued reforms to ensure socio-political stability in their governance at that time. The study also clarifies the social role of Confucianism in the Nguyen dynasty, i.e. in the first half of the 19th century, which, in our opinion, is theoretically and practically significant, with the hope of further unraveling the role of Confucianism in that period.

scholarly journals role of confucianism in sociopolitics of the Nguyen dynasty in the first half of the 19th century

2021 ◽  
Vol 5 (S4) ◽  
pp. 2403-2412
Author(s):  
Pham Thi Lan
Keyword(s):  
19Th Century ◽  
Social Role ◽  
Political Stability ◽  
The State ◽  
State Apparatus ◽  
The Social ◽  
History Of ◽  
The 19Th Century

The research focuses on how the Nguyen dynasty it became the first to have the largest territory in the history of Vietnam in its nearly 60 years of establishing and reigning over the unified country in the first half of the 19th century. It is seen that in terms of organizing the state apparatus, Gia Long and Minh Mang retained the system of agencies of the previous dynasties and continued reforms to ensure socio-political stability in their governance at that time. The study also clarifies the social role of Confucianism in the Nguyen dynasty, i.e. in the first half of the 19th century, which, in our opinion, is theoretically and practically significant, with the hope of further unraveling the role of Confucianism in that period.

The Research of Historical Background that Architectural History Lacks in

2014 ◽  
Vol 584-586 ◽  
pp. 257-260
Author(s):  
Gui Jie Song ◽  
Xing Chen
Keyword(s):  
Large Scale ◽  
Architectural History ◽  
The State ◽  
Historical Background ◽  
Traditional Architecture ◽  
State Institute ◽  
History Of ◽  
City Plan ◽  
Role Of Men

Architectural history of China is all about the forms of mute objects and urban plans as well as architectural technology and spatial art. The role of men in the process of construction is neglected. The detail of the men working on the project should be made visible in the history. Only in this way, we can understand a whole architecture or a city plan [1]. The story of how to start a project and how to manage a project is a very important part of architectural history because a building or a city should not be allowed to construct without a reasonable demand and should not be constructed without management specially a large scale of project. Accordingly, management and historical background should be reflected in the history of a building or a city plan, rather than leaving them as anonymous elements behind the history. In this paper, some examples are taken to exemplify why the role of men is neglected from the state institute to the craftsmen themselves and the importance of the role in a construction. How to manage or determine a project is also studied to exemplify part of the reason why traditional architecture in China develops in this way [2].

How Finance Colonised Aotearoa: A Concise Counter-History

2019 ◽  
Vol 7 ◽  
pp. 41
Author(s):  
Catherine Cumming
Keyword(s):  
Financial Institutions ◽  
The State ◽  
Colonial History ◽  
Financial Instruments ◽  
Financial History ◽  
Early Colonial ◽  
History Of

This paper intervenes in orthodox under-standings of Aotearoa New Zealand’s colonial history to elucidate another history that is not widely recognised. This is a financial history of colonisation which, while implicit in existing accounts, is peripheral and often incidental to the central narrative. Undertaking to reread Aotearoa New Zealand’s early colonial history from 1839 to 1850, this paper seeks to render finance, financial instruments, and financial institutions explicit in their capacity as central agents of colonisation. In doing so, it offers a response to the relative inattention paid to finance as compared with the state in material practices of colonisation. The counter-history that this paper begins to elicit contains important lessons for counter-futures. For, beyond its implications for knowledge, the persistent and violent role of finance in the colonisation of Aotearoa has concrete implications for decolonial and anti-capitalist politics today.  

The History of the Creation of the VII State Pharmacopoeia of the USSR (Review)

2021 ◽  
Vol 10 (2) ◽  
pp. 128-135
Author(s):  
K. S. Guzev
Keyword(s):  
Detailed Analysis ◽  
The State ◽  
Main Text ◽  
Scien Tists ◽  
History Of ◽  
Points Of View ◽  
The Creation ◽  
Objective Necessity

Introduction. The objective necessity of the appearance of this code of laws for the pharmaceu-tical industry is shown. The proofs of the readiness of all branches of pharmacy to develop the text of the Pharmacopoeia, taking into account modern international requirements for scientific and practical activities in the development, manufacture and production of medicines, are presented.Text. The work presents the history of the creation of the VII edition of the State Pharmacopoeia of the USSR. The sequence of steps for the formation of the Pharmacopoeia Commission, the stages of its activities for the preparation of the updated text of the Pharmacopoeia is described, a detailed analysis of the prepared text is given in comparison with the current Pharmacopoeia of the VI edition (1910). Various points of view of experts on the content of the main text are cited, which served as the basis for the new document. The role of domestic scien-tists-pharmacists in the development and publication of the VII edition of the State Pharmacopoeia of the USSR is evaluated.Conclusion. The role of the Pharmacopoeia Commission in the timely development of the text of the new edition of the State Pharmacopoeia is emphasized. The fact of its wide discussion among experts and the novelty of the approach, which gave a powerful impetus to the development of the entire industry, are noted.

Illegal Construction in Hanoi and Hanoi's Wards

2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh
Keyword(s):  
State Power ◽  
The State ◽  
The People ◽  
The Face ◽  
History Of ◽  
State Boundaries ◽  
Urban Administration ◽  
Ability And Willingness

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

scholarly journals The Work of the Central Statistical Committee in 1917-1918

2019 ◽  
Vol 26 (10) ◽  
pp. 62-70
Author(s):  
N. Yu. Cherepenina ◽  
A. L. Dmitriev
Keyword(s):  
Russian Federation ◽  
The State ◽  
State Archive ◽  
Soviet Government ◽  
Soviet State ◽  
Central Statistical ◽  
History Of ◽  
The Russian Federation ◽  
Revolutionary Period

The activity of state statistics throughout the revolutionary period of 1917 is uncharted territory in the history of Russian statistics. Using documents from the State Archive of the Russian Federation, the authors examined for the first time the last year of the Central Statistical Committee. Unlike other state structures of the previous government, it was not dissolved after the events of October 1917 and continued to operate after the Soviet government moved to Moscow. The article contains information on the first «Soviet» Head of the Central Statistical Committee of the Commissariat of Internal Affairs V.A. Algasov and outlines the work of Professor M.A. Sirinov, who was offered a position of the Head of the Central Statistical Committee by the People’s Commissar of Internal Affairs G.I. Petrovsky. Archive records helped establish the fact that both the authorities of the Central Statistical Committee and some statisticians came up with an idea of founding a new statistical service based on the Central Statistical Committee and gubernia (provincial) statistics. The authors revealed the role of V.V. Stepanov in relocating the Library of the Central Statistical Committee to Moscow. The article describes the clash of opinions that preceded the establishment of the Soviet state statistics, to be specific the inauguration of the RSFSR Central Statistical Board, which was envisaged to be an independent body, not subordinate to any agency, to ensure the independence of the country’s statistical service. 

scholarly journals INTERNATIONAL EXPERIENCE OF THE STATE REGULATION OF TOURISM: LESSONS FOR UKRAINE

2020 ◽  
Author(s):  
V. Stoika ◽  
Keyword(s):  
State Regulation ◽  
The State ◽  
Frequent Change ◽  
Role Of The State ◽  
Constituent Element ◽  
State Participation ◽  
History Of ◽  
Tourist Infrastructure ◽  
Governmental Institutions

Organization of the state regulation of tourism in Ukraine and opportunities for its improvement on the basis of learning from the experience of leading tourist countries in Europe is the purpose of the study. The notion and main purpose of the state regulation of tourist activities is substantiated. It is established that the history of the state regulation of tourism in Ukraine points to the frequent change and re-organization of its central body, which did not facilitate the development of tourism. Analysis of the role of the state in the organization and development of tourist activities in different countries of the world allowed determining four types of models of the state participation in regulation of tourism as a constituent element of economy of the mentioned countries: American, Budget-Forming, European and Mixed. Experience of leading tourist countries (France, Spain, Great Britain and Italy) convinces of the necessity for the efficient building-up of the state bodies responsible for the development of the mentioned branch. Efficient organization of tourism in a country and its state regulation, cooperation with non-governmental institutions, active promotion of the national tourist product, implementation of efficient promotion and PR activities and a developed tourist infrastructure facilitate interest in this country by the tourists and inflow of monetary resources.

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