scholarly journals Formation of a Developed Civil Society as the Main Direction of Development of the Modern Kyrgyz State

2021 ◽  
Vol 7 (3) ◽  
pp. 274-280
Author(s):  
T. Imankulov ◽  
T. Kongantiev
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
Main Direction ◽  
Constitutional Reform ◽  
International Standards ◽  
Kyrgyz Republic ◽  
The Rule Of Law ◽  
Current State

The authors analyze the current state of civil society in the Kyrgyz Republic and its contribution to the processes of democratic transformations in the state, including the fight against corruption and constitutional reform. The conclusion is made that some political scientists underestimate the level of development of civil society in the Kyrgyz Republic. The authors analyzed the shortcomings of the draft of the new Constitution of the Kyrgyz Republic for their compliance with international standards of the rule of law.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals The Current Political Challenges to the Mexican Democratisation Process

2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Society ◽  
The Rule Of Law ◽  
Institutional Revolutionary Party ◽  
Current State ◽  
Revolutionary Party

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.

Theory of Government and Rights

2021 ◽  
Author(s):  
Gennadiy Pracko
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
Law Students ◽  
The Rule Of Law ◽  
Basic Concepts

In the textbook, in accordance with the requirements of the curriculum of the course, the basic concepts, categories, current issues concerning theories of state and law. At the same time, attention is focused on the problems state and law in the conditions of the formation and development of civil society and the rule of law. The textbook is intended for law students. This publication can be useful for everyone who is interested in the problems of the state. and rights

Sociedad Civil, Estado De Derecho Y Justicia Constitucional. El Rompimiento De Paradigmas Y La Generación De Nuevos Retos

Xihmai ◽  
2019 ◽  
Vol 13 (26) ◽  
Author(s):  
Francisco Jaime Hidalgo González [1]
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Sphere ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Constitutional Justice ◽  
Investigación Cualitativa ◽  
Sociedad Civil

ResumenA partir de la reforma constitucional de junio de 2011, la obligación del Estado, desde su actuar integral de garantizar y tutelar los derechos humanos, generó una nueva dimensión desde la cual debemos entender y construir el Estado de Derecho. La Justicia Constitucional tiene como fines principales mantener la supremací­a constitucional, el equilibrio entre los poderes del Estado y la protección de las personas limitando el ejercicio de poder polí­tico a través de la aplicación de dos principios sustantivos y procedimentales: el principio de constitucionalidad y el principio de convencionalidad.Palabras clave: Estado, Sociedad Civil, Esfera Pública, Estado de Derecho, Justicia Constitucional, Derechos Humanos.AbstractSince the constitution reform of june 2011 the obligation of the State from his responsibility of guarantee and protect human rights generated a new dimension from which we must understand and build the Rule of Law. The Constitutional Justice has as main goals keep the constitutional supremacy, the balance between the powers of the State and the protection of the individuals by limiting the exercise of political power through the application of the principles of constitutionally and conventionality.Keywords: State, Civil Society, Public Sphere, Rule of Law, Constitutional Justice, Human Rights.    [1] Egresado de la Licenciatura en Derecho de la Universidad La Salle Pachuca. Profesor de Derecho Constitucional y Procesal Constitucional en la misma Universidad. Cuenta con estudios sobre Sociedad Civil e Instituciones Democráticas, Metodologí­as de Investigación Cualitativa y Cuantitativa, desarrollo de análisis legislativo, así­ como para la planeación, implementación y evaluación de Indicadores de Gestión y Evaluación de Polí­ticas Públicas. Ha publicado diversos artí­culos académicos sobre Ciudadaní­a, Democracia, Derechos Humanos, Análisis Constitucional y Comportamiento Electoral. Es miembro del Centro de Estudios Constitucionales y Derechos Humanos del Estado de Hidalgo.

State Strategies of Resisting Social Accountability

2013 ◽  
Vol 27 (4) ◽  
pp. 727-742 ◽  
Author(s):  
Mihai Varga
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Social Accountability ◽  
The State ◽  
New Democracies ◽  
The Rule Of Law ◽  
Wide Range ◽  
Legal Mandates ◽  
Containment Measures ◽  
Public Opposition

This article contributes to growing research about the emergence of the rule of law, or horizontal accountability, still a salient difference between Western institutionalized democracies and the new democracies in post-communist Eurasia. Recent research has theorized “social accountability” as a possible mechanism linking public campaigning by civic associations with the activation of institutions of horizontal accountability. By reviewing the recent public campaigns of various associations in post-Soviet Ukraine, this article “turns the lens” of such research by focusing less on the characteristics of the civil society actors mobilizing to bring about accountability and more on the state itself. It argues that the prospects for horizontal accountability have to be judged against a wide range of containment measures that states attempt in order to demobilize public opposition to their policies. Such measures operate through “twisted legality,” a set of measures policing protests through means that are largely legal but specifically target protesters in ways that could not function were state powers indeed separated (for instance, if the police apparatus were to operate on the basis of legal mandates issued by independent courts). Furthermore, the goal of policing actions is to push protesters “out of legality,” in ways that I describe below.

scholarly journals Constitutional Reform and Emergency Powers in Egypt and Tunisia

2015 ◽  
Vol 7 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Andrej Zwitter
Keyword(s):  
Rule Of Law ◽  
Arab Spring ◽  
The State ◽  
Constitutional Reform ◽  
Authoritarian Rule ◽  
State Of Emergency ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Constitutional Reforms ◽  
The Arab Spring

Legal mechanisms governing the state of emergency can play an important role in authoritarian rule and post-revolutionary transition periods. Egypt has experienced the terror of a regime empowered by emergency law. In Tunisia, emergency law was not so much an issue before but rather after the Jasmine revolution. Given the importance of emergency regulations in both cases, this article provides brief process-oriented accounts of the constitutional reforms triggered by the Arab Spring. It furthermore takes a critical look at how Egypt and Tunisia have redesigned these norms in the latest constitutions of early 2014. On the basis of criteria regarding the rule of law and mechanisms of crisis governance in modern democracies, this article then analyses and evaluates the key elements regarding checks and balances pertaining to emergency regulations in the 2014 constitutions.

The Principles of Constitutionalism

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Limit State ◽  
Well Being ◽  
The State ◽  
The Rule Of Law ◽  
Constitutional State ◽  
The Relationship

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles—sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society—casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

scholarly journals INTERNATIONAL LEGAL TERMS THE INDEPENDENCE OF THE JUDICIARY AND TRANSITOLOGICAL FEATURES OF CONSTITUTIONAL DEVELOPMENT IN THIS AREA

2017 ◽  
pp. 0-0
Author(s):  
Гагик Арутюнян ◽  
Gagik Arutyunyan
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
International Standards ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Independent Judiciary ◽  
Venice Commission ◽  
Judicial Procedure

In the context of the activities of the European Commission for Democracy through Law (Venice Commission) the article presents a brief analysis of the constitutional provisions enshrining the guarantee of the independence of the judiciary, their compliance with the international standards in this field. Also the author has made a comparative analysis of the rule of law index, in the result, he has concluded that the countries of Eastern Europe in average the conditions and independence of the judiciary are unsatisfactory. Using the amendments to the Constitution of Armenia in 2015, the author provides examples of new constitutional solutions to overcome the current situation and existing problems in the process of formation and functioning of an independent judiciary. During the constitutional reform of 2015 were reformulated the fundamental rights to address complains to the international bodies. The rules on election and appointment of judges were changed, for example the delay of the exercise of the office of president of courts was modified. The High Judges Council was established having as its main purpose the protection of judges’ independence. Some changes were introduced to the judicial procedure having as a main goal its democratization.

scholarly journals Judicial reform as a tool for increase efficiency of legal protection of individuals

2021 ◽  
Vol 5 (2) ◽  
pp. 16-32
Author(s):  
A. V. Malko ◽  
S. F. Afanasiev ◽  
V. A. Terekhin
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Maximum Efficiency ◽  
Judicial Reform ◽  
The Rule Of Law ◽  
Conceptual Foundations

The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.

scholarly journals THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY

2021 ◽  
Vol 01 (01) ◽  
pp. 4-8
Author(s):  
Jaloliddin Ne'matjonovich Polvanov ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Control ◽  
The Public ◽  
Direct Participation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Democratic State

This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.

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