scholarly journals Functions of constitutional and legal responsibility: problems of conceptualisations

2020 ◽  
pp. 100-104
Author(s):  
Nataliia Batanova
Keyword(s):  
Constitutional Law ◽  
Academic Discipline ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Rights ◽  
Constitutional Order ◽  
Object Composition ◽  
Characteristic Features ◽  
The One ◽  
Definition Of

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc. The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.

scholarly journals Functions of constitutional and legal responsibility: methodological problems of research

2020 ◽  
pp. 210-221
Author(s):  
Batanova Nataliya
Keyword(s):  
Constitutional Law ◽  
Academic Discipline ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Rights ◽  
Constitutional Order ◽  
Object Composition ◽  
Characteristic Features ◽  
The One ◽  
Definition Of

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc. The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfillment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.

scholarly journals Purpose, tasks and functions of constitutional and legal responsibility: questions of efficiency of realization

2020 ◽  
pp. 104-109
Author(s):  
Nataliia Batanova
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Theory ◽  
Legal Personality ◽  
Correct Definition ◽  
Concept Of Function ◽  
The One ◽  
Holistic Theory ◽  
Definition Of

In the article some problems of the theory of functions of constitutional and legal responsibility are researched. The relationshipbetween the goals, objectives and functions of constitutional legal responsibility, the functions of the Constitution, the functions of constitutionallaw, the functions of the state and the like is substantiated.Exploring the problems of constitutional and legal responsibility, it is necessary to proceed from a methodological position onunderstanding the functions of legal responsibility in general and the functions of constitutional and legal responsibility in particular,as an active way of constitutional and legal responsibility, directions and forms of its impact on public relationship, the content of thistype of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution andthe constitutional order.Equally important in creating a holistic theory of the functions of constitutional responsibility is the consideration and relationshipof the category “function of constitutional responsibility” and phenomena such as “objectives of constitutional responsibility”,“tasks of constitutional and legal responsibility” and “principles of constitutional and legal responsibility”. Certain theoretical differencesin the definition of these essentially different and, at the same time, interconnected categories give rise to significant contradictionsand conflicts in constitutional theory and legislative practice. They can be overcome only by creating a holistic system of conceptsin which the concept of “function of constitutional and legal responsibility” will occupy a clearly defined place.It is concluded that the concept of “functions of constitutional and legal responsibility”, on the one hand, and the concept of“functions of the Constitution”, “functions of constitutional law”, “functions of the state”, “functions of subjects of constitutional law”,on the other hand, are mutually related. Consequently, this issue of scientific research is relevant and practically significant both interms of the theory of constitutional law and its institutions, primarily the theory of constitutional and legal responsibility, and theapplied aspect, primarily in the context of formation and implementation of legal personality of subjects in constitutional and legal relationship,first of all, bodies and officials of state power and local self-government.It is argued that its functionality and effectiveness depend on the correct definition of the goals and objectives of constitutionalresponsibility.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

Beyond stateless democracy

2015 ◽  
Vol 36 (1) ◽  
pp. 21-41
Author(s):  
William J. Novak ◽  
Stephen W. Sawyer ◽  
James T. Sparrow
Keyword(s):  
Common Good ◽  
John Locke ◽  
The State ◽  
Direct Response ◽  
Classical Liberal ◽  
Liberal Conception ◽  
Neutral Site ◽  
The Common ◽  
The One ◽  
Definition Of

Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something of a diametric opposite.

Latvijas prezidenta Egila Levita runu valodiskais profils: ceremoniālā, juridiskā vai politiskā retorika?

2021 ◽  
pp. 333-345
Author(s):  
Līga Romāne-Kalniņa ◽  
Keyword(s):  
Critical Discourse Analysis ◽  
Political Discourse ◽  
The State ◽  
Point Of View ◽  
Frequent Use ◽  
European Court ◽  
The Media ◽  
The Republic ◽  
Characteristic Features ◽  
Definition Of

Aristotle’s definition of rhetoric as the art of observing the available means of persuasion is one of the most widely used quotations not only in linguistics but also in social, political, and communication sciences. Aristotle, apart from defining the elements of rhetoric (logos, ethos and pathos), has proposed three types of rhetoric that refer either to the present situation (ceremonial), the past (judicial), or the future (political). The current president of Latvia and his language use is one of the most widely discussed topics across the media and academia due to the register, style, and content of his speeches. Moreover, the president of Latvia has a direct impact on how the state is perceived nationally and internationally; thus, it is significant to investigate the linguistic profile of the linguistic expression of the ideas communicated by the president to the wider public. The current study analyses 160 speeches given by president Egils Levits on nationally significant occasions as well as internationally with the aim to investigate whether the speeches of the president of Latvia correspond to the ceremonial, political or judicial rhetoric because the president represents both legal and political discourse as the former judge of the European Court of Human Rights and the former minister of Justice, and as the head of the Republic of Latvia represents the state nationally and abroad. The study is grounded in the theories on rhetoric and Critical Discourse Analysis applied to political discourse and presidential language and discussed by scholars such as Aristotle (1959), Van Dijk (2006), Chilton and Schäffner (2002), O’Keeffe (2006), Van Dijk (2008), David (2014), Wilson (2015) and Wodak and Mayer (2016). The results of the current study reveal that the speeches are a clear representation of a combination of legal, political, and ceremonial rhetoric and cross various semantic fields that are marked by the use of field terminology in combination with topos of definition and name interpretation to explain the terms directly in the speeches. The speeches by Levits are furthermore marked by relatively frequent use of loanwords, neologisms, obsolete words, and compounds that is one of the main characteristics of the linguistic profile of his speeches. Additional characteristic features are the use of parallel sentence constructions, inverted word orders, rhetorical questions, and pronominal referencing to attract the listener's attention and emphasize the thematic areas of the speeches. Nevertheless, it has been concluded that such linguistic techniques as metaphors, metonymies, synecdoche, or hyperbole are used comparatively less frequently, thus making the speeches appear more formal and less emotional from the linguistic point of view.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

Grotius and the Origin of the Ruler's Right to Punish

Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik
Keyword(s):  
Constitutional Law ◽  
John Locke ◽  
Thomas Hobbes ◽  
The State ◽  
Constitutional Theory ◽  
War And Peace ◽  
The Law ◽  
The One ◽  
The Right

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals PARADIGMS OF CONSTITUTIONAL REFORM

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva
Keyword(s):  
Public Relations ◽  
Constitutional Law ◽  
Constitutional Reform ◽  
Political Systems ◽  
Basic Law ◽  
The Status ◽  
Detailed List ◽  
Fundamental Law ◽  
The One ◽  
Definition Of

The article deals with the theoretical aspects relating to reforms in the fundamental law of a State — Constitution. It is noted that the Constitution is a developing legal substance which is shaped by and dependent on the existing economic, political, social and even ideological situation; conservation of the basic law can cause both public tension, and also hamper the evolution of statehood. The author attends to the correlation of notions of “constitutional reform” and “change of the constitution”. Also analyzed are the approaches towards the definition of the term of constitutional reform which have been elaborated by the doctrine. It contains a detailed list of terminology which is used in the science of constitutional law and has a direct relevance to reformation of the constitution. Emphasis is made on the new trend in research in the science of constitutional law which reflects the two-sided approach — on the one hand, a factor of progress, and on the other hand, — may be viewed as a tool necessary to make public relations stable and dynamic. The article contains a list of model provisions for the present day constitution which potentially can be employed. It relates to the provisions of the constitution relating to the status of a person, also, economic, social and political systems, etc. Comparative law approach is applied to the contents of constitutional reforms of the XX and XXI centuries in various countries. It notes that a stable basic law of a country is a key symbol of a legal identity of a nation.

scholarly journals JUSTICE IN MODERN RUSSIA: THE CONCEPT AND FEATURES

2018 ◽  
Vol 22 (4) ◽  
pp. 527-546
Author(s):  
Olga V Pankova
Keyword(s):  
Intrinsic Property ◽  
Subject Area ◽  
The State ◽  
Point Of View ◽  
General Definition ◽  
Judicial Reform ◽  
State Activity ◽  
Judicial Procedures ◽  
The One ◽  
Definition Of

The article reveals the essential characteristics of justice as a specific type of state activity; identifies the main features of justice that distinguish it, on the one hand, from other types of state activity, and on the other - from other types of judicial activity. The purpose of this article is to identify and analyze the features of justice in its modern sense. The versatility of this legal category as an ambivalent definition is reflected in its various characteristics, through the consideration of which the most general definition of justice is formulated in the work. The methodological basis of the article is the modern achievements of the theory of knowledge. In the course of research theoretical, General philosophical (dialectics, system method, analysis, synthesis, deduction), traditional legal methods (formal-logical) were applied. Turning to the question of the characteristics of justice, the author touches upon the problem of its broad and narrow understanding due to the increasing role of mediation, conciliation and arbitration as alternative forms of resolution of legal conflicts, as well as in connection with the empowerment of certain state bodies of jurisdictional powers, and concludes that, unlike a number of foreign countries, justice in Russia can be carried out only by state courts. Of considerable interest is also the study of the subject area of justice, which is related to the situation of legal conflict. In this context, the author's analysis of the concept of "legal conflict" and his proposed differentiation of such conflicts into types with subsequent consideration of each of them is quite legitimate. In the context of the formation of the new Russian statehood, the arbitration sign of justice acquired a different sound, which is considered in the work from the standpoint of the special jurisdictional procedural activity of the court and the situational nature of justice. Since the beginning of the modern judicial reform, objective changes in the activities of the courts associated with the emergence of simplified and writ proceedings that have simplified the procedure for the consideration and resolution of certain categories of administrative and civil cases, as well as the allocation of jurisdictional powers to other state bodies that are not part of the judiciary, but use quasi-judicial procedures, i.e. almost judicial procedures as close as possible to them, have significantly changed the attitude to the procedural form of justice, which has lost its former importance. In this regard, the author substantiates the point of view that nowadays in order to determine the qualitative nature of the jurisdictional bodies, it is necessary to identify, in particular, the distinctive features in each of the procedural forms. Revealing in more detail the content of methods and means of justice, the author touches upon the problem of correlation of this legal category with justice and on the basis of the analysis of different points of view comes to the conclusion that these concepts can not be considered as legal phenomena that coincide in whole or in part. Justice is rather an intrinsic property of justice, contributing to its perception as a social and legal value. As one of the most important signs of justice in the work is considered the state-power nature and reliability of judicial decisions, the execution of which involves the suppression of the will (freedom) or material deprivation of one of the parties with the use in certain cases of power and force of the state. In this regard, some attention is paid to the characterization of the binding nature of the judgment as one of its essential properties. Examining justice as categories which help to reveal the contents and legal merits of this form of state activity, in the definition of the given concept into a single, unified definition.

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