scholarly journals NOOSPHERIC LAW AS A PHENOMENON OF SYNERGISM OF MUNICIPAL AND INTERNATIONAL PUBLIC LAW

2021 ◽  
Vol 2 (5) ◽  
pp. 52-74
Author(s):  
М. О. Baimuratov ◽  
V. P. Ozhereliev
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Global Scale ◽  
Public Law ◽  
Excessive Pressure ◽  
The World ◽  
Legal Sanctions ◽  
Legal Model ◽  
Municipal Law ◽  
Legal Space

Interstate integration functions, which are inherent in both systems – municipal law (ML) and international public law (IPL), in the process of interaction of these systems in the information and legal space of the noosphere, cause a synergistic effect, which positively affects the qualitative content of this process noosphere law (NL). Interstate integration features of ML branches according to the constitutional law (KL) of IPL subjects, which are manifested on a global scale in relation to the IPL system, allow to qualify many branches of ML as part of national law (PNL) subjects of IPL subjects as a separate legal system IPL and PNL. Therefore, at present, it is possible to assert the existence of three types of law: on the basis of the IPL system, the PNL system and the IPL system, which, in turn, has dualistic properties as a global-regional legal system. Thus, the process of interaction of IPL and ML systems due to their interstate integration functions, and, according to the concept of teleology of this process, from the beginning is focused on the emergence, formation and future development of the NSL system. However, it is necessary to monitor this process, taking into account its convergent-divergent lability and the likely strengthening of dangerous trends against the background of excessive pressure of international legal sanctions on individual entities of IPL and ML. These trends point to the threat to the world civilization system by the irreversible autarky of the largest subjects of IPL. In the current conditions, it is important that the application of the "topological double-circuit shell-nuclear information-legal Model of the noosphere" in the study of the phenomenon of synergism of IPL and ML systems allows to obtain a reliable forecast at all stages of the NSL system.

scholarly journals THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES

2021 ◽  
pp. 54-58
Author(s):  
A. Matat
Keyword(s):  
Structural Analysis ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Fundamental Part ◽  
Science Paper ◽  
The Law

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

scholarly journals Science of constitutional law as a basis for the development of the state legal system

2021 ◽  
Vol 66 (2) ◽  
pp. 215-224
Author(s):  
G. A. Vasilevich
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
The State ◽  
Political Pluralism ◽  
Checks And Balances ◽  
The People ◽  
Political Views ◽  
Legal Space ◽  
The Stability

The article analyzes the influence of the science of constitutional law on the formation of constitutional legal relations in the state. The role of scientists in identifying trends in the development of the state and law is reflected. The role of the Constitution as a fundamental act, as an act integrating the entire national legal system, is emphasized. Suggestions are made to improve the system of checks and balances. It is emphasized that the development of constitutional law is influenced by the European legal space. European integration is the most important factor in the process of further development and improvement of national legal systems. A special threat to the stability of the state is created by the split of society, the lack of unity of the people in solving basic issues (property, political pluralism, the real provision of rights and freedoms regardless of political views). The coincidence of constitutional reality and constitutional norms is the most important condition and manifestation of the unity of the state and citizens.

Public Law: Towards a Post-National Model

2003 ◽  
Author(s):  
Gunnar Folke Schuppert
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Legal Culture ◽  
Public Law ◽  
The European Union ◽  
National Model ◽  
Special Quality ◽  
Modes Of Governance ◽  
Crucial Test

The enactment and enforcement of law is regarded as one of the most important attributes of sovereign statehood. Traditionally, ‘sovereignty’ has been understood as meaning the special quality of a state expressed in its ability to shape its own legal system and to enforce it within the territorial limits of its jurisdiction. Hence, the question of the extent to which member states of the European Union are still masters of their legal systems turns out to be a crucial test of their sovereignty. This chapter argues that the legal system of Germany is a Europeanized legal system, in terms both of a European modification of national laws and of a Europeanization of legal culture and modes of governance. This argument takes the form of testing the degree of Europeanization in six different cases, including the field of constitutional law. The conclusion is that the legal system of Germany is a Europeanized legal system and that the German legal profession is quite aware of this development.

ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW

2013 ◽  
Vol 62 (1) ◽  
pp. 55-95 ◽  
Author(s):  
Janina Boughey
Keyword(s):  
Twentieth Century ◽  
Constitutional Law ◽  
Comparative Law ◽  
Administrative Law ◽  
Public Law ◽  
Comparative Methods ◽  
The Past ◽  
The World ◽  
Recent Developments

AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.

Constitution transformation

2021 ◽  
Vol 10 (2) ◽  
pp. 237-255
Author(s):  
Cheryl Saunders
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Global Scale ◽  
First Century ◽  
Paradigm Change ◽  
Global Effect ◽  
Generic Concept ◽  
The World ◽  
Global Constitutionalism ◽  
The Way

AbstractThis article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.

12 Changing the Imperial Mindset

2016 ◽  
Vol 2016 (1) ◽  
Author(s):  
Hauke Brunkhorst
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Early Stage ◽  
Public Law ◽  
Double Structure ◽  
The Third

AbstractThe evolution of the present legal system is powered by the contradictory double-structure of a law that is at once is repressive and emancipatory. I take three examples, one from the early stage of the twentieth century’s legal transformations, and two from the present. They all show that the latent emancipatory potential of public law can be activated to challenge repressive function of hegemonic law. The first example is concerned with the challenge of imperial law from within the managerial mindset of the legal system, the second shows that every modern constitutional law “can strike back”. The third one emphasizes the tension between the Kantian constitutional mindset and the managerial mindset that dominates present international law.

The Significant Role of the Australia Acts in Australian Public Law

2019 ◽  
Vol 47 (3) ◽  
pp. 358-389
Author(s):  
Liam Boyle
Keyword(s):  
Structural Change ◽  
Significant Role ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Tipping Point ◽  
Fundamental Change ◽  
The Public

The Australia Acts accomplished more than symbolic change. They brought about a super-structural change to Australian constitutional law, and shortly afterwards a fundamental change to the public law jurisprudence in Australia emerged. This article presents an argument that these changes are inextricably intertwined and that the Australia Acts provided a significant catalyst and a tipping point for fundamental change to the Australian legal system.

Elements of Constitutionalization: Multilevel Structures of Human Rights Protection in General International and WTO-Law

2003 ◽  
Vol 4 (12) ◽  
pp. 1359-1374 ◽  
Author(s):  
Frank Schorkopf ◽  
Christian Walter
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
World Trade ◽  
Public Law ◽  
International Courts ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
National Perspective

Both internationalists and national constitutionalists are currently reflecting on changes in the basic structures of public law. From the national perspective, the process of globalization puts into question the hitherto generally accepted position of constitutional law as being at the top of the pyramid of norms. In international law, the development of subject-oriented régimes has led to a proliferation of international courts and other bodies entrusted with the resolution of disputes. This tendency entails a danger of fragmentation which contrasts with the current tendency to discover processes of constitutionalization in international law. Starting from the functions of the constitution in national law, the following paper develops in the first part elements of constitutionalization in international law in general (I.). In the second part, the identified problems are elaborated upon in more detail with respect to the law of the World Trade Organization (II.).

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

Sign in / Sign up

Export Citation Format

Share Document