constitutional legality
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2021 ◽  
Vol 6 (7) ◽  
pp. 28-36
Author(s):  
Okilakhon Karakhodjaeva ◽  

Having chosen the path of building a democratic, legal state, a strong civil society, Uzbekistan hasdefined human rights and interests, the principle of the supremacy of the Constitution and laws as the most important priority of social development, statebuilding, and its entire domestic and foreign policy. Today, one of the effective elements of the protection mechanism of the human rights of any country is constitutional control, implemented through constitutional proceedings. Analyzing the activities of the Constitutional Court, the role and significance of constitutional justice as the main means of protecting the constitutional rights and freedoms of citizens and ensuring constitutional legality in the country, the author, on the basis of a constitutional and legal study, studies the principles, features of the stages of constitutional proceedings, examines the essence of the legislative framework for securing procedural terms. Materials and methods. The implementation of the set research tasks was achieved by analyzing the legal norms of domestic legislation governing the activities of the Constitutional Court.


2020 ◽  
Vol 34 (2) ◽  
pp. 55-59
Author(s):  
R.M. Akutaev ◽  

The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms of citizens can only be achieved through the joint efforts of all bodies of state power and local self-government, officials and ordinary citizens to ensure constitutional legality in lawmaking and law enforcement, which the constitutional justice bodies consistently uphold.


Lampas ◽  
2019 ◽  
Vol 52 (3) ◽  
pp. 349-376
Author(s):  
Jaap-Jan Flinterman

Summary The present article compares Augustus’ portrayal of the beginning of his political career, in Res Gestae 1-2, with what is otherwise known of the events mentioned or suppressed by the princeps in these chapters. He rewrote the story of his remarkable political acrobatics in 44-43 BCE so as to fit in with the ideology of the principate: a leadership embedded in constitutional legality and based on a consensus rooted in recognition of his extraordinary merits as alleged saviour of the res publica. In turning history into ideology, he profited in no small measure from the support he had received from Cicero during the earliest stage of his career.


Author(s):  
D. A. KOLESNIKOV

The article highlights the activities of the constitutional (charter) courts of the constituent entities of the Russian Federation concerning the protection of social rights of citizens and their role in the mechanism of protection of these rights. The author provides examples from judicial practice on the issues of their respect, implementation and interpretation. Attention is paid to extra-procedural activities of constitutional (charter) courts and their contribution to the development and improvement of the theory of social rights, social norms of law, including through published and declared messages. The author focuses on their positive role in strengthening the constitutional legality and the principles of the Social State. The paper contains the statistical data concerning the consideration of cases, namely the ratio between court decisions on issues of social rights and the total number of final court acts (on the example of the constitutional courts the Volga Federal District). A number of key problems of regional constitutional proceedings are highlighted, including implementation (enforceability) of decisions of constitutional (charter) courts affecting social rights of citizens.


Author(s):  
V.V. Knysh

The problem of the implementation of constitutional responsibility of Ukraine has two main aspects: 1) the legal aspect, that is, the regulatory framework governing this type of responsibility; 2) organizational aspect - a system of measures aimed at implementing measures of constitutional legal responsibility. In Ukraine, there is a problem of both regulatory support and the implementation of organizational foundations in this area. That is why the problem of legal consolidation and implementation of the legal liability mechanism in Ukraine is relevant and practically significant. In connection with all of the above, the article is devoted to the essential and functional aspects of the implementation of constitutional responsibility in Ukraine. According to the author, the mechanism for the implementation of constitutional legal responsibility is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems), with the help of which the conscious use of their rights, fulfilment of obligations, compliance with prohibitions, and in the case of constitutional legal tort - the application of constitutional legal sanctions in order to ensure constitutional legality, discipline and the rule of law. The author also substantiates that, in our opinion, the following are the signs of the mechanism for implementing constitutional legal responsibility: 1) it is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems) 2) is aimed at ensuring the conscious use of constitutional legal relations by subjects (in vol. Ch. And state-power and state-political relations) of their rights, fulfilment of duties, compliance with prohibitions, which ensures the implementation nation, first of all, their positive (perspective) constitutional responsibility; 3) in the event that the above-mentioned entities commit constitutional law tortes, it is aimed at incarnating their negative (retrospective) constitutional responsibility in the form of constitutional legal sanctions; 4) the ultimate goal of the mechanism for implementing the constitutional legal responsibility of subjects of constitutional legal relations (including Ch. And state-power and state-political relations) is to ensure constitutional legality, discipline and law and order in their activities and in the constitutional relations of which they are subjects.


Author(s):  
Giuseppe De Vergottini

La referencia cada vez más insistente al vínculo entre el referéndum y la secesión no permite justificar la negación del principio de legalidad constitucional. El instituto del referéndum como instrumento de democracia directa, cuando está vinculado a la solicitud de independencia, debe estar previsto constitucionalmente o autorizarse a través de un procedimiento de revisión constitucional.The ever more persistent reference to the link between referendum and secession does not allow to justify the denial of the constitutional legality principle. When the referendum is connected to the Independence request, as a tool of direct democracy has to be constitutionally foreseen or autorized through a constitutional revision procedure.


Author(s):  
А. Р. Крусян

Стаття присвячена розгляду питань щодо удосконалення конституційно-правового регулювання порядку організації та діяльності Конституційного Суду України. Доводить­ся необхідність внесення змін до Конституції України та Закону України «Про Консти­туційний Суд України» з метою підвищення ефективності функціонування єдиного орга­ну конституційної юрисдикції в Україні, що сприятиме посиленню дієвості механізмів охорони Конституції України, забезпеченню конституційної законності, захисту прав і свобод людини.   The article is devoted to the issues of improvement of the constitutional and legal regulation as to the organization and activities of the Constitutional Court of Ukraine. The article provides the necessity of amending the Constitution of Ukraine and the Law of Ukraine «On the Constitutional Court of Ukraine» in order to increase the efficiency of the sole body of constitutional jurisdiction in Ukraine, which will enhance the effectiveness of mechanisms of the Constitution protection, ensuring the constitutional legality, protection of human rights and freedoms.


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