Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2019-5-15-33
Ilya Shablinsky
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Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2021-2-149-179
A. Vershinin
The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.
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Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2019-6-121-136
Oleksandr Yevsieiev
{"title":"How the Constitutional Court of Ukraine “judges” History. Commentary to the judgment of the Constitutional Court of Ukraine, adopted July 16, 2019 no. 9-r/2019","authors":"Oleksandr Yevsieiev","doi":"10.21128/1812-7126-2019-6-121-136","DOIUrl":"https://doi.org/10.21128/1812-7126-2019-6-121-136","url":null,"abstract":"","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124377396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2020-5-56-73
I. Pibaev
The main characteristics of the European approach to the understanding of state secularism in many respects is based on the interpretations of Article 9 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights are, on the one hand, private freedom of faith, civil and political equality of citizens regardless of their confession, and non-discrimination, and on the other, the autonomy of religious communities from the state and the non-interference of religious organizations in public governance. The article shows the special way these values were implemented in the Italian state from the moment of drafting and adoption of the Constitution in 1947 to the present time. We analyze the judgments of the Constitutional Court of Italy interpreting articles 2, 3, 7, 8, 17, 19 and 20 of the Constitution of Italy on freedom of faith and the relationship between the Roman Catholic Church and other religious communities of Italy with state authorities of the Republic of Italy. The author underlines the characteristic features of Italian secularism, including the principle of “bi-lateralization” providing for the possibility of combining the principle of separation of church and state with the bilateral agreement between the state and religious communities. In the article we try to answer to the questions of how, after the revision of the Lateran Concordat in 1984, the position changed of the Catholic religion, which previously was the state religion, and what role the Constitutional Court of Italy played in this change. Finally, the author concludes that the judgments of the Constitutional Court of Italy de jure promoted centrality and impartiality of all confessions to a great extent, but de facto the problem of realization of the principle of equality still exists, with the Roman Catholic Church preserving its dominant position in political life.
{"title":"The principle of secularism of the state in the decisions of the Constitutional Court of Italy: all roads lead to Rome","authors":"I. Pibaev","doi":"10.21128/1812-7126-2020-5-56-73","DOIUrl":"https://doi.org/10.21128/1812-7126-2020-5-56-73","url":null,"abstract":"The main characteristics of the European approach to the understanding of state secularism in many respects is based on the interpretations of Article 9 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights are, on the one hand, private freedom of faith, civil and political equality of citizens regardless of their confession, and non-discrimination, and on the other, the autonomy of religious communities from the state and the non-interference of religious organizations in public governance. The article shows the special way these values were implemented in the Italian state from the moment of drafting and adoption of the Constitution in 1947 to the present time. We analyze the judgments of the Constitutional Court of Italy interpreting articles 2, 3, 7, 8, 17, 19 and 20 of the Constitution of Italy on freedom of faith and the relationship between the Roman Catholic Church and other religious communities of Italy with state authorities of the Republic of Italy. The author underlines the characteristic features of Italian secularism, including the principle of “bi-lateralization” providing for the possibility of combining the principle of separation of church and state with the bilateral agreement between the state and religious communities. In the article we try to answer to the questions of how, after the revision of the Lateran Concordat in 1984, the position changed of the Catholic religion, which previously was the state religion, and what role the Constitutional Court of Italy played in this change. Finally, the author concludes that the judgments of the Constitutional Court of Italy de jure promoted centrality and impartiality of all confessions to a great extent, but de facto the problem of realization of the principle of equality still exists, with the Roman Catholic Church preserving its dominant position in political life.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127510765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2021-3-39-62
O. Belosludtsev
This article consists of three sections. The author firstly considers the problem of ambiguity of the term “identity”, as well as its relationship with related concepts. Following from this, the main approaches to the genesis and nature of constitutional identity, including alternative interpretations are considered. The question of the nature of constitutional identity, according to the author, is of fundamental importance for the theory. The author tries to consider both traditional (positivist) and alternative points of view on this issue. In the third paragraph, the author tries to demonstrate the influence of several factors determined by national culture (constructing constitutional identity) on the formation of constitutional identity. Based on the generalization of the theoretical and legal works of R.Hirschl, G.J.Jacobsohn, M.Rosenfeld, and M.Tushnet, the author attempts to identify such independent factors as religion, politics, history, and constitutional disharmony. According to the author, the unique combination of these factors, inherent in each culture of “local” circumstances, determines the uniqueness of any national constitutional identity. The author believes that the Russian science of constitutional and international law is excessively focused on positivist interpretations of constitutional identity. Alternative approaches to the conceptualization of constitutional identity remain absent in much of the work of other researchers.
{"title":"Legal-theoretical nature of the concept of constitutional identity","authors":"O. Belosludtsev","doi":"10.21128/1812-7126-2021-3-39-62","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-3-39-62","url":null,"abstract":"This article consists of three sections. The author firstly considers the problem of ambiguity of the term “identity”, as well as its relationship with related concepts. Following from this, the main approaches to the genesis and nature of constitutional identity, including alternative interpretations are considered. The question of the nature of constitutional identity, according to the author, is of fundamental importance for the theory. The author tries to consider both traditional (positivist) and alternative points of view on this issue. In the third paragraph, the author tries to demonstrate the influence of several factors determined by national culture (constructing constitutional identity) on the formation of constitutional identity. Based on the generalization of the theoretical and legal works of R.Hirschl, G.J.Jacobsohn, M.Rosenfeld, and M.Tushnet, the author attempts to identify such independent factors as religion, politics, history, and constitutional disharmony. According to the author, the unique combination of these factors, inherent in each culture of “local” circumstances, determines the uniqueness of any national constitutional identity. The author believes that the Russian science of constitutional and international law is excessively focused on positivist interpretations of constitutional identity. Alternative approaches to the conceptualization of constitutional identity remain absent in much of the work of other researchers.","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124323467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21128/1812-7126-2021-3-4-16
Albania, Belarus, Germany, India, Italy, Kyrgyz Republic, Moldova, Russia, South Africa, USA
阿尔巴尼亚、白俄罗斯、德国、印度、意大利、吉尔吉斯共和国、摩尔多瓦、俄罗斯、南非、美国
{"title":"Constitutional watch: April – May 2021","authors":"","doi":"10.21128/1812-7126-2021-3-4-16","DOIUrl":"https://doi.org/10.21128/1812-7126-2021-3-4-16","url":null,"abstract":"Albania, Belarus, Germany, India, Italy, Kyrgyz Republic, Moldova, Russia, South Africa, USA","PeriodicalId":113514,"journal":{"name":"Sravnitel noe konstitucionnoe obozrenie","volume":"20 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123538217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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