Subject Of Constitutional Law Research Articles

On the scientific comprehension of the subject of constitutional law: to putting the question

An attempt to putting the question of scientific comprehension of the subject of Constitutional Law, with highlighting of three parts was made: content of the subject of Constitutional Law in its historical development; method of comprehension of content using the ascent from the abstract to concrete; the starting point of the ascent, as determined by the philosophical category “relation”. The detailed consideration of the question posed and the formation of a holistic view of the subject of Constitutional Law are possible only through the efforts of the entire constitutional legal community within the framework of a broad discussion on the subject of Constitutional Law, which is long overdue.

GLOBAL CONSTITUTIONALISM AS A THINKING ABOUT CONSTITUTIONAL VALUES IN CONDITIONS OF EXTREME UNCERTAINTY: QUO VADIS?

The article considers the use of the phenomenology of global constitutionalism as thinking about constitutional values in the conditions of extreme uncertainty of the COVID-19 pandemic and Ukraine's war with Russia.
 The author argues that despite the fact that the active process of globalization continues to rapidly affect and affect the structure of legal systems, and international law, unfortunately, is not always an effective tool for managing these changes contrary to their own principles and customs, to help him comes the phenomenology of global constitutionalism, which serves to limit state power (even democratic), applied at the state level, taking into account the principles of the rule of law, protection of human rights and democracy.
 It is argued that the relevance of lawyers' research on global constitutionalism, in particular the impact of globalization on the development of constitutional law, due to a number of factors, including the following: A) the subject of constitutional law in countries of the world depending on their economic development; B) the essence of constitutional control under conditions of extreme uncertainty becomes important.
 It is stated that one of the most important features of modern constitutionalism of Ukraine, first, is the autonomy of the regulation of constitutional proceedings. In conditions of uncertainty, Ukraine continues to carry out judicial reform, but the issue of improving the procedure for selecting judges to the Constitutional Court of Ukraine remains relevant; secondly, there are real difficulties in constitutional and legal regulation of administrative and territorial reform and risks to the formation of a possible policy of constitutional modernization of Ukraine in the territories occupied by the Russian Federation, especially the Autonomous Republic of Crimea and Eastern Ukraine in digitalization. The formation of Ukrainian constitutionalism in the context of global digitalization should be facilitated by the consolidation of new requirements for law enforcement and law enforcement of constitutional and legislative guidelines in digital format; thirdly, in the process of globalization, the safeguards of the loss of national sovereignty and international legal personality of Ukraine should be the improvement and implementation of legislation on the procedural procedure for consideration by the Constitutional Court of Ukraine of cases on national security and state secrets.

Theoretical Foundations of Constitutional and Legal Research of State and Public Control in the Light of Current Trends in the Development of Public Administration

The paper shows from the standpoint of constitutional and legal science that state control (supervision), municipal control, public control are inextricably linked with the functions of the state and form a part of the subject of constitutional law and an important element of modern Russian constitutionalism. With this in mind, control and supervisory activities have very strong theoretical and legal and constitutional grounds due to the special importance of such activities for the normal functioning of the state as such, the state and public system and to ensure the full implementation of the constitutional and legal status of the individual. The author highlights the following current trends in the development of public administration in our country that are of particular importance for the further improvement of control and supervisory activities: the orientation of public administration to citizens, their rights, needs, expectations and wishes; openness (transparency) of public administration; development of forms of interactive communications of public authorities and society; reduction of excessive administrative burden on subjects in respect of which control and supervisory activities are carried out; the widespread introduction of a risk-based approach within the framework of control and supervisory activities; increasing the role of public control as a significant form of feedback in the government-public dialogue, contributing to the improvement of public administration. It is important to conduct modern constitutional and legal studies of state control (supervision), municipal control and public control with mandatory consideration of the indicated trends and based on the relevant priorities, which will allow developing legal approaches, normative and practical proposals that ensure the client-centricity of public administration, its even greater openness and clarity for citizens and increasing the level of satisfaction of society with the results of activities of public authorities at all levels.

GLOBAL CONSTITUTIONALISM AS A THINKING ABOUT CONSTITUTIONAL VALUES IN CONDITIONS OF EXTREME UNCERTAINTY: QUO VADIS?

The article considers the use of the phenomenology of global constitutionalism as thinking about constitutional values in the conditions of extreme uncertainty of the COVID-19 pandemic and Ukraine's war with Russia.
 The author argues that despite the fact that the active process of globalization continues to rapidly affect and affect the structure of legal systems, and international law, unfortunately, is not always an effective tool for managing these changes contrary to their own principles and customs, to help him comes the phenomenology of global constitutionalism, which serves to limit state power (even democratic), applied at the state level, taking into account the principles of the rule of law, protection of human rights and democracy.
 It is argued that the relevance of lawyers' research on global constitutionalism, in particular the impact of globalization on the development of constitutional law, due to a number of factors, including the following: A) the subject of constitutional law in countries of the world depending on their economic development; B) the essence of constitutional control under conditions of extreme uncertainty becomes important.
 It is stated that one of the most important features of modern constitutionalism of Ukraine, first, is the autonomy of the regulation of constitutional proceedings. In conditions of uncertainty, Ukraine continues to carry out judicial reform, but the issue of improving the procedure for selecting judges to the Constitutional Court of Ukraine remains relevant; secondly, there are real difficulties in constitutional and legal regulation of administrative and territorial reform and risks to the formation of a possible policy of constitutional modernization of Ukraine in the territories occupied by the Russian Federation, especially the Autonomous Republic of Crimea and Eastern Ukraine in digitalization. The formation of Ukrainian constitutionalism in the context of global digitalization should be facilitated by the consolidation of new requirements for law enforcement and law enforcement of constitutional and legislative guidelines in digital format; thirdly, in the process of globalization, the safeguards of the loss of national sovereignty and international legal personality of Ukraine should be the improvement and implementation of legislation on the procedural procedure for consideration by the Constitutional Court of Ukraine of cases on national security and state secrets.

Constitutional Law Norm: Some Aspects of Structure

The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is pointed out that the multifaceted system of constitutional law of Ukraine and all its structural elements consist of the norms of constitutional law. The latter are the basis of the institutions of constitutional law, as well as other parts of the system of constitutional law - natural and positive, general and special part, substantive and procedural, international and national, and so on. That is, the system of constitutional law of Ukraine cannot exist outside its normative dimension. In addition, law, and later its system, were formed on the basis of legal norms, which have historically stood out from other social norms - religious, moral, ethical, cultural, and so on. It is noted that the position of the general theory of constitutional law, the study of the constitutional and legal status of man and citizen is closely related to the problem of determining the subject of constitutional law on the legal status of man and citizen. In this sense, in the science of constitutional law, there are at least two ways to answer the question. One of them as a subject of constitutional law interprets only the basic principles of the constitutional and legal status of man, and the other to the subject of the science of constitutional law also adds the problems of protection and maintenance of the constitutional and legal status of man and citizen. On the other hand, the coverage of the problems of the constitutional and legal status of man and citizen has a purely methodological relevance. The establishment of the foundations of the legal status of a person by the Constitution of Ukraine marked the beginning of the process of compiling a new type of legal culture of our state and its citizens. At the same time, it is the principles of the legal status of a person, formed outside the very institution of the constitutional status of a person, that bring to it the meaning that necessitates truly historical changes in our society.

Interbational legal categories “childhood” and “child” as the basic of their further development and development in the constitutional legal relations of the Republic of Belarus

The article is devoted to the problems in the conceptual apparatus for disclosing the participation of minors in legal relations that arise in the process of implementing the provisions of the Constitution of the Republic of Belarus. Analysis of issues relating to the consolidation of the rights of the child in Belarusian legislation and in international legal instruments in view of the fact that the legal status of children because of special status of a child reflecting the characteristics of the bearer. The classification of the age of periodization in various fields of scientific and social activity was considered as well as the specificity of the constitutional and legal status of the child, which is based on the age limit between adulthood and adolescence. The study is based of the use of normative material, the main one being the method of comparative analysis. The difficulties of developing and applying unified terminology and selecting the boundaries of childhood in regulating the totality of social relations with participation of the child as a subject of Constitutional law are shown.

Cybersecurity of space activities and the possibility of ensuring it by means of international law

The article deals with general theoretical and constitutional-legal issues of the formation and implementation of the constitutional-legal responsibility of the President of Ukraine. The relationship between the institution of constitutional and legal responsibility of the President of Ukraine and the problems of implementation of the Constitution and constitutional legislation, the formation of constitutionalism and the implementation of constitutional reform in Ukraine is investigated. The article analyzes modern legislative initiatives in the field of regulation of the institution of impeachment of the President of Ukraine. It is concluded that the correct understanding of the essential and functional-teleological characteristics of the constitutional and legal responsibility of the President of Ukraine depends on its functionality and efficiency. In general, positively assessing the adoption of a special Law of Ukraine "On the special procedure for removal of the President of Ukraine from office (impeachment)", we can conclude that it legalized for the first time at the legislative level the institution of constitutional and legal responsibility (by defining the concept of constitutional responsibility) and some legal features, principles, functions, features of the subject-object composition, revealing its essence and content as a type of legal responsibility, purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order. On the other hand, attention should be paid to the overly complicated impeachment procedure, which in fact makes it impossible to implement the appropriate form of constitutional liability in practice. The procedural component of this Law, as well as many other legislative acts, which enshrine the relationship of constitutional and legal responsibility, is a significant shortcoming of native constitutional law. After all, the functionality and effectiveness of constitutional and legal responsibility in general, and such a subject of constitutional law as the President, depends not only on a proper understanding of its essential and substantive characteristics, but also primarily the quality of procedural and procedural support for its application.

Constitutional and legal responsibility of the President of Ukraine: problems of conceptualization and institutionalization

The article deals with general theoretical and constitutional-legal issues of the formation and implementation of the constitutional-legal responsibility of the President of Ukraine. The relationship between the institution of constitutional and legal responsibility of the President of Ukraine and the problems of implementation of the Constitution and constitutional legislation, the formation of constitutionalism and the implementation of constitutional reform in Ukraine is investigated. The article analyzes modern legislative initiatives in the field of regulation of the institution of impeachment of the President of Ukraine. It is concluded that the correct understanding of the essential and functional-teleological characteristics of the constitutional and legal responsibility of the President of Ukraine depends on its functionality and efficiency. In general, positively assessing the adoption of a special Law of Ukraine "On the special procedure for removal of the President of Ukraine from office (impeachment)", we can conclude that it legalized for the first time at the legislative level the institution of constitutional and legal responsibility (by defining the concept of constitutional responsibility) and some legal features, principles, functions, features of the subject-object composition, revealing its essence and content as a type of legal responsibility, purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order. On the other hand, attention should be paid to the overly complicated impeachment procedure, which in fact makes it impossible to implement the appropriate form of constitutional liability in practice. The procedural component of this Law, as well as many other legislative acts, which enshrine the relationship of constitutional and legal responsibility, is a significant shortcoming of native constitutional law. After all, the functionality and effectiveness of constitutional and legal responsibility in general, and such a subject of constitutional law as the President, depends not only on a proper understanding of its essential and substantive characteristics, but also primarily the quality of procedural and procedural support for its application.

Conceived child as a subject of right to life

The aim of this article is to outline the arguments in favour of acknowledging an unborn child as a subject of constitutional law with the right to life (Article 38 of the Constitution of the Republic of Poland). For this purpose, the article presents an overview of the case law of the Constitutional Tribunal as well as views of legal academics and commentators and judicial decisions concerning the right to life, the concept of subject of law, and the legal position of an unborn child. Furthermore, the article reviews the international law and the case law of international tribunals. Although the Constitutional Tribunal stipulates that every person, including an unborn child, is entitled to legal subjectivity (in the judgement on case No. K 26/96), it may seem that the reasoning in this judgement is still rejected in the literature regarding both constitutional and civil law.

Scientific and Educational Concepts of Modern Constitutional Law

The paper is a review of the scientific positions of known contemporary jurists — theoreticians of law and constitutionalists who address the current approaches to the subject of constitutional law, the content of the scientific field and teaching materials, the teaching of the discipline in higher education. The discussion took place alongside with the release of a new textbook by Professor B.S. Ebzeev "Constitutional Law of Russia"(Moscow: Prospect Publ., 2019. 768 p.). That happened to be an event in science that generated discussion about the subject of the constitutional law, the ways of providing information in the academic literature, the nature and content of the university discipline "Constitutional law", new approaches to the basic institutions of constitutional law, their theoretical and historical origins. The presentation of the mentioned book took place on May 27, 2019 as part of the scientific activities of Kutafin Moscow State Law University (MSAL), i.e. the round table "Constitutional Law of Russia: Scientific and Educational Concepts". According to the author, such events that combine discussion of relevant scientific issues and the presentation of new relevant scientific works contribute to the generation of new ideas in science, practice and teaching, development of optimal ways of development of Russian science and education.

Constitutional law: the field of law or a specific basic subsystem being a skeleton of national system of law

The article critically analyzes an approach to the interpretation of Constitutional Law as the field of national law and a subsystem of public law still popular in post-Soviet and national Constitutional scholarship.The author provides arguments on methodological inadequacy of traditional post-Soviet legal criteria of the division of law into branches and institutes. The availability of the subject of legal regulation (homogenic societal relations regulated by a number of legal norms) and the method of legal regulation being an instrument of the influence on societal relations being regulated by those, in each branch of law. It highly exceeds the borders of legal regulation of state governance homogenic relations being the subject of Constitutional law in the past. The scope of methods applied by it is much wider than the traditional public law imperative method built on the relations of power subordination. Therefore, in addition to the abovementioned method, Constitutional law frequently applies the dispositive method based on the equality of relations between the coordinated subjects on the contrary to subordination. Moreover, Constitutional law does not limit itself to the scope of national, internal law of the country. Its certain provisions have a supranational status bearing the ties of Constitutional law with International law.The article concludes that basing on its ontological nature, Constitutional law occupies a wider scope than it has traditionally been viewed and differentiated. It establishes basic, starting principles for the functioning and development of all the most important areas of societal relations linked primarily to the basics of legal status of the individual and the role of the state in its assurance. Constitutional law makes a specific basic subsystem of the national legal system and provides a fundamental basis for all of its branches as well as acts as a system-building pivot for the whole national legal system.Article received 13.03.2019

К вопросу об определении предмета конституционного права и о практике Конституционного Суда РФ

The article deals with the most common approaches to the problem of determining the subject of constitutional law in the modern constitutional literature. Based on the analysis of the value of the practice of the constitutional Court of the Russian Federation, the conclusion is made about the advantage of the approach to the issue, which interprets the subject of constitutional law very widely, and the constitutional law itself is considered as a special mega- or meta-branch of the system of Russian law. The consistent development of this point of view is the justification for the introduction in Russia of mandatory preliminary regulatory control in respect of the laws adopted by the Federal Assembly of the Russian Federation, which, in turn, can cause certain problems in the development of domestic constitutional justice.

Доктринальная характеристика предмета конституционного права как фактор укрепления или преодоления отраслевой дисфункции

Доктринальная характеристика предмета конституционного права как фактор укрепления или преодоления отраслевой дисфункции

Вектор конституционализации: российское правоведение на пути к идентичности

The article raises the problem of radical rethinking of the branch structure of modern legal science in connection with objectively predetermined changes in the subject of constitutional law. The analysis of a wide range of actual scientific positions leads to the conclusion that the subject characteristic of the modern science of the Russian constitutional law reveals the functions traditionally inherent in the theory of law and the state. In close connection with the philosophy of judicial constitutionalism, it is responsible for the full development of the text of the Constitution of the Russian Federation, the development of a universal concept of law from the standpoint of constitutional law, plays a leading role in the development of the theory of constitutionalization of the national legal system and the theory of the use of constitutional rights. In General, this perception of the nature and purpose of the science of constitutional law remains rather controversial. However, according to the author, it is currently the only vector of scientific identity for jurisprudence.

The subject of Constitutional Law: the historicity of the contents and tendencies of development

The subject of Constitutional Law: the historicity of the contents and tendencies of development

Democracy as Subject of Constitutional Law: History and Modern Times

Democracy as Subject of Constitutional Law: History and Modern Times

Constitutional Law and Teleology: Subject Matter and Method of Meta-Discipline, Scope of Constitutionalization and Interdisciplinary Harmonization

This paper discusses the problems of identifying constitutional law as a meta-discipline, the scope of the subject and method in intersiciplinary harmonization. The relationship between constitutional law and teleology as a science exploring the purpose and expediency is revealed. The author formulates theoretical foundations of constitutional teleology that forms a request for hierarchy and coordination of constitutional and other legal disciplinary values and interests. Taking into account the existing positions in science, the complex nature of the subject of constitutional law, the expansion of the subject of constitutional and legal regulation under the influence of integration processes and the constitutionalization of the rule of law and branches of Russian law are substantiated. In methodological terms, doctrinal legal constructivism is used to build up the subject of constitutional law. The paper considers scientific approaches to the dialectics of the development of the subject of constitutional law and the reflection of the principles of constitutional universalism and constitutional identity in it. The author proposes to identify traditional and universal, innovative and original social relations in the framework of the subject of constitutional law. Special attention is given to constitutional identity as a necessary element of the meta-discipline, the development of the substantive sphere of constitutional law due to the effect of constitutionalization of the rule of law and branches of Russian law. Traditionalism and narrow approach to the scope of the subject of constitutional law are critically evaluated, new vectors in the development of constitutional law are noted, as well as the most important areas of constitutionalization as new subject areas of constitutional and disciplinary regulation. Within the discussion on the universality of the constitution and constitutional law, the existence of implicit or explicit constitutional issue in every branch of Russian law is stated. These issues are: 1) Classification of the subject matter of the branch as a specific type of subject matter (which can either be directly enshrined in the text of the Constitution of the Russian Federation or derived from the interpretation of its norms). 2) The constitutional powers of public authorities in the field of industry lawmaking, law enforcement and interpretation of industry norms.

Institute of Constitutional and Legal Responsibility in the Subject of Constitutional Law: Correlation Issues

The article is devoted to the study of the subject of constitutional law from the position of inclusion of the institution of constitutional and legal responsibility in the structure of relations regulated by constitutional law. The author, analyzing the various approaches to the classification of legal relations covered by constitutional regulation established in the doctrine of constitutional (state) law, suggests two reasons for the classification of such legal relations. From the point of view of the nature of power relations regulated by constitutional law, one can speak of three groups of legal relations - political, economic, moral and cultural relations that form the basis of the legal regulation of the sphere. Taking the type of constitutional relations subjects as a basis for division, we should talk about relations connected with the organization of public authority (status of the head of state, government, parliament, etc.), relations between society and the state (status of political parties public organizations, principles of economic and social relations, etc.), between the individual and the state (general provisions on the legal status of individuals, rights and freedoms, the status of foreigners and stateless persons, etc.). The paper concludes that the norms of the institute of constitutional and legal responsibility permeate several key groups of legal relations regulated by constitutional law at once, and this institute is a complex institute of the branch of constitutional law. The article also provides a brief review of the main trends and problems of the development of the institute of constitutional legal responsibility in Russian constitutional law at the present stage of development.

Modern Understanding of the Subject of Constitutional Law in the Conditions of Binary Development of National and International Law

Modern Understanding of the Subject of Constitutional Law in the Conditions of Binary Development of National and International Law

Public Representation Relations as Subject of Constitutional and Legal Regulation

The peculiarity of constitutional law as a branch of law lies in the ongoing transformation of its subject. The sphere of relations governed by constitutional law may expand and contract. In the Russian constitutional doctrine, there are two main traditions of explaining this feature. The classical approach to the definition of the subject of constitutional law considers it as unified and unchanged, while the content of the industry is diverse and dynamic. The postclassical approach is based on the multiplicity of relations that make up the subject of the industry, not opposing the subject of the industry to its content. Common to both traditions is the inclusion in the content of the subject of the branch of public authority relations, and the construction of the legal theory of public authority as a subjective right allows including relations of public representation in the subject sphere of constitutional law. Public representation acts as a mandatory legal condition for the publicity of government, the distinction between public and corporate interests in the process of its implementation. In the modern state, public representation is systemic; it covers the types, forms, levels of public representation, which explains the systematic nature and diversity of the relevant norms of constitutional law.