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Full-Text Articles in Law

Конституционно-Правовая Концепция Луиса Брандайза (1856–1941), Leonid G. Berlyavskiy Jan 2014

Конституционно-Правовая Концепция Луиса Брандайза (1856–1941), Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

the article is devoted to the research of the constitutional legal concept by Louis Brandeis – the outstanding American man of law, Associate Justice of the United States Supreme Court. He is considered as one of four greatest judges in XX century. Brandeis was possible to become successful in asserting the workers social and labor rights that directly have not been fi xed in the United States Constitution. The “Brandeis Brief” became the essential contribution to USA procedural law. Brandeis was a supporter of the “Living Constitution” conception that is based on the idea of social changes, evolutions of the …


Конституция В Системе Государственного Права Переходного Периода, Leonid G. Berlyavskiy Jan 2013

Конституция В Системе Государственного Права Переходного Периода, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

The article is devoted to the research of the Small Constitution as to the certain constitutional model (or the type) of Constitution in the transition period Public Law System. The special attention is given to the documents carrying out the role of the Constitution at the unavailable societies to accept the “Big” Constitution in the Central and the Eastern Europe Post-Soviet countries, in the State of Israel.


Конституционный Процесс В Регионе Ближнего Востока, Leonid G. Berlyavskiy Jan 2012

Конституционный Процесс В Регионе Ближнего Востока, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Studying of the Constitutional Law of the Middle East countries represents considerable interest because the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political, economic and humanitarian interests. In a number of the region countries there are unstable po-litical regimes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by the system of international sanctions (United Nations, European Union) or State Law of the leading states of the West. On the constitutional devel-opment of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not solving influence …


Оригиналистская Доктрина В Конституционном Праве Сша, Leonid G. Berlyavskiy Jan 2012

Оригиналистская Доктрина В Конституционном Праве Сша, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Studying of concepts of the constitutional interpretation in the USA allows to get more deeply into essence of the Constitutional System of the State, to understand the reasons and sources of its evolutionary development. The originalism represents a wide spectrum of the concepts aimed at explanation of original understanding, value of the Constitution of the USA or intentions of its «founding fathers». The theoretical base of the originalism is the Legal Positivism embodied in XX century into the Normativism. The originalists are united in the American Constitution Society. Among the originalists two sects are allocated: textualists and intentionalists


Конституционная Свобода Научного Творчества: Сущность И Нормативное Содержание, Leonid G. Berlyavskiy Jan 2011

Конституционная Свобода Научного Творчества: Сущность И Нормативное Содержание, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

The article is devoted the analysis of essence and the standard maintenance of constitutional freedom of scientific creativity. The urgency of studying of the given theme is determined by essential changes of the object of adjustment. Constitutional-legal guarantees of freedom of scientific creativity are absolutely necessary as without them any modernisation is impossible. The government is capable to have essential influence on a problematics of scientific researches, it can set their methodological reference points and program results


Constitutional Law Of Islamic Republic Iran: Experience Of Conservative Modernization, Leonid Berlyavskiy Jan 2009

Constitutional Law Of Islamic Republic Iran: Experience Of Conservative Modernization, Leonid Berlyavskiy

Leonid G. Berlyavskiy

The Constitution of Iran of 1979 stipulated transition from the parliamentary monarchy to the new form of rule –the theocratic republic. All sources of the constitutional law in the Islamic Republic Iran should correspond to the shiit to version of the Moslem law that practically puts all mundane legislation of the state in the subordinated position. Among the supreme bodies of Iran there has been established the special branch of authorities - the institutes of authorities of clergy ( Council of experts, the spiritual leader of the country, Council of keepers of the Constitution, Committee of observance of the Islamic …


Конституция Рсфср 1918 Года: Проблемы Изучения, Leonid G. Berlyavskiy Jan 2008

Конституция Рсфср 1918 Года: Проблемы Изучения, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Development of the first Soviet Constitution passed in process of fierce disputes with opponents of Bolsheviks from socialist camp as in power at this time there was a coalition of Bolsheviks and left socal revolutionaries. The last entered till March, 1918 into the Sovnarkom, and till July, 1918 in system of the Soviets. It was unique in the history of the Soviet state and the right the case of discussion of projects of the Constitution political opponents. In the maintenance of the Constitution of RSFSR lines of the sociopolitical program (the Declaration of the rights of the worker and the …


The Constitution Of Palestine: "The State In Development", Leonid G. Berlyavskiy Jan 2007

The Constitution Of Palestine: "The State In Development", Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Constitution of Palestine is an example of the constitutional act of the so-called "states in development" that is, being at the stage of development. The planned for the autumn of 2000 declaration of "the State the Palestine" has not taken place, however the constitution is considered working. According to the fundamental law Palestine is the parliamentary republic with rather extensive powers of the president, and is the unitary state.