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Full-Text Articles in Law

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