Suchergebnisse

The subject of the research is the problems of constitutional law enforcement of administrative offences legislation, taking into account the prospects for its new codification.The purpose of the article is confirmation or confutation of the hypothesis that the effectiveness of the new Code of administrative offences depends on whether the legal positions of the Constitutional Court of the Russian Federation on the principles of administrative responsibility will be taken into account when drafting it.The authors use methods of complex analysis, synthesis, as well as formal-legal method of interpretation of Constitution, legislation on administrative offences and judicial decisions of Russian Constitutional Court.The main results and scope of their application. The administrative torts law in Russia is expected to pass through the total review up to the grounds of its codification in close future. The article presents initial positions of that changes within basic frames produced by Russian Constitutional Court. Its case-law has already invaded into many spheres and details in respective sphere of legal rules and also prescribed a lot for their future. This case-law yet is necessarily made within its inherent range for it is ever constrained procedurally by content of actions and cases to be settled. However Russian administrative torts law is destined for reformation in new code-making in view of constitutional case-law and in order to do better with neighbor spheres of legal responsibility. Disputable matters of administrative liability, the company's responsibility with psychical fiction on its fault (corporative thinking, wishing, desire, diligence), substantial and procedural equity etc. are described and discussed in the article as to the administrative law of torts on in its constitutional dimension.Conclusions. The Code of administrative offences of the Russian Federation does not fully meet the legal needs of society. Work on real improvement of this code will continue, therefore, legal science should be more strongly and persistently to implement in legislative practice constitutional ideas about improvement of codification and ensuring unity of legal space of the country. In particular, it is necessary to settle the debatable aspects of tort liability, the guilt of legal entities when it is addressed by fiction to the phenomena of the psyche (thinking, goals, will, caution), the constitutional and legal foundations of justice in the field of administrative penalties, procedural enforcement of rights and freedoms, etc. ; С учетом ожидаемого системного пересмотра законодательства об административных правонарушениях описывается исходная к этому обстановка, главным образом с правовых позиций Конституционного Суда Российской Федерации, которые изложены по предмету как небольшой свод правоположений с их юрисдикционными обоснованиями. Фиксируется, что эти позиции привели к заметным конституционно-правовым вмешательствам в административно-деликтное право и многое опреде-лили в нем на будущее в прескриптивных обращениях к законодательным властям. Исходя из ретроспективы и текущего состояния, предполагаются объем и структура предстоящей административно-деликтной кодификации, затрагиваются дискуссионные стороны деликтоспособности, вины юридических лиц, когда она обращена по фикции к явлениям психики (мышлению, целям, воле, осторожности), конституционно-правовые основы справедливости в области административных наказаний, процессуального обеспечения прав и свобод и другое по заявленной теме.

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to createa body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has

27. Private Actors and Constitutional RightsPart 8: Constitutional Rights and 'State of Emergency'; 28. The National Security Constitutionand the Israeli Condition; 29. The Role of the Legislature inDetermining Legitimate Responses toSecurity Threats: The Case of Israel; 30. Of Law, Constitutions and Security; Part 9: Israel -- 'Jewish and Democratic'; 31. Jewish and Democratic:Three Zionisms and Post-Zionism; 32. A Jewish Nation-State: A Discussion inLight of the Family Reunification Case; 33. National Identity and Religion-StateRelations: Israel in Comparative Perspective.

Towards a full-fledged constitution --Models of judicial review in Israeli constitutional law --Global impacts on Israeli constitutional law --Balancing in Israeli constitutional law --"Unenumerated rights" in Israeli constitutional law --Social rights in Israel --Constitutional rights and private law --Constitutional rights and "state of emergency" --Israel : "Jewish and democratic"

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard for the precedent established in Plessy v. Ferguson, with its "separate but equal" doctrine, was a major factor in the decision of two federal district courts in Tennessee involving alleged deprivation of constitutional rights in the furnishing of educational and recreational facilities to Negroes. It was not a year for the expansion or contraction of doctrines of constitutionality previously established, although in one instance at least it appears that some "new law" was made.

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constitutional concerns permeate core administrative law doctrines and requirements, yet Congress enjoys broad power to alter ordinary administrative law notwithstanding its constitutional aspect. Unfortunately, the constitutional common law character of much of ordinary administrative law is rarely acknowledged by courts. A striking example of this lack of acknowledgment is the 2009 decision in FCC v. Fox Television Stations, Inc., in which the Supreme Court insisted that whether an agency action is "arbitrary and capricious" and whether it is unconstitutional are separate questions. Recognizing the interrelationship between constitutional law and ordinary administrative law is important both for the ongoing debate over the legitimacy of constitutional common law and for proper appreciation of the role administrative agencies can play in our constitutional order. Underlying many attacks on constitutional common law is a view of constitutional law as having a narrow and determinate scope. Yet the interwoven relationship between ordinary law and constitutional law in the administrative law context suggests this view of constitutional law is false. In addition, seeking to enforce constitutional norms through ordinary administrative law better accords with constitutional principles than efforts to segregate out the two and is likely to prove less intrusive to the policymaking prerogatives of the political branches. The better critique is not the extent to which constitutional common law surfaces in administrative contexts, but rather the lack of transparency that accompanies it.