In: Vesci Nacyjanal'naj Akadėmii Navuk Belarusi: Izvestija Nacional'noj Akademii Nauk Belarusi = Proceedings of the National Academy of Sciences of Belarus. Seryja humanitarnych navuk = Serija gumanitarnych nauk = Humanitarian series, Band 63, Heft 2, S. 234-242
The article focuses on problems of constitutional regulation of elections and requirements for candidates for representative positions in a democratic society. The issue of financing elections and solutions for this problem were considered, taking into account the "financial" qualification that was set at the legislative level in many democratic states of the world. The terminology that is present in the constitutional legal science concerning the regulation of elections is analyzed, the stages in the election process are considered and the main problems that occur during this process are revealed. In the course of the study of the topic, the author concludes on the need for financial control and monitoring of expenditures from the state budget during the electoral process, not only to detect a violation of legislation or to identify financial crimes, but also to determine the profitability of the electoral process as a whole, for its reformation and to reduce budget expenses during the elections. Also, the author comes to the conclusion that it is necessary to bring the financial qualification to the financial capability of all citizens of the state for each subsequent election, proceeding from the official minimum and average salaries.
While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state's constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.
Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state's constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.
In: International political science review: the journal of the International Political Science Association (IPSA) = Revue internationale de science politique, Band 38, Heft 1, S. 99-113
What are the main reasons behind the regulation of political parties by contemporary constitutional practices? This article presents a framework for analysis which identifies types of justifications and actors involved in the process of regulation and their further influence on the outcomes of constitutionalisation. The empirical focus is on the revelatory case of Luxembourg, which amended the constitution for the sole reason of giving parties constitutional status. The analysis suggests that the constitutional regulation of political parties depends on their current interests and power status. Additionally, the paper draws attention to the involvement of external actors and to the changing nature of contemporary constitutionalism.
The objective of this research paper is to provide an in-depth analysis of the essence of the constitutional and legal regulation of personal status, which is the primary obligation of present-day national governments with respect to preserving and protecting major human values when globalisation processes are underway. Consistent and comprehensive human development, politicisation of the law, the elimination of poverty, the fight for equality, global economic injustice, the search for a new ideal constitutional model and other issues are relevant and are on the agenda for the entire global society. Countries with different economic levels of development, historical traditions, cultural origins, and legal systems have varying concepts of human rights, freedoms and duties, which they implement in practice in various ways. These issues are of paramount importance for Russia, which has equal participation rights in matters of international relations and in the system for global governance and international law making. Solving the problem of satisfying the national interest and preserving prestige and the standard of living of every person depends on the primary social responsibility of each person and on the active role of the modern state. Most of all, it is necessary to solve functional problems that are simultaneously political, scientific, organisational, and legal. The most important task here is to enhance the effectiveness of the activity of the state system and the local self-government authorities. To achieve its objective, the paper utilises general scientific-scholarly methods, and specific scientificscholarly research methods including those denominated concrete-historical, logically historical, system-based, comparative legal (law), among others.
European integration of Albania among others requests the creation and implementation of higher standards of state governing and administrating. These standards set for the first time as fundamental human right, the freedom of information and access on government documents. Setting the freedom of information asks for the just constitutional and law regulation. The article's structure aims to put that, the first step to ensure the protection to right of information is the Constitution of the Repobblic of Albania. It provides, through its provisions, the accent on the freedom for information as a possibility of the public to fulfill their individual requests also as a possibility that is given to the administration to realise the requests of a democratic society for a governing closer to the citizens. Also, it is an important step the constitutional provision of the restriction of the right to information and the provision of the mechanisms that enable its effective protection.