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Journal articles on the topic 'Local constitutionnal law'
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1
이호용. "Guarantee of Constitutional Law on Local Autonomy." Local Government Law Journal 11, no. 4 (December 2011): 31–50. http://dx.doi.org/10.21333/lglj.2011.11.4.002.
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Seidman, Louis Michael. "Constitutional Scepticism and Local Facts." European Constitutional Law Review 17, no. 3 (September 2021): 566–79. http://dx.doi.org/10.1017/s1574019621000316.
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Татьяна Николаевна, Михеева. ""UPDATED MODEL" OF LOCAL GOVERNMENT." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 88–93. http://dx.doi.org/10.22394/2074-7306-2022-1-1-88-93.
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The subject of scientific and theoretical analysis was the concept of local selfgovernment in the now widely discussed draft law on the organization of local self-government. Its comparison with the current version of the basic law on local self-government and the novelties of the 2020 Constitution of the Russian Federation revealed significant changes not in favor of the “updated model” (as the developers of the bill call it). The latter did not reflect the constitutional status of local self-government as an element of public authority. The legal construction proposed by the developers "self-organization of citizens", according to the author, deprives local self-government of power, and democracy as the basic principle of the constitutional system remains outside the new understanding of local self-government. Attention is also drawn to the inaccuracy of the definition of the goal-setting of local self-government, which deviates from the established constitutional terminology. The author formulated a definition of local self-government, emphasizing its role in the system of public authority, reflecting the modern constitutional model and preserving the basic values of the current law.
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Risnain, Muh. "Tafsir Putusan Mahkamah Konstitusi Tentang Sengketa Kepemilikan Pulau Berhala." Jurnal Konstitusi 11, no. 3 (May 20, 2016): 454. http://dx.doi.org/10.31078/jk1133.
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The Decicion of Constitutional Court concerning Berhala Island not a dispute of property belonging under civil law. This dispute are constitutionality of the law concerning establishsing a new local government to the UUD 1945. Under Decicion of Constitutional Court in case No. 32/PUU-X/2012 and No. 62/PUU-X/2012 judge of Constitutional Court interpretation law about establishsing a new local government not based on legal constitutionality of that law to the UUD 1945. The interpretation of judge of Constitutional Court based on recognition and respective to high court decicion in case judicial review about Berhala Island.
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Siur, Nataliia, Hanna Kuzmenko, Iryna Pavlichenko, Tetiana Malakhova, and Andrey Pravdiuk. "Constitutional Principles of Local Self-Government." Journal of Law and Sustainable Development 11, no. 11 (November 30, 2023): e2290. http://dx.doi.org/10.55908/sdgs.v11i11.2290.
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Objective: This article aims to review and analyze the constitutional foundations of local self-government within the context of modern society's legal framework. The primary objective is to determine the role and significance of constitutional norms in shaping the functioning of local self-government, and their broader impact on democracy and sustainable development.
Methods: To achieve the research objectives, this study employed various research methods. Legal analysis was used to examine constitutional norms related to local self-government. Comparative analysis was conducted to study variations in constitutional provisions across different countries. Additionally, statistical data and scientific sources were analyzed to provide a comprehensive understanding of the subject matter. Systematic and logical analysis methods were applied to elucidate the interplay between constitutional norms and the practical implementation of local self-government.
Results: The research results shed light on the importance of constitutional principles in shaping the landscape of local self-government. It highlights the impact of these norms on the functioning of local authorities and the rights and duties of citizens. The study also examines the commonalities and differences in constitutional provisions among countries governing local self-government and analyzes the practical implications of these provisions.
Conclusions: Constitutional principles of local self-government play a crucial role in ensuring citizen participation, protecting the rights and responsibilities of local authorities, and strengthening democracy at the local level. The findings of this study underscore the significance of constitutional norms in shaping the landscape of local self-government and their wider ramifications for democracy and sustainable development. These insights can serve as a valuable resource for policymakers, public organizations, and researchers interested in local self-government and sustainable development issues, potentially guiding future legal reforms and political decisions. Future research opportunities may involve a more in-depth analysis of specific constitutional norms in different countries and an exploration of their impact on local politics and civil society.
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Hanifi, Shah Mahmoud. "Local Experiences of Imperial Cultures." Comparative Studies of South Asia, Africa and the Middle East 41, no. 2 (August 1, 2021): 243–49. http://dx.doi.org/10.1215/1089201x-9127141.
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Abstract The constitutional history thread woven through Faiz Ahmed's Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires unites Afghan, Indian, Ottoman, Islamic, modernist, and other strands of analysis. Hanifi's essay addresses issues relevant to the comparative study of Afghanistan, namely, epistemology, class, culture, and empire. It explores how urban Persianate state elites in Kabul exploited imperial opportunities, especially educational opportunities, over the century since constitutional independence.
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Evgeny Yu., Komlev. "CONSTITUTIONAL LAW REGULATION OF LOCAL SELF-GOVERNMENT IN SPAIN." State Power and Local Self-government, no. 5 (May 2018): 59–63. http://dx.doi.org/10.18572/1813-1247-2018-5-59-63.
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Mishyna, N. V. "Hermeneutics in the constitutional law of Ukraine." Наукові праці Національного університету “Одеська юридична академія” 28 (July 26, 2021): 104–9. http://dx.doi.org/10.32837/npnuola.v28i0.702.
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Hermeneutics, having emerged due to innovations in philosophy, is currently used by other humanities, including jurisprudence. Hermeneutics (from the Greek eppriveuco (hermeneutikos) - interpreter) - the art of understanding, comprehension, the doctrine of the interpretation of signs and understanding of meanings in the form of theory of the art of understanding, certain rules (methods, techniques) of interpretation, the art of their application, as well as the process of interpretation; organization, process and result of such correct reasoning, which actualizes various interpretive methodologies, adequate for understanding a text.
Hermeneutic principles and approaches are harmoniously combined with centuries-old legal traditions - because the history of interpretation of legal texts dates back at least to the Renaissance, reflected in many schools (glossators, commentators (postglossators), etc.).
The aim of the article is to demonstrate how the hermeneutics is used in the field of constitutional law based on the self-organized bodies of population's (SOBPs) materials and practice.
The use of the term "self-government" is not entirely successful in the name "territorial public self-government bodies". After all, according to modern doctrinal concepts, one of the conditions for the formation of the rule of law in the country is the division of public power into public state and public municipal (self-governing) power. In this case, public state power is exercised by the relevant bodies, which, as a rule, belong to one of the branches of state power in accordance with the requirements of the concept of its division into legislative, executive and judicial. Municipal power is exercised by local governments. Based on this, both public authorities (local governments) and public municipal authorities (local governments) will function at the level of administrative-territorial units. According to the legislation of Ukraine, SOBPs are part of the system of local self-government, but are not bodies of local self-government. Thus, the use of the word "self-government" in the name of the SOBPs will indicate the system to which the house, street, etc. committees belong, but will be confusing because it will facilitate their identification with local governments. In addition, the use of the name "territorial public self-government" will characterize the nature of the dream bodies as mixed (public - public), which, in the author's opinion, is also not true.
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Arizona, Yance, and Umi Illiyina. "The Constitutional Court and Forest Tenure Conflicts in Indonesia." Constitutional Review 10, no. 1 (May 31, 2024): 103. http://dx.doi.org/10.31078/consrev1014.
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With regard to access to land and forest resources, forestry legislation maintains an imbalance between the state, corporations, and local communities. Since the colonial era, forestry regulation has facilitated restrictions on the ability of local communities to benefit from land and forest resources, while also concentrating power in the hands of the state. To uphold state ownership, forestry law criminalizes customary practices, putting local communities at risk. In this sense, conflicts between local communities, corporations, and government agencies arise because of structural issues in the legal framework of laws and regulations that undermine the land rights of local communities. The establishment of the Constitutional Court in Indonesia in 2003 has enabled local communities and NGOs to challenge the Forestry Law. They use the Constitutional Court to support the resolution of forestry tenure conflicts. This article examines the extent to which the Constitutional Court can contribute to the resolution of forest tenure conflicts through judicial review of forest laws. This article discusses twelve Constitutional Court decisions regarding judicial review of the Forestry Law and the Law on Forest Destruction Prevention and Eradication. We found that the Constitutional Court has made a positive contribution to addressing the deficiency of forest legislation regarding local and customary land rights. The implementation of Constitutional Court’s ruling is not, however, a matter of self-implementation. The ruling of the Constitutional Court will only have significance if it is continuously promoted by various stakeholders in support of forest tenure reform to facilitate the resolution of forest tenure conflicts.
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SHugrina, YEkatyerina. "Reauthorization of Local Issues in Law Enforcement Practice." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, no. 2 (May 16, 2024): 187–94. http://dx.doi.org/10.21603/2542-1840-2024-8-2-187-194.
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This research featured norms that provide an opportunity to redistribute matters of local significance from local government bodies to state authorities. The Federal Law on Organization of Local Governance (2014) provides an algorithm for this procedure. However, it has received poor scientific attention, as has the current law enforcement practice in the corresponding category of cases. The present analysis of the regional and court decisions shows that the state authorities tend to act chaotically in exercising their discretionary powers. Reauthorization has received no criteria of expediency and effectiveness so far. The examples from law enforcement practice are not in favor of local government and violate the constitutional principle of trust in the government (Constitution of the Russian Federation, Article 75.1). Reauthorization prevents local governments from long-term development strategizing of their municipalities. Both the laws of the subjects of the Russian Federation and the law enforcement practice show that reauthorization in its current form contradicts the constitutional principles of maintaining trust in the government, thus reducing the power of local governments.
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Bui, Ngoc Son. "Constitutional amendment in Laos." International Journal of Constitutional Law 17, no. 3 (July 2019): 756–86. http://dx.doi.org/10.1093/icon/moz067.
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Abstract Laos, a socialist state in Southeast Asia, adopted an amended Constitution in 2015. This article investigates and explains this experience from the perspective of comparative constitutional amendment, supported by a qualitative empirical methodology: extensive formal interviews with several local constitutional amenders and informal conversations with a local lawyer and several legal scholars. It argues that Laos has introduced progressive constitutional amendments—notably, the redefinition of the position, structure, and functions of state institutions, including the imposition of term limits on executive power holders; strengthened commitment to a market economy; new commitments to human rights protection, judicial independence, and adversarial trials; and the creation of new institutions, namely, the local people’s councils, the state audit, and the election committee—to facilitate the improvement of its socialist constitutional system which in turn will promote the improvement of the material well-being of the living conditions of local people.
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Sikora, Kamil. "Acts of Local Law Within the Constitutional System of Sources of Common Law." Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius) 64, no. 1 (December 1, 2017): 171. http://dx.doi.org/10.17951/g.2017.64.1.171.
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Nelson, Matthew J., Aslı Bâli, David Mednicoff, and Hanna Lerner. "From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing." Law & Social Inquiry 45, no. 4 (April 14, 2020): 935–64. http://dx.doi.org/10.1017/lsi.2019.75.
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AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and legal institutions, but they rarely scrutinize this process in the context of constitutions. Drawing on an examination of borrowed constitutional elements in four cases (Pakistan, Morocco, Egypt, Israel), this article builds on research in comparative politics, comparative constitutional law, and sociolegal studies to provide a nuanced picture of deliberate efforts to import “inclusive” constitutional provisions regarding religion-state relations while, at the same time, refashioning the meaning of those provisions in ways that “exclude” specific forms of religious, sectarian, doctrinal, or ideological diversity. Building on sociolegal studies regarding the translation of law, we argue that foreign constitutional elements embraced by politically embedded actors are often treated as “empty signifiers” with meanings that are deliberately transformed. Tracing the processes that lead political actors to engage foreign constitutional elements, even if they have no intention of transplanting their prior meaning, we highlight the need for detailed case studies to reveal both the international and the national dynamics that shape and reshape the meaning of constitutions today.
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Pieterse, Marius. "Urbanizing Human Rights Law: Cities, Local Governance and Corporate Power." German Law Journal 23, no. 9 (December 2022): 1212–25. http://dx.doi.org/10.1017/glj.2022.77.
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AbstractThis article considers ways in which human rights law ought to respond to a growingly urban global order of blurred private—corporate—and state power. Fragmented and dispersed power comes together, in different configurations of public and private, in the cities and towns of the world. For this reason, local government presents the appropriate scale at which to re-conceptualize the operation of international human rights norms, also against private power. This requires engaging not only with the reach and leanings of international human rights standards but also with the manner in which they are rendered applicable, through domestic constitutional law, against state and non-state actors at a local scale. The urbanization of human rights law accordingly also requires a second look at the powers, competencies and responsibilities of urban local government under domestic constitutional law.
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Kravets, M. O. "CONSTITUTIONAL PRINCIPLES OF LOCAL SELF-GOVERNMENT BODIES DURING MARTIAL LAW." Juridical scientific and electronic journal, no. 4 (2023): 91–93. http://dx.doi.org/10.32782/2524-0374/2023-4/20.
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Al-Fatih, Sholahuddin, and Asrul Ibrahim Nur. "Does the Constitutional Court on Local Election Responsive Decisions ?" Journal of Human Rights, Culture and Legal System 3, no. 3 (November 20, 2023): 569–96. http://dx.doi.org/10.53955/jhcls.v3i3.74.
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The dynamism of the implementation of general elections in Indonesia is directly related to the legal products that regulate them. In this case, legal politics that continue to change legal products can further complicate the systems, mechanisms, and behavior of general election organizers and participants, and make them vulnerable to future general election disputes. This article aims to explain how the legal politics of the Constitutional Court's decision regarding the Regional General Election Law influences changes to the Regional Head Election Law, as well as its responsiveness to regional head general elections. This article uses a normative legal research method with a statute approach which focuses on the analysis of Constitutional Court decisions regarding regional head elections. In addition, the author presents a comparison of the legal politics of general election regulation in Indonesia and in the USA and Europe. This article finds that the Constitutional Court's authority to adjudicate regional elections has become permanent after almost a decade and a half of legal uncertainty and doubt. During that time, legal politics in several Constitutional Court decisions regarding regional head election cases had a similar character, namely producing responsive legal products. This indicates that democracy in Indonesia is built based on fulfilling human dignity, fairness, and justice. Thus, the issue of regional head general elections could have its origins in other things but not in the legal politics of the Constitutional Court's decision and its influence on related laws.
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Nugroho, Wahyu. "Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia." Jurnal Konstitusi 13, no. 3 (November 22, 2016): 480. http://dx.doi.org/10.31078/jk1331.
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After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.
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Pfeffer, Zsolt. "CONFLICTS OF INTEREST BETWEEN LOCAL GOVERNMENTS AND CENTRAL LEGISLATION – HOW FINANCIALLY INDEPENDENT CAN LOCAL GOVERNMENTS BE." Pravni vjesnik 38, no. 3-4 (2022): 159–82. http://dx.doi.org/10.25234/pv/22916.
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Rights and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.
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Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Madeeha Yumna Abdulloh, Zulfah Nurul Salsabila, and Lathifa Siti Rahmani. "Hubungan Pancasila dan Hukum Konstitusi : Implikasi Terhadap Pengakuan dan Perlindungan Hukum Adat di Indonesia." Deposisi: Jurnal Publikasi Ilmu Hukum 2, no. 4 (November 22, 2024): 169–76. http://dx.doi.org/10.59581/deposisi.v2i4.4227.
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This article discusses the relationship between Pancasila as the state ideology and constitutional law in Indonesia, particularly in the context of the recognition and protection of customary law. Using a normative juridical research method, the study examines the relevance of Pancasila in shaping the legal foundation and state policies that support the sustainability of customary law. The study also highlights the constitutional implications in providing formal recognition of the existence of customary law and the efforts to protect the rights of indigenous communities in Indonesia.The research findings indicate that Pancasila, as the state ideology, plays a crucial role in guiding constitutional law to protect local wisdom and cultural diversity, including in matters of customary law. Although the recognition of customary law has been accommodated within the constitution, its implementation still faces various challenges, particularly related to conflicts between customary law and national law. Therefore, synergy between Pancasila and constitutional law is needed to strengthen the protection of customary law within the framework of the Indonesian legal system.
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Musinova, N. N. "On the local self-government organisation in the public authority unified system." Vestnik Universiteta, no. 2 (April 2, 2022): 77–84. http://dx.doi.org/10.26425/1816-4277-2022-2-77-84.
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A significant form of constitutional rights implementation by Russians is the institution of local self-government, which has an important role to play in the civil society formation. Federal Law dated on December 21, 2021, No. 414-FZ “On the General Principles of the Organisation of Public Power in the Constituent Entities of the Russian Federation” reveals the constitutional provisions for the public power unified system organisation in the constituent entities of the Russian Federation. Currently, a draft federal law reflecting the general principles of the local self-government organisation in the public power single system is being discussed. The article analyses the main provisions of this draft law related to the public self-government development, civil society and the representative power formation at the municipal level and identifies their imperfections.
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Khilmi, Erfina Fuadatul. "Pembentukan Peraturan Daerah Syari’ah dalam Perspektif Hukum Tata Negara Pascareformasi." Lentera Hukum 5, no. 1 (May 7, 2018): 43. http://dx.doi.org/10.19184/ejlh.v5i1.7263.
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Indonesia in the aftermath of Reformation, the relationship between powers of central and local governments has shifted the paradigm in which the power of central government has been transferred from centralized-authoritarian to decentralized-autonomy. One of decentralized powers of local government is by providing the power to self-regulate without certain interventions from central government, including the initiative to establish bylaws (Peraturan Daerah) as the results of local autonomy. In further development of autonomy, however, the wider decentralization and autonomy attached to local governments has been responded differently. One of such responses is the establishment of sharia bylaws in which they result in problems in the Indonesian constitutional law system. From constitutional views, bylaws in local governments other than Aceh province violate citizen’s constitutional rights by which those are not accomodated in the hierarcy of national regulations. On the other hand, however, the establishment of sharia bylaw is important as an attempt to nurture social morality. Accordingly, there should not be abandonment regarding the establishment of sharia bylaws in several local governments other than Aceh province. But, the reaffirmation is needed relating to the position of sharia bylaws in the constitutional perspective which is not only seen formally, but also materially.
Keywords: Post-Reformation, Decentralization, Shari’a Bylaws, Constitutional Law
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Aliev, R. "Constitutional Legal Framework of Local Government in Russia and South Africa." BRICS Law Journal 8, no. 1 (April 11, 2021): 35–62. http://dx.doi.org/10.21684/2412-2343-2021-8-1-35-62.
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The article examines certain issues relating to the constitutional and legal regulation of local self-government in Russia and South Africa in the context of their cooperation within the partnership of the BRICS countries, as well as the constitutional reforms of local self-government carried out in these states. It is noted that, despite the fundamental difference in the historical prerequisites for their implementation, the constitutional and legal approaches to determining the legal nature of local self-government and identifying its status in the general system of public authority in these countries have similar features. This circumstance, according to the author, indicates the potential for a convergence of the systems of legal regulation of these countries and actualizes the need to exchange experience in legal regulation in this area in order to solve similar problems of development of local self-government.
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Arnold, N. Scott. "Postmodern Liberalism and the Expressive Function of Law." Social Philosophy and Policy 17, no. 1 (2000): 87–109. http://dx.doi.org/10.1017/s0265052500002545.
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In 1992, the city of Boulder, Colorado, passed an ordinance forbidding discrimination against homosexuals in employment and housing. Two years later, voters in the state of Colorado passed a constitutional amendment forbidding the passage of local ordinances prohibiting this form of discrimination. The constitutional amendment did not mandate discrimination against homosexuals; it merely nullified ordinances such as Boulder's. The amendment was later struck down by the U.S. Supreme Court as unconstitutional.
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Baewon Kim. "The Essence of Local Autonomy in the Viewpoint of Constitutional Law." Public Law Journal 9, no. 1 (February 2008): 218–51. http://dx.doi.org/10.31779/plj.9.1.200802.010.
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Pál, Ádám, and Michal Radvan. "Constitutional Regulation of Local Financial Autonomy in the Visegrad Countries." Studia Iuridica Lublinensia 33, no. 1 (March 28, 2024): 207–27. http://dx.doi.org/10.17951/sil.2024.33.1.207-227.
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In this article, the authors investigate the connection between the level of detail in constitutional regulations of local financial autonomy and its overall quality in Hungary, Slovakia, Poland and the Czech Republic. The article aims to either confirm or refute the hypothesis that more comprehensive constitutional rules result in an enhanced quality of local financial autonomy. To be able to test the hypothesis, the authors first examine the relevant constitutional regulation in these four countries. Thereafter, they employ two different indicators, selected statistical data and the conclusions from the monitoring procedure of the European Charter of Local Self-Government to measure the quality of local financial autonomy in the studied countries. Finally, they compare the results of the quality assessment with the degree of the constitutional framework’s specificity to see if the hypothesis was correct or not.
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Maksimović, Nebojša. "State supervision over the local self-government in the Vidovdan Constitution." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 207–23. http://dx.doi.org/10.5937/zrpfn0-32306.
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In the process of adopting the Vidovdan Constitution of the Kingdom of Serbs, Croats and Slovenes (1921), one of the topical issues was the form of supervision that the state government would exercise over the local self-government. In this article, the author first elaborates on the development of this constitutional document, with specific reference to the constitutional drafts proposed by the governments of Milenko Vesnić and Nikola Pašić, the amendments introduced by the Constitutional Committee, and the adoption of the constitution in the Constituent Assembly on 28 June 1921 (St. Vitus Day). The Vodovdan Constitution was the legal ground for adopting two important legislative acts in April 1922: the Law on General Administration and the Law on Regional and District Self-Governmnent. The author analyzes the constitutional and statutory provisions that regulated the legal position of state authorities in the administrative districts, counties and local self-government bodies, as well as their mutual relations. State supervision over the local self-government activities, primarily at the regional (district) level, has been observed in the context of state supervision over the administrative acts/ documents and local administrative bodies. In particular, the author focuses on the supervision over regional finances, considering not only the importance of these funds for the functioning of the regional self-government but also the restrictions which the regional government was exposed to. The aim of the research is to point out to the legal relations between the central (state) administration and local self-government in the Kingdom of Serbs, Croats and Slovenes, which were initially envisaged in the Vidovdan Constitution and subsequently instituted by the the 1922 Law on Regional and District Self-Government.
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Baymuratov, Mykhaylo O., and Boris Ia Kofman. "INTERNATIONAL MUNICIPAL LAW AS A FIELD OF INTERNATIONAL PUBLIC LAW: ON THE QUESTION OF THE FORMATION OF THE INDUSTRY." Bulletin of Alfred Nobel University Series "Law" 2, no. 3 (December 2021): 7–31. http://dx.doi.org/10.32342/2709-6408-2021-2-3-1.
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The article is devoted to the scientific and theoretical substantiation of the position on the formation of international municipal law as a field of modern international public law. In domestic jurisprudence, the topic is being studied for the first time. The authors connect the emergence of international municipal law with the processes of constitutionalization of international public law and the internationalization of the constitutional legal order of states. These processes were accompanied by the growth of international recognition of the institution of local self-government. First of all, through its international legal regulation and contextualization of topical aspects of the activities of local governments, taking into account their international activities. In particular, through the development and adoption of a number of international multilateral treaties and the preparation at the United Nations level of the draft World Charter of Local Self-Government. In the context of the internationalization of the constitutional legal order of countries in the field of urban law, significant processes of borrowing international legal standards of local selfgovernment by state constitutional law are indicated. Based on the analysis of international practice, a conclusion is made about the compliance of Ukrainian legislation with international standards. At the same time, recommendations are given for its improvement, in particular, for financing local governments, budgetary decentralization, limiting the competence of local state administrations, etc. The formation and development of the architecture of modern public international law, its institutional and structural system is usually associated with its sectoral construction, which is based on the definition of the subject of legal regulation and method of legal regulation. The emergence of a new subject of legal regulation in public international law, as an independent and autonomous legal system, is based on the actualization, emergence, activation, contextualization of cooperation in a new field of interstate cooperation, which in practice is determined by the emergence of a new object of international law. In this case, the methods of international legal regulation in public international law remain constant – either imperative or dispositive. However, today in the formation of new branches of public international law plays an important role trend that emerged during the formation of a new form of globalization – legal, which has such a nomenclature – the constitutionalization of public international law and the internationalization of constitutional order. In general, the national legislation of Ukraine meets world standards, but some legislative norms should be improved. First of all, this concerns the financing of the local state administrations, limiting the competence of local state administrations to the level of control functions and mediation between the local governments, the executive branch and the President. In addition, it makes sense to provide a mechanism for the implementation of the international legal standards for the subjects of Ukrainian local self-government.
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Ivanova, A. A. "CONSTITUTIONAL CONSOLIDATION OF LOCAL SELF-GOVERNMENT: THEORETICAL AND LEGAL APPROACH." Bulletin of Udmurt University. Series Economics and Law 31, no. 3 (June 8, 2021): 421–31. http://dx.doi.org/10.35634/2412-9593-2021-31-3-421-431.
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In the article the topical questions of development of local self-government on the basis of requirements of the Constitution of the Russian Federation with the account of constitutional amendments are considered. The author generalizes some discussions of power relations, which are proved by constitutional fixation of local self-government in different historical periods. Theoretical and practical approaches in providing self-government tasks are considered. Attention is focused on revealing problems in legal regulation and law-enforcement practice for applying experience in modern realities. The author characterizes the innovations of the Basic Law, identifying polemical norms. Such as notion and assignment of public authorities, interaction of bodies of state power and bodies of local self-government, participation of federal and regional levels in municipal administration, formation of effective model of organization of activity of bodies of local self-government, offering some ways of solving the examined disputable moments.
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Bocharova, Natalia V. "THE CONCEPT OF INTERNATIONAL MUNICIPAL LAW IN MODERN MUNICIPAL LAW RE- SEARCH." Alfred Nobel University Journal of Law 2, no. 9 (December 23, 2024): 20–29. https://doi.org/10.32342/3041-2218-2024-2-9-2.
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The article is devoted to the problem of the formation of international municipal law as a branch of current international public law. There is a focus on studying the international aspects of local self- determination in foreign legal sciences, with an emphasis on exploring the problems of the new role of cities in international relations, as well as managerial problems of the municipal self-government between national powers. Participation of cities in global political structures and international rule- making, according to foreign experts, will provide the basis for the emergence of international municipal law. For the development of the concept of international municipal law, an important role was played by the work of the research group “The Role of Сities in International Law”, created by the International Law Association (ILA), as well as the academic publication “Research Handbook on International Law and Cities”, which brought together a great international team of scholars. A comprehensive analysis of the impact of international law on cities, which act as leading units of local self-government, sheds light on the growing global role of cities and argues for a new understanding of international law in light of the urban turn. The materials of this collection allow us to identify the components of the concept of international municipal law, or international local government law, formed in Western legal thought. In domestic jurisprudence, the concept of international municipal law was formed primarily in the works of M.O. Baymuratov, who was a pioneer in this area and remains a leading researcher of international legal aspects of local self-government to this day. Unlike the Western doctrine, which emphasizes the development and involvement of cities in international activities, M.O. Baymuratov and his scholars link the emergence of international municipal law with the processes of constitutionalization of international public law and the internationalization of the constitutional legal order of states. These processes are accompanied by growing international recognition of the institution of local self-government, primarily through its international legal regulation and contextualization of relevant aspects of the activities of local self-government bodies, taking into account their international activities, in particular through the development and adoption of a number of international multilateral intergovernmental treaties and the preparation at the UN level of a draft World Charter of Local Self-Government. In the field of municipal law, significant processes of borrowing international legal standards of local self-government by national constitutional law are taking place, primarily through the system of international legal treaties of the UN and the Council of Europe. These “external” factors are associated with legal globalization, which is aimed at the standardization and unification of the most important social-state relations, which are of significant importance not only for the nation-state, but also for the entire international community of states. Local self-government is also included in the circle of such priority-most important relations.
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Kozhevnikov, Oleg A. "Local Self-Government in the Public Government System: A New Constitutional Dimension." State power and local self-government 10 (October 15, 2020): 23–26. http://dx.doi.org/10.18572/1813-1247-2020-10-23-26.
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The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.
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Nataliya, Batanova. "Functions of constitutional and legal responsibility: methodological problems of research." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 210–21. http://dx.doi.org/10.33663/0869-2491-2020-31-210-221.
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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc. The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfillment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.
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Batanova, Nataliia. "Functions of constitutional and legal responsibility: problems of conceptualisations." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 100–104. http://dx.doi.org/10.36695/2219-5521.1.2020.18.
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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc.
It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc.
The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.
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Sadovnikova, G. D. "Development of ideas of people’s representation and local self-government in the works of scientists of the Department of Constitutional and Municipal Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 7, 2022): 99–110. http://dx.doi.org/10.17803/2311-5998.2022.94.6.099-110.
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The article prepared for the anniversary of the Department of Constitutional and Municipal Law notes the contribution to the development of the theory of popular representation, as well as to the formation and development of the branch and science of municipal law of scientists, the founders of the School of Russian Constitutionalism, who earned recognition during their lifetime as classics of constitutional and municipal law science. A brief overview of the works, the author’s approaches contained in them, the points of view of Academician of the Russian Academy of Sciences O. Е. Kutafin, Professors E. I. Kozlova, V. I. Fadeev, N. A. Mikhaleva, B. A. Strashun on possible ways of developing science and practice in the field of popular representation and local self-government is offered. The doctrinal provisions contained in their scientific works have largely determined not only the directions of development of public law sciences, but also the strategy of constitutional development of Russia.
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Adam, Klaus-Peter. "Why Does H Demand the Guarding of YHWH’s Sabbaths, Respecting of Elders and Reprimanding of Compatriots?" Journal of Hebrew Scriptures 24 (September 25, 2024): 1–33. http://dx.doi.org/10.5508/jhs29642.
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Among the commands of H, elderly honor, Sabbath observance, and mutual reprimanding of compatriots are hallmarks. The origin, genre, and a comparable legal framework of these sentences can be found in what was labeled rules of (local) religious associations known from demotic papyri, from the Fayum going back to the 6th century BCE. In a tone comparable to a constitutional legislation, H is seen as an analogy for the rules of conflict settlement of local communities: it seeks to keep out governmental authority from local affairs, stipulates the respective festival day, and claims jurisdiction for its local community. All of these are also key elements of H’s anti-Persian stance. Read as a constitutional law of local bulwarks fending off central governmental authority in Egypt, the rules of local religious associations provide a hermeneutical lens for an analogous historical reading of H as "constitutional law." H in Lev 19:3-4, 11-18, 30—as a document of the priestly community in Yehud—would strengthen local institutions, including the arbitrarily stipulated festival day at the sanctuary, the elders as local institution, and internal jurisdiction of a priestly community bolstering itself as a bulwark against transgressions of the Achaemenid empire.
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Knoll, Bernhard. "Bosnia: Reclaiming Local Power from International Authority." European Constitutional Law Review 3, no. 3 (October 2007): 357–66. http://dx.doi.org/10.1017/s1574019607003574.
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Powers of High Representative in Bosnia and Herzegovina ‘reminiscent of a totalitarian regime’ – February 2007: Constitutional Court challenges decisions of the High Representative for being contrary to Article 13 of the European Convention on Human Rights – Order of the High Representative: execution of the Court's decision contrary to Article 25 UN Charter – Ruling by command may lastingly hinder democratic development
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Kydyraliev, Zh. "Formation and Development of the Constitutional and Legal Status of Local Self-government in the Kyrgyz Republic." Bulletin of Science and Practice, no. 8 (August 15, 2023): 162–68. http://dx.doi.org/10.33619/2414-2948/93/17.
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Local self-government in the Kyrgyz Republic, due to changes in the state structure and the political situation in the world, has undergone many changes in the legal status, powers and responsibilities and has earned such a constitutional and legal status that it now has. Each upcoming change in the constitutional and legal status of local self-government was accompanied by the prerequisites for changes in the Basic Law of the country. The development of local self-government is associated with the acquisition of an appropriate constitutional status at each stage of the changes taking place in the country.
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Sugianto. "Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia." Journal of Social and Development Sciences 7, no. 3 (October 9, 2016): 42–49. http://dx.doi.org/10.22610/jsds.v7i3.1409.
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The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from literature or news about the regional head elections. The results showed that in a democratic election, a guarantee of freedom is an absolute and normative requirement. However the normative requirements sometimes ignored either by contestants or supporters. Therefore, the presence of the Constitutional Court is very important for democracy and constitutionality of local elections. In the local elections, the Constitutional Court has the authority to resolve the election results dispute. Although the existence of the Constitutional Court is important, but to resolve the dispute over local elections, researchers assume about the necessary establishment judicial elections at any stage or process level.
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Crouch, Melissa A. "Law and Religion in Indonesia: The Constitutional Court and the Blasphemy Law." Asian Journal of Comparative Law 7 (2011): 1–46. http://dx.doi.org/10.1017/s2194607800000582.
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AbstractA growing number of religious minorities have been prosecuted for the criminal offence of ‘insulting a religion’, specifically Islam, in Indonesia. Both local and international human rights organisations have condemned the perceived misuse of what is widely referred to in Indonesia as the ‘Blasphemy Law’. This article will analyse the application for judicial review of the Blasphemy Law, which was submitted to the Indonesian Constitutional Court in 2009. It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the Blasphemy Law. In doing this, it will explore how the relationship between law and religion, particularly Islam, has been debated, negotiated and articulated in democratic Indonesia
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Stepanov, M. M. "Local Self-Government in the Context of the 2020 Constitutional Reform." Actual Problems of Russian Law 16, no. 5 (June 9, 2021): 35–41. http://dx.doi.org/10.17803/1994-1471.2021.126.5.035-041.
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Local self-government in modern Russia was revived in the early 1990s. The legislation then in force was aimed at separating local self-government from the system of state authorities and ensuring its autonomy. The independence of local self-government was also established by the 1993 Constitution of Russia. As a follow-up to the provisions of the Constitution, the Federal Law dated 06 Oct 2003 No. 131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation” was adopted. The Federal Law initiated the reform of local self-government aimed at improving the efficiency of local self-government bodies as an independent level of the public power most closely associated with the population. However, the municipal power is now radically different from that created in those years. This is primarily preconditioned by the lack of the necessary amount of its own revenue necessary to enable the municipal power to exercise its authority independently. The majority of municipalities need state assistance and interbudgetary transfers. The necessity to exercise control over the state budget spendings has led to the fact that the main trend in the development of local self-government in Russia was its integration into the vertical of public power. The legal crystallization of this process was carried out by amending the current legislation, especially the Federal Law No. 131-FZ dated 06 Oct 2003. The Constitutional Reform of 2020 has legitimized these changes.
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Batanov, O. V. "The place and role of the Сonstitution in the system of sources of municipal law: domestic and foreign experience." Alʹmanah prava, no. 15 (September 1, 2024): 132–39. https://doi.org/10.33663/2524-017x-2024-15-132-139.
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In the process of formation and modernization of local self-government, the study of the role, essence, content, main directions and forms of regulatory influence of the Constitution of Ukraine, laws and other sources of municipal law on social relations in the sphere of organization and functioning of municipal power and protection of municipal human rights is of particular importance. The Сonstitution is the most important among the sources of public law and the legal basis of local self- government in any democratic state. It defines the entire system of the constitutional order, first of all, the state and social order of a country, the status of a person and a citizen, and the system of local self-government, creating the legal basis of direct people’s power, state power, and local self-government as forms of political (public) power. In this regard, naturally, the Constitution itself is the priority legal basis of local self-government, which is characteristic of all democratic states in which the state recognizes (establishes) local self-government. As an act of supreme legal power and a fundamental legal guarantee of local self-government, the Constitution establishes a stabilizing factor in the legal mechanism of state functioning in the field of local self-government. All constitutional norms on local self-government, as the legal basis of state activity in the field of local and regional development, can be divided into norms that: recognize local self-government; the functional purpose of local self-government is determined; the mechanism and organization and activity of local self-government are regulated; the economic basis of local self-government is established; the territorial basis of local self-government is established; the competence of local self-government on some issues is established; state guarantees of local self- government are established; the rights of residents to local self-government are established and restrictions on the rights to local self-government are prohibited. The article analyzes domestic and foreign experience of constitutional regulation of local self-government. It is proved that in the perspective of constitutional modernization of post-war Ukraine, the constitutional experience of many foreign countries deserves attention, in particular, elements of municipal design not only of Poland, France, Denmark or Sweden, but also of South American countries.
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Ray, Brian. "Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence." American Journal of Comparative Law 69, no. 2 (June 1, 2021): 390–97. http://dx.doi.org/10.1093/ajcl/avab016.
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Potapchuk, Anna V. "THE ROLE OF TERRITORIAL COMMUNITIES IN THE FORMATION OF PHENOMENOLOGY OF MODERN ECOLOGICAL CONSTITUTIONALISM." Bulletin of Alfred Nobel University Series "Law" 2, no. 3 (December 2021): 73–79. http://dx.doi.org/10.32342/2709-6408-2021-2-3-8.
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The article is devoted to the study of the phenomenology of environmental constitutionalism in terms of the influence of local communities on environmental human rights, providing them with new content and local content in the global environmental crisis, constitutionalization of legal systems and the formation of global constitutionalism. The opinion is substantiated that the formation of the constitutional and legal level of environmental human rights is evidence of the state’s recognition of its natural rights through further constitutional legalization, which is especially important in the global environmental crisis. Increasing the level and scope of sufficient quality, proper and optimal constitutional and legal regulation of environmental rights is a reliable guarantee and demonstration of readiness of man, society, state and the entire international community to function sustainably in the new difficult conditions of human existence. It is emphasized that environmental rights, which have a constitutional and normative level, are in fact accompanied by significant meta-legal and quasi-legal phenomena that form the basis of everyday life of a particular person, building, so to speak, the philosophical state of everyday life. The human life cycle takes place at the local level of the society within the territorial community as a territorial human community that exists in the context of local self-government. The author notes that environmental constitutionalism is seen as a complex multilevel, multidimensional, teleological and normatively determined phenomenon at the intersection of national constitutional law, general international law, international human rights law and general environmental law (national and international). It has a direct connection with the person, his groups and groups operating in the relevant territory of a particular state, carrying out its life cycle. That is why territorial communities play a fundamental role in its formation and definition. It is concluded that the above provisions allow us to assert about the phenomenology of environmental constitutionalism that, by and large, it acts as a complex multilevel, multidimensional, teleological and normatively determined phenomenon at the junction of national constitutional law, general international law, human rights law and general environmental law (national and international). They transformed into the object of normative legal identification, historical and legal contextualization and pragmatic axiology from the level of phenomenology and the object of purely applied the scientific and doctrinal level. Because it has a direct connection with the person, his groups and collectives functioning in the corresponding territory of the concrete state, carrying out the life cycle, and territorial communities play in its formation and definition a fundamental role.
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Mihálik, Jaroslav, and Bystrík Šramel. "Constitutional and Legal Foundations for Local Self-Government Law-making: Does the Slovak Republic Need More Precise Legal Regulation?" Lex localis - Journal of Local Self-Government 17, no. 3 (July 24, 2019): 393–415. http://dx.doi.org/10.4335/17.3.393-415(2019).
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The law-making process is one of the extremely important forms of local self-government activities. By means of law-making, local self-government regulates the conditions of life and behaviour of the local community living in a particular area of local self-government. Through law-making, therefore, local self-government can significantly interfere with an individual's life. The paper is focused on the analysis of the current legal regulation of the local self-government law-making process in the Slovak Republic and the identification of its weak points. The authors examine the results of control activities of authorities performing the review of constitutionality and legality of local law-making. On this basis, we submit a number of suggestions and incentives for changing the current legal regulation of law-making competence of local self-government.
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Burmistrova, Yuliana, and Andrey Mikerin. "LOCAL GOVERNMENT DURING THE SOVIET STATE: HISTORICAL AND LEGAL ASPECT." Bulletin of the Kazan Law Institute of MIA Russia 15, no. 3 (October 10, 2024): 17–25. http://dx.doi.org/10.37973/vestnikkui-2024-57-2.
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Introduction: this article examines the distinctive features of the organisation of local self-government during the Soviet period of state development. It considers the powers of local councils and analyses the challenges of reforming people's self-government at different historical stages, as well as the interaction between municipalities and state authorities. Materials and Methods: the study was informed by a number of legal and regulatory instruments, including decrees issued by the Soviet government and the Law of the RSFSR from 19 July 1968, "On the settlement, village council of people's deputies of the RSFSR". The aforementioned decrees and laws, including the Soviet Union's Law of 07.07.1971 "On the district council of people's deputies of the RSFSR" and the USSR's Law of 09.04.04.1990 № 1417-1 "On the basic principles of local self-government and local economy in the USSR", were instrumental in shaping the legislative framework for local self-government in the Soviet period. The aforementioned legislative acts include the Law of the RSFSR of 06.07.1991 № 1550-1 "On local self-government in the RSFSR", the Regulations on the basis of organisation of local self-government in the Russian Federation for the period of gradual constitutional reform in 1993. The theoretical and methodological basis of the research was informed by the works of scholars specialising in constitutional law, municipal law, history, and extracts from public speeches by statesmen from various historical periods. The methodological basis of the research was formed by the system approach, the universal dialectical method of scientific cognition, as well as comparative-legal and historical-legal research methods. Results: firstly, the peculiarities of the historical and legal development of the institution of local self-government in the Soviet period have been identified. Secondly, the powers of local authorities have been analysed. Thirdly, the changes connected with the activity of local self-government since the establishment of the RSFSR and before the adoption of the Constitution of the Russian Federation have been justified. Discussion and Conclusions: the authors present their conclusions regarding a notable shift in the fundamental principles of organization and functionality of the system of local self-government bodies within constitutional reforms. They also discuss the ongoing process of developing an effective system of local government in the Soviet society, emphasizing the influence of political practice dynamics, novelty, and the necessity for a comprehensive theoretical understanding.
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Serzhanova, Viktoria. "Status autonomiczny oraz ustrój samorządu Wysp Alandzkich." Studia Iuridica, no. 88 (December 13, 2021): 364–74. http://dx.doi.org/10.31338/2544-3135.si.2021-88.20.
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The autonomous status of the Åland Islands and the system of its self-government against Finland’s territorial and administrative structure constitute a fascinating research area in the field of constitutional law and political systems. Such research makes it possible to determine which principles of the system of the division into territorial units possessing autonomous status within the territorial structure of the state and its self-government should be introduced at the legal, constitutional and statutory level in order to ensure the population inhabiting it with a sufficient level of separateness and independence, protection of fundamental rights and freedoms, and at the same time guarantee the territorial integrity of the state. The study also makes it possible to determine which legal mechanisms and instruments of the organization and functioning of autonomous regions, distinguished by some specific feature, need to be applied in order for the system of such a unit to be effective in the performance of public tasks of their own and those commissioned by state authorities by self-government bodies of this region and to enable the self-government of the region serving its citizens at its best. In the case of Finland, it is of great importance for the protection of fundamental human and civil rights and freedoms, especially for ethnically and culturally separate social groups. The aim of this study is the legal analysis of the autonomous status and the local government system of the Åland Islands, applied and currently functioning in Finland, and its subject is an exegesis of the norms concerning the subject matter under the study, contained in the Fundamental Law of 1999 being in force in Finland and the relevant statutory regulations, as well as practices of the functioning of this region within the state from the perspective of its division into other basic units and the system of local government.
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Yulida, Devi, and Rina Talisa. "The Executory Authority of Constitutional Court Decisions in the 2024 Local Head Election." Acta Law Journal 3, no. 1 (December 31, 2024): 25–36. https://doi.org/10.32734/alj.v3i1.18967.
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Indonesia views Local Head Elections as a vital expression of people's sovereignty in its democratic system. The Constitutional Court ensures the fairness of democracy through rulings on these elections. This study examines the executory authority of the Constitutional Court's decisions regarding Local Head Elections in 2024, focusing on Decisions No. 60/PUU-XXII/2024, 70/PUU-XXII/2024, and 126/PUU-XXII/2024. Using a normative legal approach, the research analyzes laws and concepts related to these elections, with data qualitatively analyzed and presented narratively. The findings highlight that the Constitutional Court’s final and binding decisions enhance legal certainty and improve the electoral system, thereby strengthening Indonesia’s democracy. These rulings take immediate effect without requiring an executive body and must be respected by all state institutions, reflecting the principle of checks and balances in governance. Effective implementation requires cooperation among state institutions, with the legislative and executive branches expected to follow up on the rulings through lawmaking. The General Election Commission plays a critical role in organizing elections based on these laws. As a rule-of-law state, adherence to the law by all institutions is essential to achieving a just and improved democratic system.
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Sudrajat, Hendra. "Phenomenon of Constitutional Law Regarding the Authority of Deputy Local Leaders in Local Elections (Pilkada) Results." Jurnal Bina Praja 12, no. 2 (December 16, 2020): 261–72. http://dx.doi.org/10.21787/jbp.12.2020.261-272.
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Since the reformation era in 1998 through amendments to the 1945 Constitution, which began in 1999 to 2002, it has impacted Indonesia's state administration system's structure. The direct election system's opening in the election of the President and Vice President and the legislature to the local elections (Pilkada). Local elections (Pilkada) candidates are a package for local leaders, which fascinating to examine. In Article 18, paragraph (4) to the 1945 Constitution does not mention the Deputy local leaders, thus causing problems. When the Deputy local leaders authority is limited by the constitution, which has an impact on conflicts of authority between the local leaders and Deputy local leaders, which results in disrupted government services. This study aims to provide a solution to this phenomenon so that it finds two options, namely, first to retain the position of Deputy local leaders in the local elections with the complaint mechanism method and precise judgment of taxation, and secondly to be consistent with the state constitution, the local elections (Pilkada) is held without a Deputy local leaders candidate with his position replaced. by the local secretary.
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Baldus, Manfred. "Rechtsstaat und Rechtskirche." Krakowskie Studia z Historii Państwa i Prawa 4 (2011): 43–51. http://dx.doi.org/10.4467/20844131ks.12.003.0504.
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Constitutional State and Church under the Rule of Law The historical experience of the Nazi era and the former GDR caused that nowadays the public in Germany gives particular attention to the Constitutional State (Rechtstaat). In everyday routine the Constitutional State appears particularly under the slogan of legal protection, judicial control as excercised by independent judiciary, the fair trial, the judicial hearing and the stages of appeal. The author describes the topical problem of the Constitutional State, the tension between the legal certainty and justice, parliament and jurisdiction, and illustrates his discussion with practical examples. Like any other societas constituta et ordinata thus also the Church needs judicial authorities to settle its internal conflicts. The author reports the efforts that are made to reduce the evident deficit in the legal protection (e.g. in the areas of labour law and penal law) mainly on the level of local Church.
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Bocharova, Natalia V. "ANALYTICAL REVIEW OF PUBLICATIONS ON CONSTITUTIONAL LAW AT OXFORD UNIVERSITY PRESS (Monographic publications)." Bulletin of Alfred Nobel University Series "Law" 1, no. 6 (July 14, 2023): 104–15. http://dx.doi.org/10.32342/2709-6408-2023-1-6-10.
Full textAbstract:
The integration of Ukraine into the world and European research space in the field of jurisprudence requires a thorough acquaintance with the latest methodological approaches and theoretical and doctrinal developments of the world's leading experts. Familiarity with the publishing activity of foreign legal scholars and the work of academic publishing houses plays an important role in this regard. The presented analytical review highlights the activity of publishing constitutional and legal studies of the Oxford University Press, which is the largest university publishing house in the modern world. The characteristics of constitutional publications are structured according to thematic sections: sources of constitutional law and reference publications, studies on the constitutional law of individual countries and regions, as well as problems and phenomena related to constitutional development (freedom, deliberative democracy, human rights, local self-government). If we depart, so to speak, from the territorial principle, the following thematic blocks can be distinguished in relation to the issues of Oxford University publications on constitutional law: a) comparative legal constitutional studies; b) analysis of constitutionalism within the framework of classical doctrinal discourse (constituent elements of constitutionalism, constitutionalism in the philosophical dimension, problems of the social context of modern constitutionalism); c) globalization of law and the phenomenon of global (transnational, supranational) constitutionalism. This distinction is quite arbitrary, because two or more problems may be covered in a particular publication. Publications of the University of Oxford accumulate the main achievements of world jurisprudence in the field of constitutional law. Many of the characterized editions are available on a special online resource "Oxford Scholarship Online".
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Yurko, S. S. "Procedure for consideration of cases of constitutional jurisdiction in Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 79 (October 9, 2023): 177–81. http://dx.doi.org/10.24144/2307-3322.2023.79.1.30.
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The article is devoted to the study of problems and prospects of legal regulation of the procedure for consideration of cases of constitutional jurisdiction in Ukraine. The author establishes that the tasks entrusted to the single body of constitutional jurisdiction by the Constitution and the Law «On the Constitutional Court of Ukraine» are implemented in the form of judicial constitutional proceedings, i.e., a special judicial procedure. Currently, such a procedure is generally provided for in Section 2 of the Law of Ukraine «On the Constitutional Court of Ukraine» and the Rules of Procedure of the Constitutional Court. Most of the judicial procedures for consideration of cases of constitutional jurisdiction are defined at the level of by-laws. The author believes that this approach is erroneous, since Article 19 of the Constitution of Ukraine provides that state and local self-government bodies and their officials are obliged to act only on the basis, within the limits of their powers and in the manner provided for by the Constitution and laws of Ukraine.
It is established that the Venice Commission has drawn its attention to the procedural problems of the Constitutional Court in terms of legislative regulation of the divergence of judicial practice, the need for legislative detail and specification of important parts of the procedural aspects of the court’s activities. It has been established that a number of European countries have special codes of constitutional jurisdiction or similar procedural laws.
For example, the Code of Constitutional Jurisdiction of the Republic of Moldova of 16 June 1995 has a much higher quality of legal technique than similar procedural provisions of the Law of Ukraine «On the Constitutional Court of Ukraine».
In order to address the above issues, the Draft Law on Constitutional Procedure No 4533 of 21 December 2020 is currently being considered by the Verkhovna Rada of Ukraine. While supporting the main objectives of this Draft Law, the author identifies its significant shortcomings which offset the positive novelties proposed by it. It is emphasised that the relevant legislative work should be based on the national doctrine of constitutional law, the experience of codification of procedural legislation of other branches of law and relevant foreign experience.