法治与议会制:宪政理论棱镜下的相互关系

L. Konovalova
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引用次数: 0

摘要

本文通过与议会制的宪法和法律概念的关联来探讨现代法治基本原则的认识和实施问题,提出始终提高立法程序的效率,形成一个内部稳定和公平的国家机制。委员会提请注意,由于各国对法治概念的不同看法,比较审议中的术语存在实际困难;对法律公正的定义存在争议;法律上的:法律效力与附则之间通常存在细微差别的;随着司法和行政权力对立法者特权的侵犯;随着全球化进程,超国家机构凌驾于议会之上;现代国家具有混乱、不一致、不合理和大量的法律规范,以及各种领域的法律规制。与此同时,本文注意到法治和议会制的法律结构趋同的积极趋势,这与确保法治(法律)的现实的法律杠杆的出现有关,包括宪法司法、超国家机构;认识到法治与人权的实施、权力分立、法院的可及性和公正性、当局的责任之间的不可分割的关系;提出立法效力的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY
The article deals with modern problems of perception and implementation of the basic principle of therule of law through correlation with the constitutional and legal concept of parliamentarism, proposed as alever to improve the efficiency of lawmaking procedures and the formation of an internally stable and fairstate mechanism. Attention is drawn to the practical difficulties of comparing the terms under consideration,associated with different national perceptions of the concept of the rule of law; with the debatable definitionof the justice of the law; with the presence of an often subtle difference between the legal force of a law anda by-law; with the intrusion of the judiciary and executive power into the prerogatives of the legislator; withthe processes of globalization, putting supranational bodies above parliaments; with chaos, inconsistency,irrationality and a significant amount of legal norms, as well as a variety of areas of legal regulation in themodern state. At the same time, the article notes positive trends in the convergence of legal structures ofthe rule of law and parliamentarism, associated with the emergence of legal levers to ensure the reality ofthe rule of law (law), including constitutional justice, supranational bodies; awareness of the inextricablerelationship between the rule of law and the implementation of human rights, the separation of powers,the accessibility and fairness of the court, the responsibility of the authorities; posing the question of theeffectiveness of legislation.
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