The Principle of Relativity in the Post-Classical Theory of Law
Propose their own vision of the content of relativity as a methodological principle of the Post-Classical legal science. The Post-Classical methodology used by the authors suggests criticising classical jurisprudence and dialogism as a positive programme.
Подобные документы
The constraints of traditional postcolonial theory, particularly in its application in the post-Soviet space, and to argue the need to study the post-Soviet space through the prism of this theory, considering the colonial nature of the Soviet Union
статья, добавлен 12.05.2024A feature of non-compliance or partial compliance with the principle of equality. Analysis of the gradual strengthening of control over the observance of the principle of equality, even if the Constitutional Council refuses to recognize it as such.
статья, добавлен 22.09.2022Application of argumentative normotrialism within the framework of constitutional norm-making. The formation of pandect law in the 19th century. Argumentative normotrialism is one of the keys to borrowing the post-classical relational technique.
статья, добавлен 22.01.2024Legal opinion of the Supreme Court, which is characterized by a significant number of signs of judicial precedent. The content of the principle of legality, which is based on the obligation of subjects of power to take legal conclusions into account.
статья, добавлен 18.04.2023Inadmissibility of repeated prosecution for the same offence. Principle of inadmissibility of double jeopardy. Correlation between the principle of legal certainty and the principle of inadmissibility of double jeopardy of a person for a single offence.
статья, добавлен 26.06.2022The consolidation of the principle of supremacy in international documents. The rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development.
статья, добавлен 10.08.2022Analyses and researched of the legal positions of the Constitutional Court of Ukraine on the content of the above elements of the rule of law. It is emphasised that the principle of proportionality is fundamental to defining the limits of human rights.
статья, добавлен 10.05.2022Utility principle in the legal thought of the Ancient World. Utility principle in the legal thought in modern period. The study of the features of legal utilitarianism, the history of its origin and formation. The essence of the Dogemannian legal thought.
статья, добавлен 09.03.2021The world experience of realization of the right to truth. The made an attempt to highlight a set of universal means of reconciliation in international documents, which confirmed their effectiveness in various options of post-conflict settlement.
статья, добавлен 13.06.2023Legal conclusions of the Supreme Court as an element of the principle of legality in decision-making by subjects of power. Theoretical and practical aspects of the development and formation of the institute of legal opinions of the security court.
статья, добавлен 24.08.2023The research deals with issues of a comprehensive assessment of the prospects for the reconstruction of the theoretical and methodological foundations of domestic civics in view of the need to rid legal consciousness of the relics of Soviet ideology.
статья, добавлен 23.08.2022Research of typical, classical and newest approaches to definition of essence of concept of financial safety of the state. Identification of problematic aspects of managing the financial component of economic security of the national economy of Ukraine.
статья, добавлен 15.12.2020The role of the trade union in the protection of state workers. Legal regulation of trade union protection of labor rights in post-Soviet countries through international conventions, constitutions of such countries and their national legislation.
статья, добавлен 26.09.2021Consideration of the content of the methodological function of the theory of state and law in the system of vectors of impact of law. defining and characterising the essence, content, social purpose, objectives and the aim of the state and law theory.
статья, добавлен 23.08.2022The role and significance of the principle of subsidiarity as one of the principles that helps regulate the relationship between different levels of governmentї. Relationship of the principle of subsidiarity with other principles of administrative law.
статья, добавлен 24.08.2022The protection of labour rights by trade union - the significant process for employees of every state. Determination of the role of international conventions in the legal regulation of trade union protection of labor rights in post-soviet countries.
статья, добавлен 04.09.2022The research is to determine the characteristics of the methodology of modern historical science, the history of state and law, to increase the level of methodological effectiveness of scientific studies, in particular, on the history of state and law.
статья, добавлен 16.04.2023Protection of property rights as one of the cornerstones of the rule of law. This note is related to one of the latest decisions of the European Court of Human Rights (ECtHR), which focuses on newly discovered facts and the principle of legal certainty.
статья, добавлен 09.05.2022Study of the methodological function of the theory of the state and law in the system of directions of action of the law. Approaches to defining the concept of functions of the theory of the state and law, their features, essence, content, social purpose.
статья, добавлен 08.01.2023The essence of the "principle of administrative proceedings" category. The problem of effective protection of the rights, freedoms, and legitimate interests of a person and a citizen in judicial proceedings. The role of administrative proceedings in law.
статья, добавлен 09.01.2024- 21. Theoretical and legal substantiation of the realization of the rule of law by an attorney at law
Theoretical analysis of the impact of the rule of law principle on the functioning of the bar in Ukraine. Analysis of theoretical approaches to the structural elements of the rule of law principle from the perspective of an attorney-at-law's activities.
статья, добавлен 07.05.2023 The inadmissibility of double jeopardy - the fundamental principle to the institution of legal liability in both the countries of Anglo-American law. Double responsibility like a factor that creates uncertainty for participants in legal relations.
статья, добавлен 06.07.2021Legal regulation of the principle of gender equality in international law, which belongs to the values of the European Union. Its important role for Ukraine in terms of European integration. Analysis of establishing the principle of non-discrimination.
статья, добавлен 20.11.2022The problem of the importance of defining the main features of international cooperation in the field of criminal law. Determination of the main legal framework and features of procedural actions regarding the established principle of reciprocity.
статья, добавлен 12.08.2022Identify the influence of type of legal understanding to solve the issues of constitutionality and the force of the act, formalizing the exercise of the functions of the primary constituent power. Characteristics of the relativity of the constituent act.
статья, добавлен 05.07.2021