Concept of constitutional judicial guarantees in Germany and France
Автор: Teplova Darya Olegovna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Права человека в Евразийском пространстве
Статья в выпуске: 1 (38), 2019 года.
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Purpose: To analyze the features of the development of the concept of constitutional judicial guarantees in the basic laws of modern States of Western Europe on the example of the Federal Republic of Germany and France. Methodology: Comparative, historical and other general scientific methods of research were used. Results: The legal features of the «constitutionalization» of judicial guarantees in France and Germany are determined by the historical features of state development and national constitutional traditions. The main legal differences between the processes of constitutionalization of judicial guarantees in these countries include: different models of constitutional consolidation of judicial guarantees; national peculiarities in the legal status of constitutional justice bodies and mechanisms of human rights protection within such bodies; constitutional consolidation and development of differentiated judicial jurisdictions in the judicial systems of these countries. Novelty/originality/value: The article has scientific value, as it is the result of the author’s individual approach to the study of the features of the constitutional judicial guarantees of Germany and France, which have not been adequately covered in the Russian legal science.
Короткий адрес: https://sciup.org/140240625
IDR: 140240625