The constitutional control system in portugal: preconditions of forming and features of functioning
Автор: Slezhenkov Vladimir V., Lakeev Andrey E.
Журнал: Legal Concept @legal-concept
Рубрика: Международное право и сравнительное правоведение
Статья в выпуске: 1 т.18, 2019 года.
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Introduction: the scientific interest in the study of the specifics of the Portuguese constitutional control system is predetermined by insufficient knowledge of the relevant issues in the Russian legal doctrine, the uniqueness of the historical prerequisites for the formation of this system and its subsequent development, the importance of the role in the context of the transition from authoritarianism to democracy. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main are the methods of historicism, systematic analysis and comparative law. Results: the study identified the ideological and historical factors that had influenced the formation of the considered constitutional control system, conducted its comparison with the foreign practices, analyzed the basics of its regulatory framework, and determined the features of its functioning. The research substantiates the conclusions about the Portuguese constitutional court’s having exclusivelybroad powers, about the democracy of the considered system, the combination of signs of decentralization and centrality in it with the priority of the latter, the special nature of the considered system, which is significantly different from the foreign analogues.
Constitutional control, constitutional justice, constitutional court, portugal, comparative constitutional law
Короткий адрес: https://sciup.org/149130244
IDR: 149130244 | DOI: 10.15688/lc.jvolsu.2019.1.22