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Publications of Nikitina Anna
Law and Politics, 2018-8
Nikitina A. - Constitutional judicial process as a form of resolving constitutional legal disputes: trends of foreign law regulation pp. 81-92

DOI:
10.7256/2454-0706.2018.8.26948

Abstract: The subject of this research is the constitutional law disputes that act as the prerequisites for constitutional judicial procedure, and define the content and the subject of judicial activity, as well as the main parameters of the constitutional judicial process. The procedure of resolving constitutional disputes in constitutional courts is being examined as a means of maintaining a balance between branches of power in the government, mechanism of protection of rights of the individual, competency of the constitutional branches and constitutional values. The goal of this research is to determine the main trends of foreign legal regulation that demonstrates the influence of the constitutional law disputes upon the constitutional judicial process. Among main conclusions, the author determines the key trends of foreign legal regulation of the constitutional judicial process as forms of resolving constitutional law disputes, including expansion of the categories of legal disputes in the constitutional court jurisdiction; sequential reflection in the legislation of the adversarial principle through determining plaintiffs and defendants in all categories of cases heard by the constitutional court; determination of restitution for damages caused by an act found to be unconstitutional.
Law and Politics, 2018-8
Nikitina A. - Constitutional judicial process as a form of resolving constitutional legal disputes: trends of foreign law regulation pp. 81-92

DOI:
10.7256/2454-0706.2018.8.43168

Abstract: The subject of this research is the constitutional law disputes that act as the prerequisites for constitutional judicial procedure, and define the content and the subject of judicial activity, as well as the main parameters of the constitutional judicial process. The procedure of resolving constitutional disputes in constitutional courts is being examined as a means of maintaining a balance between branches of power in the government, mechanism of protection of rights of the individual, competency of the constitutional branches and constitutional values. The goal of this research is to determine the main trends of foreign legal regulation that demonstrates the influence of the constitutional law disputes upon the constitutional judicial process. Among main conclusions, the author determines the key trends of foreign legal regulation of the constitutional judicial process as forms of resolving constitutional law disputes, including expansion of the categories of legal disputes in the constitutional court jurisdiction; sequential reflection in the legislation of the adversarial principle through determining plaintiffs and defendants in all categories of cases heard by the constitutional court; determination of restitution for damages caused by an act found to be unconstitutional.
LEX RUSSICA (Russian Law), 2012-4
Nikitina A. -
Abstract:
LEX RUSSICA (Russian Law), 2012-4
Nikitina A. -
Abstract:
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