· Official materials and Decisions of the Constitutional Court of the Republic of Belarus
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
Decision of the Constitutional Court of the
· Scientific information
Petr P. Miklashevich Rule of Law and the scope of discretion of legislative power
This article analyses the nature of discretionary powers of legislature as well as the principle of the Rule of Law as one of the major factors of limitation for the legislator’s discretion along with supremacy of Constitution and international obligations of state. Basing on the practice of the Constitutional Court of the Republic of Belarus the author indicates some directions of limits of the national legislator’s discretion of the, formulates doctrinal approaches to discretionary powers of the legislator and limits of its discretion, proves inadmissibility of arbitrary discretion in legal regulation of public relations.
Olga G. Sergeeva The Constitutional basics of the social policy of the
This article deals with the concept and nature of social State, international standards of social human rights, general features of social policy of the
Sergei P. Chigrinov The Constitution as a value: some aspects
Axiological status of the Constitution is manifested in two aspects: internal and external. The internal aspect make actual discrete concept of the Constitution, wherein it is regarded as a system of constitutional values that have found anchorage in the text of Constitution. The external aspect concerns social values of the Constitution itself as a holistic concept. In the latter as the Constitution has the instrumental-legal, integrative-constitutive and symbolic value.
Ludmila O. Murashko Axiological aspect of the constitutional tradition
The constitutional legal tradition is analysed as a new concept in the domestic legal science in this article. Particular attention is paid to its features, genesis, and content in axiological aspect. Basing on the example of the Belarusian historical legal records, papers of known thinkers, first of all of the period of Grand Duchy of Lithuania the author concludes that the constitutional legal tradition is determined by values of a concrete society.
Nadezda V. Makarova The constitutional guarantees of the right for the enabling environment
In this article it is said that a constitutional right of the person on favorable environment is possible by setting measures for protection of flora, as the component of environment. Such measures of protection of flora as gardening and restoration by means of which environment is modelled are allocated.
· Foreign experience of constitutional justice
Mathieu B. Strengthening the role of the Court as the guarantor of the rights and freedoms
Judicial power is considered as a counterbalance of political power. It is noticed that on the one hand, evolution of the system of separation of powers leads to the understanding of distinction between political and judicial powers as basic direction of separation of powers, and on the other hand – development of the law of the fundamental rights considerably strengthens authorities of a judge, especially his normative authorities. In this connection, according to the author, there are two major problems concerning institutional organisation of judicial system and its role in the protection of the rights and freedoms. The analysis of the problem is based on the French law and the European Court of Human Rights’s case law.
· International relations of the Constitutional Court of the
On the Chairman of the Constitutional Court P. Miklashevich participation in the International Conference «The pan-European Conference on the European Standards of Rule of Law and the Scope of Discretion of the Powers in the Member-States of the Council of Europe» ( 3–5 July