This paper argues that in response to the new economic reform policy of Iraq launched in the last decade, the Iraqi Council of State should have exclusive jurisdiction over administrative and ...economic disputes. The Council of State, in terms of its role as advisory division advising the government and parliament, and its role as the highest administrative court, could have a major role in improving governance and other regulatory practices of the state. With a view of taking this analysis further, it examines to what extent this role of the Council of State could ensure faster and less costly settlement process of investment disputes in comparison to international arbitration on one hand, and to meet the developmental needs of the country on the other. This study focuses on the way economic and administrative disputes with investors are currently dealt with under the Iraqi law as there are no administrative courts with general jurisdiction over economic disputes. . It specifically looks at the way the role of the council of State may contribute to the reform policy. In this context, this paper suggests a number of elements for settlement between investors and the state.
The review analyzes the collection of papers of the Fifteenth International Scientific Conference “Current Problems of Parliamentarism: History and Modernity” (Tauride Readings 2021), held in St ...Petersburg in December 2021. The reviewer examines the problems and topics of the articles included in the collection as well as the issues put forward during the discussions and the round table. The analysis of various aspects of the activities of the State Duma in the early 20th century takes the central place in most studies. Special attention is paid to the materials devoted to parliamentarism in foreign countries (Great Britain, China, Croatia, and Germany).
The author analyses the collection of scientific articles of the 14th International Scientific Conference “The Current Problems of Parliamentarism: History and Modernity (2020 Tauride Readings),” ...held in St Petersburg in December 2020. The review examines the problems and topics of the articles included in the collection as well as the issues tackled during the discussions and the round table. The analysis of various aspects of the activities of the State Duma of the early 20th century plays the lead role in most of the studies presented in the collection.
The State Council was established in 1928. This was an institution at the level of a constitutional legal status. It was supposed to provide the Lithuanian government with opinions on draft laws, ...submit proposals for draft laws, supervise the legality of legal acts, and engage in law codification work. The State Council operated for twelve years: it was liquidated on July 27, 1940, and the fate of the archives of this institution is unknown. In the Central State Archive of Lithuania, we can find fragments of the activities of the State Council: several explanatory letters, ongoing projects prepared by the State Council, and fragments of the minutes of its meetings. M. Römeris scrupulously wrote diaries, which are also useful in the context of analyzing the activities of the State Council, since from 1928 to 1931 Römeris served as a member of the State Council, and later as a co-worker. This article reveals M. Römeris’ work in the State Council, his thoughts about the Council, its formation, work organization, ethics, and the work of the State Council itself.
The Russian Empire of the early 20th century saw gradual alienation of the supreme authority represented by the emperor and his inner circle from the bureaucracy and the generals who were their most ...important supporters, which contributed to the political crisis escalation. The article considers this issue on the example of certain aspects of the administrative and political activities of Alexander Roediger, General of Infantry, who served as Minister of War in 1905–09. The article shows his attempts to solve personnel problems in the army by removing unqualified personnel from the Higher Command, which caused discontent among the courtiers. The author analyzes A. Roediger’s political views, which can be described as moderately liberal. The Minister of War himself never went public about them, considering it unacceptable for an officer to engage in politics. However, due to his position, he could not completely distance himself from politics, especially during the revolutionary upheavals of 1905–07. Alexander Roediger belonged to those statesmen of Russia who sought to carry out serious reforms along the lines of constitution through a constructive dialogue with the legislative authority. The article also notes his role in preserving the Second State Duma during the “Zurabov incident,” his close cooperation within his ministerial powers with the Third Duma State Defense Commission, and so on. Such a course of the government official turned out to be unacceptable for Nicholas II, which caused resignation of Roediger. The desire of Minister of War Alexander Roediger to improve the state of things in the army through cooperation with moderately liberal deputies (members of the Octobrist Party) aroused suspicions of his political disloyalty, for which there were actually no grounds, and the attempts to solve personnel problems by purging of senior officers brought into question the established personnel policy in such an important area for the tsar as the imperial army. The material analyzed in the article convincingly shows that absolute loyalty to the monarch was the main personnel principle of the last reign. It implied that any attempts of a government official to manage his sphere as he deemed necessary in the interests of the cause rather than as it was understood by the monarch were doomed to fail.
Introduction. Economic policy is one of the most important components of foreign and domestic policy. The constitutional foundations of the country’s economy create the legal basis for the ...organization of economic activity. Theoretical analysis. Economic policy is defined as the legitimate activities of state bodies aimed at achieving the welfare of the state and society and establishing stable economic growth, carried out in accordance with the constitutional principles of the economic system. Empirical analysis. Constitutional regulation of economic policy is implemented by consolidating the foundations, principles of economic activity and the system of government bodies with the establishment of their constitutional status, goals, a clear division of powers and methods of interaction between each other in the formation and implementation of economic policy. The article presents their analysis and examines the practice of constitutional reform in order to improve the effectiveness of economic policy. Results. The problems of constitutional regulation of the economic policy of the CIS countries are formulated and proposals for their solution are expressed.
In order to provide guarantees to protect economic operators from the arbitrariness of the decisions of the independent economic control authorities, the Algerian legislator subjected them to ...legality control so that they may be exercised within the framework of respecting the rights and freedoms enshrined in the constitution. The complexity and difficulty, given the distribution of jurisdiction between the administrative and ordinary judiciary on the one hand, and the diversity and multiplicity of judicial procedures related to legality disputes on the other hand. Which necessitates studying the subject from a procedural angle to reach a conclusion represented in the inevitability of reconsidering the judicial procedures related to the disputes of the economic control authorities by unifying the rules related to the modalities of submitting administrative and judicial appeals, and unifying the dates of appeal, with the need to allocate a comprehensive procedural law to independent control authorities independent of Civil and Administrative Procedures Law; In order to be in line with the spirit of speed and flexibility in the economic field.
The article examines the reform of the state system of the Russian Empire in 1905—1906, which culminated in the publication of the Fundamental State Laws on April 23, 1906, which summed up ...the previous reforms and became the first domestic constitution. It is noted that at the final stage of the preparation of the Fundamental Laws, there was a problem of integrating the Guardianship Council of the Empress Maria’s Institutions into the new political reality. It is emphasized that legislative measures related to this institution were passed through the Guardianship Council, while according to the new Fundamental Laws, all legislative measures were supposed to go through the State Duma and the State Council. For the first time in scientific historiography, based on previously unknown archival materials, the article examines how representatives of the highest imperial bureaucracy, directly involved in preparing the draft Fundamental Laws, solved this problem. Bureaucratic practices and strategies are analyzed. The author concludes that these representatives acted as defenders of the principles of separation of powers and unity of the legislative path, opposing the inclusion of the Guardianship Council’s legislative nature in the Fundamental Laws. It is shown that a similar position was taken by Nicholas II, which predetermined the exclusion of an article about the Guardianship Council from the final version of the Fundamental Laws.
El objetivo de este artículo es recorrer la historia de la aparición del concepto de «identidad constitucional» en la jurisprudencia francesa con el fin de comprender sus raíces técnicas y políticas. ...Así, para entender por qué la identidad constitucional fue inicialmente ignorada por los jueces franceses, antes de ser proclamada repentinamente en 2006 e identificada en 2021, es necesario analizar no solo el rol y las competencias del Consejo Constitucional en el sistema jurídico francés, sino también la evolución de la integración europea como tal.
This article discusses a unique precedent in Russian history when the textbook for elementary schools became the subject of parliamentary debate. In March 1913, a group of right-wing members of the ...State Council appealed to the Minister of Public Education for permission to use the 3rd part of the “Nov’” reading book by N. Tulupov and P. Shestakov in elementary schools. The interpellents argued that in Nov’; and a number of other primary school textbooks approved by the ministry, the authors’ biased texts were anti-monarchical and anti-state, pitting one class against another, killing the people’s religiosity and developing anti-militaristic sentiments. The parliamentarians involved in the debate found themselves in the unusual role of literary critics, children’s reading leaders, and experts in primary education. An analysis of this mishap, its background and consequences, and the discussion in the State Council itself reveals that in the interrevolutionary decade other institutional players besides the state emerged in the field of education policy: zemstvos, school and school boards of trustees, teachers’ public organizations, educational periodicals and, later, political parties. In the absence of curricula for primary schools, the content of teaching was in fact determined by the educational literature that the zemstvo purchased for the schools in its district, choosing from an extensive list of publications permitted by the Ministry. However, state censorship was not an obstacle to the active work of liberally-minded educators in publishing and promoting textbooks, which provoked such a strong reaction from right-wing conservatives. The reading book became the subject of a political struggle for the opportunity to determine the ideological agenda of public education.
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