Constitutional justiciary (procedural) rights: towards identifying and understanding the phenomenon

• 出版年: Правоприменение
• 第一著者: T. V. Sokolov
• フォーマット: 論文
• 言語: ロシア語
• 出版事項: Dostoevsky Omsk State University 2024-12-01
• 主題: human rights; justice; judicial power; judicial law; judicial rights; constitution; international treaty; archetype
• オンライン･アクセス: https://enforcement.omsu.ru/jour/article/view/1004

Subject. The article is devoted to the study of the existence of an independent group of human rights – human rights in the sphere of justice, also called constitutional justiciary rights. These rights are enshrined in the constitutional acts of modern states and guaranteed at the international legal level in a number of universal instruments and regional conventions on the protection of human rights. The consolidation and implementation of these rights is intended to ensure, with the help of judicial procedures, the reality of the constitutionalism regime and social justice in specific cases considered by the courts.Purpose of the study. The article aims to prove the existence of constitutional judicial rights as a category of current law.Methodology. The article relies on the wide application of comparative legal, historical legal and formal dogmatic methods. The historical legal method made it possible to trace the consolidation of judicial rights in the constitutions of England, the USA, France, Italy and Germany in the 18th-19th centuries. Using the comparative legal method, the constitutions of the modern world were studied and a quantitative rating of the prevalence of these rights was compiled. The formal dogmatic method made it possible to define approaches to the theoretical study of this group of human rights.Conclusions. An independent group of human rights – justiciary rights – exists and is subject to allocation (recognition) as part of the general legal status of an individual. Such rights is defined as human rights realized in the field of justice.