Constitutional legalization of judiciary principles: experience of American States
| Autor | Aleksej P. Treskov - Ludmila O. Losilkina - Zara A. Mamisheva - Andrey P. Peterburgskiy - Igor V. Timofeev |
| Cargo | Rostov state University of railway engineering - Belgorod State University - Adyghe state University - Belgorod State University - Charter court of Saint Petersburg |
| Páginas | 955-963 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito Centro de Ciências Jurídicas - Universidade Federal da Paraíba V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
955
CONSTITUTIONAL LEGALIZATION OF JUDICIARY
PRINCIPLES: EXPERIENCE OF AMERICAN STATES
1
vAleksej P. Tresko
2
aLudmila O. Losilkin
3
aZara A. Mamishev
4
Andrey P. Peterburgskiy
5
vIgor V. Timofee
Abstract: The article presents the results
of the comparative legal study
concerning the formalization of the
judiciary principles in the constitutions
of Latin American states. Most of the
analyzed constitutions identified special
sections on the judiciary, many of which
are distinguished by fragmentation into
smaller structural units. At the same
time, the special chapters formalized the
judiciary principles in the varieties of the
judicial system, legal proceedings, as
well as in the organization and activities
of judges.
Keywords: judicial power, justice,
court, principle of judicial power, judge,
publicity, independence, finality.
1. Introduction
1
Rostov state University of railway engineering, 2 square of the Rostov Shooting Regiment of the
National Militia, Rostov-on-don, 344038, Russia
2
Belgorod State University, 85 Pobedy Street, Belgorod, 308015, Russia
3
Adyghe state University, 208, Pervomayskaya Street, Maikop, 385000, Russia
4
Belgorod State University, 85 Pobedy Street, Belgorod, 308015, Russia
5
62 Suvorovsky Ave., Litera a, Saint Petersburg, 191124, RussiaCharter court of Saint Petersburg,
It is true that all human
knowledge is built on comparison, which
is a universal tool, the main purpose of
which is to help in obtaining
information. In this very general sense,
the comparative method in law is used to
acquire knowledge in relevant fields and
incorporate them into a person’s concept
of the world. As it developed,
comparative jurisprudence, initially
limited by legislative and other norms,
began to encompass legal practice,
primarily the entire application of law by
courts; later on, the legal sphere was
supplemented by the study of social
factors affecting legislation and the
application of law. Thus, the circle of
traditional comparative methods had to
be expanded by adding to the so-called
“legal” methods characteristic of
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