Article title New Phenomena and Concepts in Comparative Jurisprudence
Authors
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 1-2/2013
Сторінки [266-277]
Annotation

In the article the updating of the comparative jurisprudence methodology is concerned. To the new complex of concepts of the comparative jurisprudence theory the author ascribes: a) the combination of legal regulators; b) the legal space; c) the legal cross-border communication; d) the legal sovereignty.

The ways of impact of international legal regulations on the national legal regulations, which include, inter alia, the general principles of the functioning of the international community and the democratic development of the country (ensuring human rights, rule of law, etc.), the doctrinal influence in the form of conceptions about social state, administrative justice, etc.; the model (standard) international legal acts, etc. are shown in the paper.

Special attention is paid to the «legal framework» study generated by coordinated national and international interests and expanding the boundaries of the legal regulation and legal institutions.

The author discovers the category of «legal sovereignty» of the state, which is expressed in two aspects. Domestically, this means, first of all, the construction of the national legal system on the basis of certain legal ideas and concepts; b) the construction of a system of legislation in accordance with the needs and traditions of the country; c) the orientation of the target law-making process; d) the formation of sustainable practices in law enforcement; e) the construction and operation of legal institutions and mechanisms of judicial and other protection.

Finally, the author comes to the conclusion that the expansion of the range of research studies in the theory of comparative jurisprudence means more profound experience of the different facets of state legal phenomena. In the age of globalization the «exit» beyond the territorial framework of analysis reflects the integrative tendencies of development of law in the modern world.

 
Keywords methodology of comparative jurisprudence, the combination of legal regulators, legal framework, cross-border legal communication, legal sovereignty.
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