SPECIALIZATION OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF AFRICAN STATES


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Abstract

Acting as an integrative constitutional and theoretical category, the principles of the judiciary are the object of constitutional and legal science in terms of substantive interpretation, as well as the specifics of formalization, including in the comparative legal aspect. As a result of this, the subject of the article were the norms of the constitutions of African States. As a summary it is established that in the required constitutions the principles of the organization and activity of judicial power are formalized in special branch and humanitarian sections. The constitutions, which reflect the principles of the judiciary exclusively in special sectoral sections (Comoros, Morocco), include three minimum types of such principles relating to the judicial system, the judiciary and the status of judges. The constitutions, which reflected together the principles of the judiciary in special sectoral and humanitarian sections, are characterized by a variety of ship-building principles as well as basic provisions for judges (côte D'ivoire, Libya, Mauritania, Mali). However, no principles were discovered in their texts, devoted to the proceedings.

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About the authors

Alexey Pavlovich Treskov

Rostov state railroad university

Email: altreskov@yandex.ru
PhD at law, Federal Judge retired. Position: associate professor. Department: Theory of state and law chair.

References

  1. Пашков Р.В. Конституции стран Африки. Том 3. М., 2018.

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