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IJSC

Late Antiquity: The Regional Specific Nature of Intellectual Tradition - Pages 2330-2334

Elena V. Litovchenko, Irina V. Zaytseva, Maria A. Rudneva, Natalia Ye. Zolotukhina, Anastasia A. Grechukhina and Mihail I. Dorokhov

DOI: https://doi.org/10.6000/1929-4409.2020.09.280

Published: 29 December 2020


Abstract: The primary purpose of the study is to investigate the specifics of the intellectual tradition prevailing in some regions of the Late Antique world. For the purpose of a comprehensive review of the problem, the authors focus on well-known intellectuals of the 5th–6th centuries, representing Gaul (Ausonius, Sidonius, Ennodius et al.), Alexandria (John Philoponus, Hypatia, Sinesius of Cyrene et al.), Africa (Fulgentius, Priscian, Corippus), Isauria (Candidus Isaurus). Despite the fact that, under the influence of objective factors (Christianization, barbarians), the intellectual tradition changed from its ancient model to the medieval one, it fulfilled its most important task - to preserve the best from the treasury of ancient thought and adapt the ancient heritage to a changing world. In conclusion, the outcomes of the study demonstrate various examples of intellectual tradition and the fortunes of “people of written culture” (literati).

Keywords: Africa, Gaul, intellectual tradition, Isauria, Late Antiquity.

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IJSC

Human Rights Risks in the Constitutions of the American Federal States - Pages 2335-2341

Marina V. Markhgeym, Alevtina E. Novikova, Vladimir K. Dmitriev, Ruslan M. Dzidzoev and Ol'ga G. Larina

DOI: https://doi.org/10.6000/1929-4409.2020.09.281

Published: 29 December 2020


Abstract: The article presents the results of a comparative legal analysis of the constitutions of American federal states (Argentina, Brazil, Venezuela, Canada, Mexico, and USA) with a view to identifying the norms that minimize human rights risks. The examination depended on an argumentative way to deal with the revelation of legitimate wonders and cycles utilizing general logical (precise and consistent strategies, investigation and amalgamation) and explicit logical techniques. The declared axiological, functional, and institutional parameters are fully set only in the Constitution of Venezuela. Other constitutions that consider the objective specifics of the historical development of countries reflected the desired formulations in the framework of the axiology of individual rights and freedoms; prohibition of slavery; judicial protection of individual rights; isolation of a special human rights institution, etc. The objectives of the study led to the use of special legal methods. Thus, the comparative legal method contributed to the identification of resources and means of minimizing risks to human right advocacy in the foreign constitutions. The novelty of this research is identifying the norms that minimize human rights risks.

Keywords: Human and civil rights and freedoms, protection, risk to human rights, guarantees, court.

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IJSC

Protection Indicator in the Constitutions of the European Federations - Pages 2342-2346

Marina V. Markhgeym, Alevtina E. Novikova, Evgeniy E. Tonkov, Alla N. Gutorova and Aleksandr M. Tsaliev

DOI: https://doi.org/10.6000/1929-4409.2020.09.282

Published: 29 December 2020


Abstract: The article presents the results of a comparative legal analysis of the constitutions of European federal states (Austria, Belgium, Bosnia and Herzegovina, Germany, and Switzerland) with a view to identifying the norms that minimize human rights risks. The identification of such constitutional provisions is associated with the formalization of the protection of the human rights and freedoms, as well as its legal statuses and conditions. The research was based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. The unity of the constitutional approach of the European federal states to formalize the judicial protection of the rights and freedoms of the individual (Austria, Belgium, Bosnia and Herzegovina, Germany, Switzerland) has been determined. The identification of such constitutional provisions are associated with the formalization of the protection of the human rights and freedoms, as well as its legal statuses and conditions. The Novelty of the study is carrying out the declared constitutional analysis of the defense was on the example of European federal states.

Keywords: Constitution, human rights, risk, human rights risk, protection.

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IJSC

Risks to the Human Rights Advocacy in African Constitutions - Pages 2347-2352

Marina V. Markhgeym, Evgeniy V. Aristov, Anna A. Bezuglya, Alevtina E. Novikova and Andrey B. Novikov

DOI: https://doi.org/10.6000/1929-4409.2020.09.283

Published: 29 December 2020


Abstract: This article presents the results of a comparative legal study of the texts of the constitutions of African states with a view to identifying the rules that minimize human rights risks. The research is based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific (systematic and logical methods, analysis and synthesis) and specific scientific methods. African constitutions, in comparison with the constitutions of other states, and in particular European ones, contain a disproportionately large number of rules formalizing special human rights institutions. Typically, these are special councils, human rights commissions (Egypt, Morocco, and Tunisia) or certain categories of the population (three in Egypt, three in Morocco, one in the Central African Republic). In Morocco and Equatorial Guinea, both the Mediator and the Public Defender are established, respectively. The relevance of the study is due to the strategic objectives of creating a secure human rights status of the state, as well as the need to find and update theoretical, methodological, and practical approaches to protecting the rights and freedoms of a human and a citizen. Considering the rules of the African constitutional model of minimizing risks to human right advocacy, objectively in terms of quantity and quality, are considered hyperbolic.

Keywords: Human and civil rights and freedoms, state, constitution, risk to human rights.

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