The legalization of the constitutional principles of judicial power: the experience of American States

Author(s):  A.P. Treskov, candidate of Sciences, The Kirov district court of Rostov-on-don, Rostov-on-don, Russia, altreskov@yandex.ru

Issue:  Volume 44, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  The article presents the results of a comparative legal study of the order of legalization of the principles of judicial power in the constitutions of American States. The analysis showed that the required principles are located in the structural parts, which are specifically devoted to the judiciary, as well as in other sections. The formalization of the latter was the subject of this article. The author found that the non-specialized sections of the constitutions among the key principles of the judiciary contain independence, cooperation / coherence, as well as a number of judicial principles (in the non-exhaustive list). All other principles identified are directly relevant to the work of the judiciary in the humanitarian aspect. The concentration of the principles of the judiciary in the chapters on the rights and freedoms of the individual is mediated by the nature and purpose of such structural units. On the one hand, the principles sought are the basis for the organization and activities of the judiciary, and on the other hand, guarantees of subjective rights and freedoms.

Keywords:  judicial power, principles of judicial power, judge, independence, interaction, cooperation, assistance, judicial protection

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