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CNAA / Theses / 2015 / May /

Impact of the International Human Rights Law to the Constitutional Law of the Republic of Azerbaijan, of the Republic of Moldova and of Georgia


Author: Kamal Makili-Aliyev
Degree:doctor habilitat of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2015
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 8 May, 2015
Approved by NCAA on the 7 July, 2015

Abstract

Adobe PDF document – 0.57 Mb / in russian
Adobe PDF document – 1.43 Mb / in romanian

Thesis

CZU 342.7(478)(043.2):341.231.14 342.7(479.24+4722):341.231.14

Adobe PDF document 1.81 Mb / in russian
335 pages

Keywords

constitutional law, international human rights law, comparative law, human rights, institutes, implementation of norms, lawmaking, legislation, constitution, principles of international law

Summary

This doctor habilitat thesis consists of eight parts (introduction, five chapters, conclusion and bibliography). Academic results have been published in 64 academic research papers as well as in academic reports on international conferences.

Field of study: constitutional law, international human rights law, international law.

Thesis objects and objectives: academic definition of international human rights law as a complex branch of international law and research its impact on specific national branches of constitutional law. The main objective of this academic research is a comprehensive research of the impact of international human rights law on development of national human rights institutes of constitutional law.

Novelty and academic originality: this thesis is the first monographic attempt to research the systematic question of the impact of international human rights law, as a self-sufficient complex branch of international law, on development of national branches of constitutional law, taking into account national human rights institutes. Impact of international human rights on constitutional law of the states should be considered thought the prism of recognition of the "core" of human rights imperative character.

Main solved academic problem: international human rights law in a complex branch of law, having direct influence on national constitutional laws. Thereby direct application and uniform interpretation of the human rights law norms in the countries, belonging to different legal systems, automatically makes them a part of constitutional law and leads to gradual unification of the countries constitutional laws.

Theoretical value of the research: the research holds an academic character, reveals the forms and mechanisms of international human rights law impact on national constitutional law, pointing to the mandatory nature of the provisions governing the basic human rights and freedoms, which in it's turn should accelerate the unification of the interpretation of the relevant provisions both at the international and national levels of countries.

Practical value of the research: applicable recommendations, provided by this research, can be used both in national lawmaking and in international lawmaking, when drafting international documents, developing international practice of law enforcement and right protecting activities.

Applied value: results, general conclusions and recommendations of the research are published in articles in various specialized journals, presented as reports on national and international conferences.