The Right to Engage in Political Activity

Authors

  • Gevorg Danielyan Yerevan State University

DOI:

https://doi.org/10.46991/BYSU:C/2022.13.2.003

Keywords:

politics, political activity, political resistance, political neutrality, depoliticization, party, judicial branch, President of the Republic

Abstract

 In this article the author examines the evolution of «political activity», adjacent terms of it (“politics”, “political resistance”, “political neutrality”, ect.), the content of their legal basis, which are causing widely disagreement nowadays, and a number of conclusions and recommendations were presented, which are aimed at the complex solution of the mentioned problems.

The relevance of the topic is dictated as well regarded to some gaps about the above mentioned terms in international legal documents and experience. Particularly, a material of research were the following questions: What are the reasons for the provided restrictions? Why are they needed? While, there is not enough reference to the issues, what are the concrete components of such restrictions.

In the framework of the scientific research it was, as possible, completely analyzed the legal basis of the terms, they were combined with the constitutional regulations and was discovered the legal content of each of them, the limits of the application, the features of the legal restrictions, due to the status of the subjects ect.

The research is aimed to solve two problems: a) in case of obvious gaps in legislation regarded to above mentioned terms, to propose possibly acceptable solutions in practice b) to clearly outline the main directions of the domestic law, that are needed to be improved.

Author Biography

Gevorg Danielyan, Yerevan State University

Doctor of Law, Professor, Head of the Chair of History and Theory of State and Law, YSU

References

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Simon Baddeley and Kim James, From political neutrality to political wisdom, Politics (1987)7(2), 30

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(https://www.youtube.com/watch ?v=ppDI12krc8w)

(https://www.azatutyun.am/a/31131307.html )

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Simon Baddeley and Kim James, “From political neutrality to political wisdom, Politics” (1987)7(2), 30, p. 35-36. Richard Y. Schauffler, “Judicial accountability in the US state courts Measuring court performances” Utrecht law Review, published bu igitur,p.112-113, judicial restraint, judicial restraint – Britannica online Encyclopedia

`L'invention de la politique, Flammarion, 1985

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`Simon Baddeley and Kim James, “From political neutrality to political wisdom”, Politics (1987)7(2), 30

"The position and relationship of the judicial authority in a democratic society with other branches of power”, paragraph 52 of the opinion of the Advisory Council of European Judges No. 18 (2015)

"The professional conduct of judges, in particular, ethics, incompatible behavior with the position of judge, principles, and rules for the principles of impartiality”, 30th paragraph 3 (2002) of the opinion of the Advisory Council of European Judges

"The professional conduct of judges, in particular, ethics, incompatible behavior with the position of judge, principles, and rules for the principles of impartiality”, 33 paragraph 3 (2002) of the opinion of the Advisory Council of European Judges.

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Published

2022-12-22

How to Cite

Danielyan, G. (2022). The Right to Engage in Political Activity. Bulletin of Yerevan University C: Jurisprudence, 13(2 (37), 3–18. https://doi.org/10.46991/BYSU:C/2022.13.2.003

Issue

Section

Theory of State and Law