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Реферат Modern constitutionalism and the state Israel


















Abstract workCONSTITUTIONALISM AND THE STATE ISRAEL



The constitution, by the definition of K. Marx, the famous philosopher of the XIXth century, is the fundamental law of the state, and the major parameter of essence of the state. There are no disagreements that the Constitution characterizes the mode of the country and determines the essence, purposes and achievements of the society, mode and the state. The constitution is a set of the key rules according to which the country is governed. These rules express the main principles and values ??of the country. The constitution as the fundamental law, expresses will of the power; and there is no guarantee, that the Constitution will protect the worthy purposes; that the principles of democracy, freedom of speech and human rights of a person and a citizen are not always the overall objective of the Constitution. Application of the Constitution in the country is considered a sufficient condition for realization of rights and freedoms of the citizens, but it does not always work. It is possible to note, that in the countries where there is no democracy, the Constitution does not create democracy, but serves the regimes of the given countries. It is necessary to specify that it is insufficiently to write in the Constitution protection of democracy or something similar as without the mechanism of protection of democracy and without the precise definition of elements of protection of democracy there exists no actual value of the Constitution. The Constitution shall have the supreme value over all the laws of the country and consequently all the laws should correspond to the principles of the Constitution. The constitution, as a rule comprises: the fundamentals of the constitutional system, the principle of division of powers, principles of the organization and activity of the organs of government and management, their competence and functions, mutual relations and connection with the citizens.major and real purpose of the modern Constitution is to provide observance and protection of human rights of a person and a citizen.constitution shall protect, in particular, the weak and the minorities, and absence of these rights in the Constitution deprives the later of the very important protection which they need. Undoubtedly the worker is the weak side in the labour contract and needs protection.constitution shall be higher authority and organs of the power. Principles of protection of rights in the Constitution shall limit authority. The role of the state in this respect are dual. On the one hand, the state is obliged not to break without lawful grounds the following rights of a person and a citizen: freedom of movement, freedom of worship, freedom of belief, freedom of expression of opinions, protected by the Constitution. On the other hand - the state shall take necessary measures, and act to protect rights of a person to life, security, dignity and to guarantee inhabitants and citizens of the country normal conditions of life and the opportunity of reception of the public blessings.modern world the Constitution simultaneously serves to protection of political, and personal human rights in the society.in fact it often happens, that the Constitution becomes the means for strengthening of reactionary antidemocratic oppressing regimes.example, Constitutions in the majority of the Arabian antidemocratic countries do not only provide their citizens with political rights, the freedom to criticize the state and to be in opposition to the regime, but strengthen the totalitarian yoke, deprive a person of the elementary rights and freedoms (freedom of speech, inviolability of private life). It is necessary to recollect, that the Syrian Constitution has been changed within five minutes in order to allow to elect Bashar Asad - the son of the president, as the president of the country after his father's death [1] .words about democracy without the mechanism for its protection will never transform dictatorship into democracy. Even in the monarchic country - Saudi Arabia in which elementary human rights of a person and a woman are absent, the Constitution exists, but the given Constitution exists, first of all, for strengthening of the power of monarchic family.state of Israel was created in 1 948 as the democratic state. In the Declaration of Independence of Israel [2] there has been marked unequivocally specifies, that the major purpose of the state of Israel is democracy, and it is written precisely and clearly, that the state of Israel will have the Constitution. There has even been created the board for formation of the project of the Constitution till October 1, 1948. However, till present there is no Constitution in Israel.the 58 years of existence of Israel there have been iss...


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