THE CONSTITUTIONAL LAW IN THE MODERN WORLD: THE MAIN TRENDS AND FORMS OF DEVELOPMENT
In spite of the complex, multiplanned and bulky nature of the constitutional matter (the legal status of a person, electoral and legislative processes, system of bodies and officials of state authorities, municipal power and its structures, territorial structure and etc.), stupendous historical base, the essential influence of the constitutional traditions, doctrines, customs, etc., the constitutional law is the dynamic, mobile phenomenon, which quickly develops, improves under the influence of external and internal processes, happening in modern states.
There are more than two hundred states on our planet, which quite often differ from each other on the level of economic development, social structure of the population, political systems, and nature of spiritual life. Except for group differences each country has elements of unique nature, connected with concrete-historical conditions of life of the people. All these differences, naturally, are reflected in particularities of the constitutional law.modern constitutional law tries to analyze general, special and single in different constitutionally legal systems of the countries of the world, to find such constitutionally legal institutes, which correspond to the universal human values, and other institutes, to determine, as far as it possible, reasons of their originality, to indicate their positive and negative sides, to determine the role in the society.methodological approach aims not only to decision of theoretical tasks, but also has the pragmatic nature: determination of the possibilities and limits of application of this or that constitutionally legal institute in identical or transformation conditions in the other countries.originality, peculiarity, and sometimes cardinal opposition of constitutionally legal institutes of different countries, it is impossible not to take into account the main way of the constitutional development of mankind in the third millennium. Division of states and legal systems of the world, in spite of permanent processes of rising interdependence, is saved and will be saved. Countries and peoples, some of them quicker, others slowly, advance, eventually, to the uniform in their base postindustrial information society though some countries of Tropical Africa and Oceania have not practically set foot on this way.conditions of such society formation division of states is leveled and, in essences, loses its initial importance. Globalization, happening at present, reveals itself in elements, which have long time considered achievement and exclusive prerogative of the socialist ideal, are present in capitalist countries with socially oriented market economy, and elements of capitalist organizations are perceived and are successfully realized in the countries of totalitarian socialism. The majority of the specified processes occupy their place exactly in the constitutional sphere [1] .world trends of the public development, becoming transparent in the constitutional matter, have the manifestation in the permanent processes of globalization and internationalization of the constitutional law. They exist, first of all, in rapprochement of national constitutional law of each democratic country with international public law and consequently the clear border between is disappearing.prospects of development of overnational constitutional law are connected with formation of the regional constitutional law (for instance, the general constitutional law of the European Union, CIS, Union State of the Russian Federation and Republic Belarus), which have features of international, and overstate law, and the further gradual formation of the international constitutional law (development and adoption of the constitutions of Europe, creation of the European Parliament, election of the European Ombudsmen) .given trends are conditioned by activation of information correlation of institutes of the modern society resulting in achievements of the constitutional law of separate countries generalized on the international level and included in acts of the international law - pacts, conventions, etc., which allocate the duty on the countries -participants to implement in their national legislation this or that democratic constitutionally legal institutes (for instance, the determined human rights, recognition of local self management, etc.). many constitutions now it is directly fixed that the universal principles and norms of the international law make the part of the national law (including the constitutional), and in the event of divergence with the norms of the national legislation they have some priorities (France, Germany, Russian Federation, etc.). At the sa...
