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Реферат Constitutional stipulation of freedom of a person





about application of the best samples of West-European (and first of all - German) constitutionalism. In this case we should draw special attention to the Constitution of the German Empire (the Weimar constitution) from August 11, 1919. Part Two of the given constitution, fixing the fundamental rights and duties of the Germans, left far beyond the list of the subjective public rights [100]. There has been fixed the right to the freedom of movement down to opportunity to emigrate abroad (Articles 111-112), inviolability of the freedom of the person (Article 114), inviolability of the dwelling (Article 115), secret of correspondence (Article 117), freedom of expression of opinions (Article 118), freedom of assemblies (Article 123), freedom of the unions (Article 124 ), freedom of petitions (Article 126). The novels of the Weimar constitution became the declaration of the freedom of elections (Article 125), the right of communities to self-management (Article 127) and the freedom of occupation of public posts (Article 128). Thus, the freedom from especially personal sphere has been transferred to the political sphere, on all levels of public management.a matter of fact, the Mexican (1917), the German (1919) and the Soviet (1936) constitutions almost for half of the century have become the sample of the constitutional stipulation of the freedom of the person and warranting of its all-around development. Exactly these documents contained the widest list of the rights and freedoms of the person, put in the basis of the General declaration of human rights of 1948 the International pacts about human rights of 1966, and of the overwhelming majority of post-war constitutions ( the so-called constitutions of the third generation) .the same time, the second half of XX century has marked the new sides of the freedom of the person. On the one hand, there is fixed the freedom of not only separate person or the group of persons (class, corporation), but about the freedom of the whole people. In the constitutions of the separate states and in international-legal acts there is more and more mentioned the right of people to freedom and self-determination, to peaceful co-existence and development. On the other hand, the increasing attention of the world community to the freedom of the so-called small groups is observed: various sorts of minorities (national, language, sexual), socially vulnerable groups of the population (aged, invalids, lonely mothers , large families, etc.). The aspiration to provide freedom of each separately taken person in view of the own, unique needs and interests is more and more traced. Besides on the boundary of the XX and XXI centuries the processes of globalization and the newest discoveries have compelled the scientists and politicians once again to reconsider their views on essence and displays of the freedom of the person. More and more often they speak about the necessity of recognition for the person of such rights, as the right to corporal and genetic originality and connected with it interdiction to cloning and genetic updating of the person, the right to internal (spiritually-psychological) freedom and connected with it interdiction of psychological experiments on the person, etc.the given conditions there is often applied the thesis about unshakably extending limits of the freedom in the modern world, in our opinion, requires at least specification. The freedom of the person is not constantly extending galaxy; with development of the society needs of the person are complicated and supplemented with new sides, change of these needs is reflected in the legal matter in the form of new claims to the society, including in the form of new displays of the freedom. There is shown more and more full and all-round connection of the freedom of the person with the problem of development, with development of economic, moral, political, with development of both the separate person, and the whole society. The spiritual and moral value of the freedom for the society is becoming more and more clear. However together with occurrence of the new aspects of the freedom there objectively appear its new restrictions, called to protect the associates and the whole society from abusing the freedom. This is dialectics of the social development as a whole and the sphere of the freedom of the person is not the exception. In particular, the state is compelled to pay the significant attention to harmonization of privatism, solidarism, egalitarism. The task of the constitutionally legal theory and practice in the given conditions is to reveal operatively the happening changes and to react to them adequately, stimulating the displays of the freedom which are positive for development of the society (valid freedom), and stopping those containing the threat to existence of the society (imaginary freedom) and leading to its degradation.

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