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Реферат Modern constitutionalism and municipal power: conceptual fundamentals and factors of development





o consider it through the prism of mutual relations with the state and the government. The fact is that the question on the relation of territorial collectives (communities, local communities) to the state and forms of their interaction was static zed with the advent of the early states. The mutual relation of local self-management with the state, formation of civilized forms of their interaction, optimum maintenance during realization of the government and local self-management of rights of a person and a citizen, is the indicator of constitutionality of this or that state, and, hence, the major source of formation of constitutionalism. s well-known, that self-management in this or that form has always accompanied existence and functioning of the human civilization. The primitive community is the vivid example of self-management at the beginning of the human history. These processes have found their confirmation and development in ideology and political practice of the periods of slave-owning (cities - policies), feudalism (free cities which lived by the Magdeburg law), bourgeois statehood (city and rural self-management, regional autonomy ), developing not only as imperious establishment, but as professional associations (craft shops, merchant guilds, unions), university self-management (student s brotherhoods, faculties free arts raquo ;, rural nations ), within the framework of church (religious, monastic, parish brotherhoods) and have played the main role in formation of the principle of orienteer - the principle of local self-management, which has incorporated connection of multi level interests (the central and local), account of versatile interests of individuals (territorial collective) and their relationship with the interests of the whole state [4] .the advent of the state the role of territorial collectives in the social system has constantly varied. If till the moment of advent of the state all the functions of ability of activity of a society were provided with the internal opportunities of territorial collectives, with its formation of functions of local communities (or their part) were taken (sometimes violently seized) by the state. Thus, the territorial collective, being a part of the society as the social system and barrier of its interests, at interaction with the state partly represents these interests, that is the interests of the society as a whole.major content of historical process of development of local self-management has become the search of stable equilibrium between the territorial collective and the state. According to historical experience the majority of the states possess the steady tendency to restriction of independence of territorial collectives, reducing the interest to common actions from accomplishment of the territory. In fact, it means, that the local community ceases to be the capable organism as loses the most important attribute - presence of the interest in decision of the questions of own life-support. Finally, territorial collectives turn to communities with amorphous political, social - psychological, territorial, economic borders (in fact - In part of the population of the country) who have no own (realized) collective interests on maintenance of ability to live, and thereof- lose any motivation for interaction and cooperation in this occasion with other subjects, including the state.of the population from participation in management of the state and public affairs was brightly shown with putsch in the USSR in 1990. The people did not stand on protection of the Soviet representative system. It is known, that the form of realization of the power can exist for a long time only under the condition that the people recognize it and protect it. The people are capable to protect the power which belongs to the people. The Soviet political system has played the significant role in alienation of people from any power. For 70 years of its existence the population have accustomed to obey, but not to solve affairs. It has led to formation of the steady syndrome of consumer behaviour, indifference and passivity which are brightly shown in modern conditions. Besides loss of social connections and traditional values, disorientation of the population in constantly changeable world on the background of antagonism of different forces on the political arena, significant decrease in the standard of living of the population could not but affect the activity of the population in the deciding of local questions and their participation in political processes [5] .is necessary to note, that paternalist care of the state in relation to the population of each settlement during the Soviet power has not at all generated at sensation of the protest against domination of the state, but vice visa. The people have got used that all the questions of their social and financial non support can be the responsibility of the state. Thus, the problematical character ...


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