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Реферат Constitutional value of freedom





ption of God, it is ability of creation of the world from nothing, sent by good will. The person as the appearance and similarity of God in certain limits is provided with this ability. Interpretation of freedom in Christian medieval philosophy was fundamental for understanding of a person, his activity, mutual relations with God, people, nature. Love God and do whatever you like is the position of Augustine Beatific in a great deal was determining for the subsequent discussion of the problem of freedom. In spite of narrowness of conceptual approaches to the comprehension of freedom of a person, conditioned by hard scopes of Christian dogmas, the medieval politically legal idea served the powerful shove of development of the given problem, as it first paid attention to the separately taken person , having specified him from the general mass, saw the certain self value in him; it created substantial pre-conditions for liberalism and other materialistic conceptions of New time, developing with decomposition of scholastics.the conditions of sharp struggle between estates and the royal power, between enslaved and their enslavers the society more and more required limitation of tyranny of authorities at all levels: from national to local. The sanction of the problems and contradictions in this sphere gradually relocated in the sphere of jurisprudence that appears fully appropriate, taking into consideration the developing at the same time renaissance of ancient legal thought. The palm of championship in juridization of freedom of a person in all its displays legally belongs to England which is traditionally considered the motherland of modern constitutionalism. Thus it should be noted that the theory of basic rights and freedoms of a person and a citizen was initially intertwined in the general canvas of politically-legal transformations, becoming one of the bases of constitutionalism.brightest feature of juridization of liberty ideas was the adoption in 1215 of the great Charter of liberties (Magna Charta), which became the head stone of English freedom. The document read about granting of all free people of the Kingdom with different liberties (the prototype of modern basic freedoms), the idea of ??shielding a man from tyranny of officials, from any arbitrary extortions and fines is traced. The charter fixed the major politically legal ideas, directly touching the ideas of the time of freedom and justice, in particular recognition guilty only on the verdict of court and law, the right to free departure outside the Kingdom and returning, recognized the right to revolt with the community of the whole land, if the King does not observe the peace and liberties. The ideas, incorporated in this legal act, passed ahead time, they could not be fully realized at that period and afterwards were violated by many rulers. However, according to A.Ya. Azarov, it was the border document which signified the turn of the state and public idea in England [2] .XIV-XVI centuries the revolutionary changes in the sphere of rights and freedoms of a person became weaker, that had been largely conditioned by geopolitical transformations in Europe; at that time attention of both leading representatives of politically-legal idea and wide circles of public was more concentrated on the questions of the sovereignty, institutional and political and territorial organization of the state power, more than on the legal position of the separately taken personality. Vividly speaking, at that time the problem of freedom of the state prevailed above the problem of freedom of an individual. According to one of the most authoritative historians of the 20th century GL Goff the medieval person saw no sense in freedom in its modern understanding. For him freedom was the privilege, and this word was more frequently used in plural. Without community there was no freedom. It could be realized only in the state of dependence, in which the higher guaranteed lower respect of his rights. The free person is the person having the mighty promoter [3] .in the 17th century the situation changed radically. The transition from patrimonial to the national state objectively actualized the problem of the individual as the creator of politically legal history, as active participant of state transformations. The answer to the calls of the community development of that time was a number of fundamental politically legal documents and freedoms of a person. And again England was in the forefront of reforms.the history of England 17-18th centuries the most meaningful documents about rights of a person were the Petition of rights (+1628), The Act about the better providing of freedom of a citizen and about warning of incarcerations beyond the seas (1 679), The Bill of rights є (1689), The Act about arrangement (1701), The Act about further limitation of the crown and the better providing of rights and liberties of a citizen (+1701) and others. In par...


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