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Реферат To the question about understanding of the system of the sciences of modern constitutional law





ts this part should be subdivided into sections. In his opinion, the bodies, by means of which sovereignty shows up and acts on people is the essence of place and power. Places are legal bodies, establishments, presences; authorities are physical bodies - officials, acting both separately and bureaucratically or in composition of presences - collectively. The third department of the Russian constitutional law, as AV Romanovich-Slavatinskiy asserted, consists of those legalizations which determine position in the state, rights and duties, participating in management of different classes of people, historically disintegrating in estates and states [2]. great scientist-constitutionalist N.M. Korkunov offered the system of science of constitutional law, based on the construction of the state as the legal relation in which the subjects are all participants of state intercourse, and the object is the State power. Proceeding from this, he divided the system of science of constitutional law into two parts - general and special. General part was subdivided by him into four basic sections: 1) general description of the political system; 2) studies about the subjects of state relation - monarch and citizens; 3) study about the object - about power, its functions and bodies; 4) studies about contents of state relation - about rights and duties of monarch and citizens. The special part, in his opinion, included four sections: 1) the supreme management (including the functions of legislation); 2) inferior management (the sphere of sublawful management and activity of inferior bodies); 3) self- management (sphere of inferior management, standing for interests of local association); 4) providing of management legality (as the special activity of State power). Commenting division and contents of the special part, NM Korkunov specified that it comprises private displays of State power, bodies through which it is accomplished, her, rights duties, concerning their origin [3]. idea of ??division of science of constitutional law into general and special was specified by other scientists. So, some pre-revolution scientists selected science of general constitutional law and science of the special constitutional law. First, according to A.S. Alekseev, cognized legal principles on which state life of cultural peoples reposes. The special constitutional law studied the positive constitutional law of the people [4]. Thus, according to M.M. Kovalevskiy, the general constitutional law was oriented to the foreign states, in which the constitutional system was set and there was developed the constitutional law, characterized by division of authorities, democracy and system of representative office [5]. The second was formalized in science of the Russian constitutional law. to N.E. Lazarevskiy, the state is the complex system of legal relations, composing the population in one organized unity which is sovereign and so that its organization is based on own laws, he assumed that constitutional law from all relations deals only with those, which arise up at persons, forming political organization (government) of the state, between itself and at all the population in its relationship with the government and its separate bodies [6]. the opinion of modern scientists-constitutionalists, LE Lazarevskiy could introduce in the studies material about the constitutional state, considering questions about the forms of rule, historical pre-conditions of the constitutional system, to which he related division of authorities, people s sovereignty, and people s representative office. According to N.A. Bogdanov, L.E. Lazarevskiy built the system of constitutional law. In it, besides section, devoted to the constitutional state, he selected the followings parts: state unity (problems of centralization of power and autonomy); chapter of the state; people s representative office (including the right to vote); parliament; legislation (laws and the process of legislation); the supreme bodies of management (including questions about participating of parliament in affairs of management) [7]. , We see that the variants of the system of science of constitutional law, specified in the pre-revolution science, are very various. It is conditioned, foremost, by the fact that in part of normative basis, because of absence in the Russian empire of the constitution, it actually did not have valuable guide line (except for the Statute-book). On one hand, it may have hampered development of science, on the other hand other - it allowed to develop the theory, not restrained by any normative scopes and limitations. Therefore such institutes as federalism, constitutionalism, parlamentarizm, the right to vote got the fundamental objective estimation in the works of pre-revolutionary scientists, which frequently were less developed in those states, where they appeared. Thus, maintenance of the given institutes was less politized exactly...


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