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Реферат The constitutional law in the modern world: the main trends and forms of development





me time some states proclaim the principles of equal position of norms of the international agreement and national law (Poland, Belgium, Switzerland) or the priority of the national law before the norms of the international agreements (Norway, Denmark, Ukraine). more manifestation of internationalization of the constitutions and constitutional law as a whole is expansion of the number of overnational legal acts as a result of regional rapprochement of a number of states. These are some acts of bodies of the European Union, which have the direct action on the territory of the countries-participants (for instance, the act, which regulates the order of carrying out elections to the European Parliament) .problems of globalization of the modern constitutional law are closely connected and, in significant measure, are determined by the growth of the role of human rights in coordinate system the international community - the national state - individuals raquo ;. Since 1970s the human rights have gradually started to gain the global features which have become the reflection of the known standardization of vital and social needs of the people. The increasing similarity of conditions of life, forming general economic, information, cultural space, internationalization and transnationalization link the individuals with the system of greater scale. Internationalization, in the opinion of experts, has entered its terminating stage. The world becomes united not only from the philosophical point of view, but in reality [2] .occurs change of civilization paradigm of the development, the planetary life is becoming interdependent, the world aim. The world community has closely come to appearance of the new phenomenon - the worldwide civilization, covering all mankind. The human rights, being the reflection and active lever of these processes, have altered the following level of its development - the level of globalization. They demonstrate their sufficient maturity for participation in problems of global harmonization [3] of the world that, undoubtedly, finds its reflection in the constitutional law., For the states of the end of the 20th century and the beginning of the 21st century is typical the progress in the sphere of internationalization of relations. At present open statehood is inseparable in the process of globalization and reveals itself in the longing of states to take part in the general international activity, to join international trade agreements and organization such as World Trade Organization, strictly follow the norms of the international law and etc. Integration of many states as the especial form of international relations is the leading stage of internationalization of the constitutional law. The ability to go on essential narrowing the external sovereignty for the sake of European integration is inseparable from deep realization that political, economic and cultural progress goes closely with the international cooperation and that transfer of the internal affairs on international or over international level is now the necessary contribution in the strengthening of international cooperation [4] .new wave of the constitutional development testifies to the fact that there has occurred the principle on its importance expansion of the object of the constitutionally legal regulation. If earlier the constitutions were mainly limited by the questions of organizations of state authorities and relations of authorities and a personality, at present actually all modern constitutions comprise positions, relating to the sphere of functioning of the subjects of the civil society, economy, social relations , political system, fundamentals of spiritual life in the society., the constitutions mainly declaimed the civil and political rights, and from economic rights - mainly the right to property. At present the catalogue of the constitutional rights and freedoms is renewed with social, economic, cultural and ecological rights. There appear the constitutional rights and freedoms of the separate categories of the citizens - businessmen, employers. The constitutions, adopted after World War II in democratic countries, give the considerable and significant place to regulation of the social relations.is noted active law making in the sphere of rights and freedoms all over the world, the national systems realize searching for the optimum models, address to international practice person, and exchange their own experience. The human rights occupy their place in the first articles of the constitutions and even sections of the constitutions. So, practically one third from the general volume of articles of the Constitution of Italy of 1947., Constitution of Spain of 1978., Constitution of Ukraine of 1996., Constitution of the Venezuela of тисячі дев'ятсот дев'яносто дев'ять concern the human rights moreover the catalogue of the later leaves the limits of their classical list.international development...


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