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Реферат The constitutional law in the modern world: basic directions and forms of development





stitutions of the Scandinavian countries, for example, have put the parliament on the first place in the system of bodies of the government. They have received unlimited legislative powers, the wide right of control over activity of executive authority, there has been entered the principle of the political responsibility of the government before the parliament, there have been shown to minimum the rights of the head of the state in favour of the parliament and the government.procession of principles of subcidiarity, regionalization and decentralization, happened after the World War II in Europe and the USA, generated the tendency municipalization the constitutional life and the constitutional law. In the world there increases the comprehension of that the excessive centralism does not change the state, but leads to strengthening of functional inability of the state authorities. Local self-management, regionalization and decentralization are becoming now the leading principles of the European policy and constitutionally-legal regulation. So, the basic orientation of the principle of subcidiarity in the XX century comprised in overcoming fascist and socialist tendencies, protection of autonomy of the person and rights to self-management of local political units. Subcidiarity of organization of authority was opposed to tendencies in direction of the authoritative centralized state.was considered the precondition of the system which is based on the freedom: the state which adheres to the principle of subcidiarity, guarantees of the citizens freedom and independence; it guarantees local and regional self-management. Protection of freedom through realization of the principle of subcidiarity is at present proclaimed as one of the traditional values ??of the European political system (the European Charter of local self-management of 1985, the project of the European Charter of regional self-management of тисяча дев'ятсот дев'яносто сім ), on the one hand, recognition and warranting of the wide catalogue of the rights of territorial collectives in the democratic countries creates conditions for formation in them of the model of the so-called the municipal state, and, on the other, - the developed local self-management is considered as the starting tool of the process of euro integration.of the constitutional life and constitutional law, first of all, has the output on the local level, mentions all processes of transformation and updating of authority in conditions of democratization of the state and the society. Properties of authority in such conditions are, first, its humanization, caused as the recognition by the independent subject of imperious relations of the citizen of the state, and presence of special subjects - territorial collectives., Diversification of authorities, recognition of the local self-management as equal partner of the government, transfers the public authority mainly in the sphere of the private law, sphere of functioning of individuals - inhabitants of the certain territories and their associations which mainly is free from the state-legal regulation, into the sphere of independent space, considering, that exactly in this sphere the possible free display and realization of interests, both territorial collectives, and its members - inhabitants of the certain territories, that is within the limits of the civil society., the municipal authority finds the legal regulation within the limits of the constitutional law which though is the classical branch of the public law, however under its multivector influence is exposed to essential privatization in conditions of democratic changes. At the same time, the municipal authority does not leave completely the sphere of publicity, and its subjects of regulation (including constitutionally-legal) become ostensibly adjacent, penetrated with private-legal beginnings [29] .tendency of privatization of the constitutional law is the consequence {of one of the major features of local self-management which is closely connected with the natural right, and leads to permanent retraction in the orbit of the constitutionally-legal regulation of private-legal positions as the normative principles of the public law. In the basis of this process there is the recognition of supremacy of human values ??and private interests above all others, including public.for municipalization of the constitutional law, it is necessary to pay attention to regionalization which, for example, has become dominating feature in modern Europe. Movement for regionalism amplifies both in the European Union, and beyond its borders. It strengthens confidence, that powers of the European Union, the state-members of the Union and regions mutually supplement each other. In this connection, for example, the assembly of the European regions in 1996 there was proclaimed the Declaration about regionalism [30] .is necessary to note, that the modern states show sufficient aspiration...


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