Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » New democratic constitutionalism in Ukraine: problems of development

Реферат New democratic constitutionalism in Ukraine: problems of development





ional ideas. There are a lot of them, and therefore we shall try to specify the most important. First, the constitutionalism exists when the main attention is paid not to the text of the constitution (even full of the most democratic institutes), and to deep respect of connection of the state and society with the law and the constitution. Second, the constitutionalism comprises introduction in public consciousness and every-day life of people of an idea of ??high authority of the human person, respect of its honour and dignity. Third, the constitutionalism means conscious and real participation of people in realization of functions of the power; not simple presence of the certain state organs (the parliament, the president, the government), but, mainly, the democratic order of their formation, mutual relations between them, general subordination to interests of people, etc. Fourth, the constitutionalism is the presence of procedural mechanisms of protection of rights and freedoms of the citizens from activity of the organs of the government and of the organs of local self-management; it is also creation and participation in public affairs of public associations. Fifth, the constitutionalism is the public consciousness based on conviction in necessity and benefit of institutes of authority and laws which allow the citizens to realize their opportunities in achievement of social justice and protection of the proved interests with the help of their actions and the corresponding steps of authority based on the norms of the law [11]. precondition of the constitutionalism as it has already been mentioned is presence of the statutory-legal basis. In this connection in conditions of the Ukrainian society it is necessary to speak about sociopolitical value and utility of the official text of the current Constitution of Ukraine of 1996, as the legal interpretation of new political, economic and spiritual realities [12]. It is difficult to provide realization of the above mentioned constitutional ideas if instead of the uniform text there exist isolated decisions. The uniform text of the Constitution of Ukraine has systematic value for the society and state, it is the huge political-organizing and social factor. of the constitution means the termination of one and the beginning of the next stage of sociopolitical history of the country. But not always the new constitution, even rather democratic, leads to formation of democratic constitutionalism. And changes of the constitution do not result automatically in development of the constitutionalism. As for the constitutionalism it is more important the political mode of the state than the text of the constitution. other words, the important component of the constitutionalism is presence of the certain political mode adequate to the constitution. We mean that it is necessary to have both the democratic constitution, and the political mode logically conditioned by its regulations: there can not be a skew at which the constitution is democratic according to its text, and the real life and the political mode do not correspond to it - as it was, for example, in the Soviet, and in part in present in the postSoviet times. , From the point of view of the constitutionalism - the constitution is the supreme law, instead of the simply program document, and therefore any actions of the state should correspond to it and realize in the limits of the constitutional restrictions. high-grade functioning, the constitution should correspond to actual public relations. And this problem is constant: the real life always seems worse, than it is in theory and is written in the constitution. Each country tries to solve this problem; and Ukraine is not exception. In fact the constitution is the ideal to which the society aspires. The main thing is in desire and the ways of approaching of this ideal. constitutionalism provides the certain stability of constitutionally-legal institutes. Stability as one of the basic features of the constitution is the duration of its action without entering important changes. Stability of the constitution is based on firmness of the social and constitutional order in which conditions it is adopted and which order it makes out. the same time, it is impossible to avoid modification in the constitution. The global experience specifies that it is the way in which all states at any systems have to pass it through. However, the dynamic beginning in the constitutional regulation can promote that the constitution should not be only the law in writing, but the act of direct action. It is necessary to realize, that the constitutional dynamics if it is caused by real, instead of virtual raquo ;, needs of the social life, helps to put in pawn stability in the constitutional regulation that is to provide its further action without changes. , Everything should be taken into account. If changes in the constitution are made often, that is ...


Назад | сторінка 3 з 9 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: Role of resolutions of the constitutional court of the Russian Federation i ...
  • Реферат на тему: Pylyp Orlyk and his constitution
  • Реферат на тему: The Constitution of Russian Federation
  • Реферат на тему: The constitution the Kazakhstan and Czech Republic
  • Реферат на тему: Modern constitutionalism and the state Israel