rotected by the Supreme Court of Validity.Israeli society suffers, in my opinion, the chronic illness which is called continuation of occupation by Israel of the Western coast of the river of Jordan and practical authority of Israel over the destinies of a million and a half of inhabitants of sector Gaza raquo ;. The difficult political situation and every day infringements of the fundamental rights of a person make the Israeli Supreme Court of Validity to discuss continuously various applications on infringement of human rights of the Palestinians on the occupied territories.is not a secret, that the most important problem for modern constitutionalism is the war against aggressive international terror. This war subjects to great danger achievement of democracy. Undoable, any country can not be reconciled with terroristic attacks on its territory., In spite of the fact that terror is very aggressive, it is necessary to respect the constitutional principles and not to allow the authority to commit collective punishments. Proceeding from this, the global democratic public opinion can not agree with President Bush who has made the anticonstitutional decision and has allowed authorities to listen to telephone conversations of any person at their discretion.last, it is necessary to recollect, that the constitutional principles adopted in the democratic countries, are the supreme value, and it is impossible to recede from it.believe, that antiterrorist struggle will not deprive European peoples of the achieved gains of democracy in the sphere of rights and freedoms of a person.
MAKING IN THE SUBJECTS OF THE RUSSIAN FEDERATION WITHIN THE FRAMEWORK OF IDEAS OF CONSTITUTIONALISM
constitution protection human citizen
The legal mode of constitutionalism assumes supremacy of the law (fixed in the formal-legal regulations in the Constitution of the state) in all the spheres of public and political life [1]., the content of constitutionalism is made of the two main principles., it is the supremacy of the law considered as the social phenomenon conditioned by the priority of human rights and acting as the substantial attribute of constitutionalism., guarantee of the mutual responsibility of the individual and the state. Thus, the major thing is the recognition of that fact, that the organs of the government, officials - representatives of the government, and, so far as they act on behalf of the state, on the ground and in performance of the law, they should bear equal with all members of the community legal responsibility according to the democratic principles of equality of all under the law and court, inevitability of responsibility at presence of fault. The specified principle is considered the determining parameter of the reality of constitutionalism.the modern doctrine there exist different approaches in knowledge of essence and contents of constitutionalism. One of them is shown in comprehension of constitutionalism as the process of political-legal creativity. Thus, the constitutionalism is analyzed through the processes connected with law-making, and the major attention is given to the problem of parity of the universal values ??with requirements of the state expediency.as the sociopolitical system assumes unity in the fundamental normative-legal act (Constitution) of moral and legal criteria (supremacy of the law and its moral - legal nature, parity of objective and subjective right, mutual obligations of the state and the person) .such understanding constitutionalism acts as the universal social regulator which distributes the influence on any public relations requiring legal regulation. Thus, we can specify actually legal aspect of constitutionalism, its ability not only to declare these or that valid postulates, but to guarantee their realization in practice, to use the mechanism of government as the guarantor.a modern science there has been formed the direction based on theoretic-legal research of the phenomenon constitutionalism which allows to integrate the existing approaches and to formulate the general definition of constitutionalism as the specific political-legal phenomenon comprising including the ideological doctrine, current legislation and legal practice as the structural elements. [2] .idea of ??constitutionalism as the principle of management can be perceived only by democratic societies., Its preconditions is the understanding, that the statehood has appeared, as objectively necessary form of organization of people, and it should carry out these primary functions- to create conditions for normal activity of the people.constant opposition of the power and the citizens is unusual for the lawful state as the concept of opposition can not lead to positive results. The law should serve as the means of overcoming disagreements.the state has uncountable opportunities to show the will above the person i...
