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Реферат Constitutional value of freedom





ticular, the Act about the better providing of freedom of a citizen and about warning of incarcerations beyond the seas fixed the concept of inviolability of the personality, which further strongly came in practice of both England and many other foreign states. The Bill of rights contained guarantees against excessive fines and cruel punishments. The act about further limitation of the crown contained positions, recognizing natural character of rights for people and laws of England, and obligation of execution of these laws by monarchs and observance of the rights. It is necessary to pay special attention to the fact that novelization of legislation on human rights took place in organic unity with development of the political legal theory about human rights. Importance of ideas, contained in the above mentioned laws is taken from the works of prominent thinkers of that epoch -J. Milton, T. Gobs, J. Lock. Foremost these are ideas of freedom, natural rights of a person, origin of the state from the free agreement of people., T. Gobs gave the wide definition of freedom: Freedom, according to the exact meaning of the word, is absence of external obstacles, which quite often can deprive the person of a part of his power to do what he would like, but can not prevent to use the left to the person power that is dictated to him by his judgement and reason [4]. T. Gobs made another definition of individual freedom, - in its correlation with legal orders, - which became the classics of modern constitutionalism: The most freedom of citizens results from silence of the law. Wherein the sovereign prescribed no rules, the citizen is free to do or not to do in obedience to the own discretion [5]. This definition is one of the first legal definitions of individual freedom, as transforms the category of freedom in the plane of legal relationships. That is why it got wide encouragement among public figures and, as a result, it is reflected in many constitutionally-legal acts.for J. Lock, he considered freedom the natural right of a person who is not obliged to submit will and power of another man [6]. Understanding freedom as the human right to dispose of the actions, domains and property within the framework of laws, and not undergoing the despotic power of another man, J. Lock put the freedom of the civil society higher than freedom which political power disposes. According to him association constantly saves sovereignty for its own rescue of attempts and projects of anyone, even the legislators, in those cases, when they appear so foolish or so evil-minded, to create and realized the plots against freedom and property of the citizen [7] .of British liberalism in France were perceived and developed by Montesquieu. He considered that political freedom of a person is not to do what is desirable. In the society, in which the law acts the freedom is to do what should be wanted, and not to be compelled to do what should be wanted (according to the law) [8]. Therefore possessing political freedom according to him supposes the rule of laws, at which the citizen is not afraid of another citizen. According to him freedom meant the right to adhere own opinion on condition that the state should not impose on anybody the position. Montesquieu was one of the first who rigidly tied up the degree of providing of political freedom with the form of the state, foremost with its institutionally -functional organization. If the legislative and executive powers are united in one person or establishment, - the French thinker wrote, - there will be no freedom, because it is possible to fear that the monarch or the senate will begin to create tyrannical laws in order to apply them tyrannically [9]. Otherwise speaking Montesquieu differentiates political freedom, shown in the political system (and realized by means of division and mutual balancing of authorities), and political freedom, realized in sense of confidence of the citizen in own safety.ideas ofT.Gobbs, J.Lock , Montesquieu the same as of other prominent representatives of the European politically-legal idea of ??New time, were perceived by the leaders of the Great French revolution and distinctly showed up in the most prominent document of that epoch - The Declaration of human rights of a person and a citizen (1789). It, in particular, proclaimed: Freedom consists of the possibility to do everything that does not harm another. Thus, realization of natural rights of each person meets those scopes which provide other members of the society enjoying the same rights only. These scopes can be determined solely by the law. A law can prohibit only acts, harmful for the society. However, that is not prohibited by the law, is permitted, and no one can be forced to the action, not ordered by the law [10]. These positions for centuries ahead predetermined the constitutionally-legal regulation of freedom of a person, having rigidly tied it up with interests of society...


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