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





of the human rights happened for a variety of reasons, on political motives somewhat, as well as under the influence of the humanitarian catastrophe of the World War II and in connection with wreckage of the colonial system. The human rights have become the slogan, under which there was realized fight with totalitarian ideologies and state regimes, against any dictatorship and unlimited violence.this period the human rights particularly dynamic leaving the limits of European space and appear in the legislation and in practice of the countries, dispensed from colonial and other dependence. The human rights accompany the process of decolonization (1945-1960.)., In connection with this trend we should specify institualization of political parties and public associations, conditioned by growth of their role, as well as the necessity of strengthening of legal statehood etc. [5] The given processes aim at more full constitutionally legal regulation of bases of all most important parties of the public relations in their interconnection. The constitution becomes the universal document, which spreads on all specified spheres of the life of the society. By means of application of instruments of the public authorities the constitutional law of practically of all countries installs the system relationship the person - the group - the state - the society .herewith there are exist other tendencies: from the normative sources gradually disappear some types of the rights of the first generation, for instance, the right to resistance on oppression, the right to rebellion, the right of the people to self-determination ie those, which from the standpoint of the government expose to danger the constitutional law and order in the country.states, conducting campaigns of constitualization of rights on the general base, begin to face great difficulties. Borrowing norms from each other, legal structures and technologies, does not guarantee automatic action of rights since it is impossible to carry in new sphere mechanisms of functioning. There has appeared the problem of ensuring rights. And this is a long term process, requiring time and patience, and results of the work are postponed on some prospects. All this causes dissatisfaction and the corresponding critics against the idea of ??human rights as a whole [6] .expansion of the object of constitutionally legal regulation is not only change of the volume. It has the profound side, simultaneously being the process of socialization, politization and ideologization (in organic joint with deideologization) of the constitutional law.between the two world wars gradually, and after World War II more rapidly, especially in the last decennial events, trends of the expansion of the object of the constitutionally legal regulation and socialization and politization extended on the constitutional law not only of the leading states, but in the developing countries as well. Unlike the preceding acts of the constitutional law, the new constitutions even in Saudi Arabia (1992.), the Sultanate Oman (1996.) or United Arabic Emirates (1996.) leave the frames of the proceeding narrow interpretation of the constitutional law. Even in the British doctrine, which is more prone to conservatism and overweening juridization, there appear sociological elements.and statement in the democratic countries of social states has brought about to significant expansion of the constitutional regulation of the major principles of social life and social policy. Therefore one of the manifestations of socialization of the constitutional regulation became enter in its toolbox of the term social state raquo ;. As a rule, the main laws do not contain definitions, connected with such phenomenon, however from the analysis of their positions it follows that the social state is the feature of the modern state, which contents certifies that the state activity should be directed to creation of real standard material well-being, formation, health care etc., provision of such standards for all the citizens (individuals), as well as minimization of actual social inequality with its economic consequences and creating the system of social support (protection) of those who needs it. Hereunder, the notion of the social state is interconnected with accordingly interpreted ideas of social justice and social protection [7] .such joint certifies the fact that practically all researchers link the phenomenon of the social state with the constitutional and internationally legal fixing of social-economic rights, as well as with the practice of their realization. In any event, the specified and other similar definitions of the social state provide realization of effective actions in accordance with contents of one of the main functions of the modern state which is the social function, by means of which, first, there are creative the worthy terms of life for each person, and there is provided the civil peace; secondly...


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