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





to regionalization of the territory or expansion of the existing regional structures. Serious enough changes have occurred, in particular, in modern Great Britain where there take place the processes externally reminding federalization, and the existing status of autonomous units and the character of mutual relations between autonomies and the central authority gives the basis to some authors to consider it as the regionalist state [31]; and in Italy and France where powers of the supreme state bodies have recently been considered decentralized. The example to that are the law of Italy from October 7, 2 001 which has made essential amendments to the Constitution of Italy concerning the questions of authority at different territorial levels, the law on amendments to the Constitution of France from March 28, 2 003 which essentially reforms territorial collectives, etc. So, Article 114 of the Constitutions of Italy now fixes, that municipalities, provinces, big cities (with mother countries), regions are autonomies with own powers (authority) though their legal status is till regulated by the state. Article 72 of the law of France about decentralization provides, that communes (local territorial units), regions, other territorial units with the special status, overseas territories to which according to Article 74 the autonomy is given, are territorial collectives, and it means, that according to the French concept of territorial collective in all of them there should be elected the local representative bodies. Besides all of them have the regional authority, i. e. their acts though are not laws, however can be valid local laws. Change of borders of territorial collectives can be made only after preliminary consultations with the population, and in certain cases - on its consent (on the referendum) [32] .is necessary to pay attention to the fact that artificially cultivated some time ago in Ukraine idea of ??federalism as the original panacea from all political and economic troubles, the most completed form of regionalism and constant condition for self-realization of potential of regions, each territorial unit, each citizen [33], in modern world is developing much more slowly , and recently has appeared more weakened, rather than strengthened. So, LDKarafiello and K.Malfrit though convinced of positive influence of federalism on the processes of transition to democracy, write, that the federalist dialectics keeps polarity, conflict ness and intensity [34]. The American political scientist W.Riker objects, that federalism always serves as the guarantee of democratic freedom. In his opinion, there is no simple causal relationship between federalism and freedom [35]. The modern state of general prosperity, according to German professor considers A.Rainer, does not support the idea of ??federalism, but aspires the equalizing the blessings received by people on the basis of equal participation of each person in affairs of the state and the society. Thus, in his opinion, there is the tendency of rapprochement of federal and regional systems [36] .brightest illustration of this tendency, which can be named quazi federalism, is the gradual transformation in modern time of a number of unitary states into the states of autonomies, the whole or the greater part of whose territory consists of autonomous units. They are quite often called regionalist states which in the certain sense occupy the intermediate place between the unitary and federative states, as a whole not being beyond the limits of unitarism [37]. Such states are Italy, Spain, the South African Republic, and Sri Lanka. But, however, the form of political-territorial structure in Papua New Guinea is not absolutely clear. The Spanish author M.Garsia, the most essential characteristics of such states, considers the presence of features, specific for the federation [38]. In fact, they are not unitary states, but are yet federative.is necessary to note both the tendency of codifications of the constitutional law which is comprised in increase in constitutionally-legal material of remedially-procedural norms and codified acts. In particular it concerns the referendum and selective legislation, the constitutional legal proceedings, rules of functioning of bodies of the government and local self-management in the post Soviet countries: aspiration to pass selective codes, constitutionally-remedial codified acts, municipal codes (Ukraine , Russia, etc.). development of modern information, in particular computer, technologies testifies to presence of tendencies of mathematization of the constitutional law. Penetration into the constitutional life of methods of cybernetics, computer techniques, Internet technologies has opened ample opportunities for the constitutional law. The feature of cybernetics is that it investigates quantitative communications and relations in the processes of management. Exactly through quantitative characteristic...


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