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Реферат Constitutional value of freedom





, on the one hand, and with rights for surrounding persons, on the other hand.influence of these or those representatives of political legal idea on ideology and constitutionally-legal acts of the Great French revolution, it is impossible to go round attention creation of apologist of the idea of ??people s sovereignty.-JJ Rousseau. According to him freedom is participation in affairs of community, in appointment of rulers, due to whom the citizens would consider that they submit only to themselves. According to J.J. Rousseau It is necessary to distinguish firmly natural freedom which is limited only by forces of an individual, from civil freedom limited by general will.- If to examine, what is the best blessing for all, which must be the purpose of each system of legislation, we will find that blessing is taken to two major things: to freedom and to equality; because each private dependence is tantamount to taking from the state organism of some force; to equality - because freedom can not exist without equality [11]. From the times of the Great French revolution, due to the ideas of JJ Rousseau, freedom as the certain constitutionally-legal value began to be traditionally examined in indissoluble connection with equality, showing up in the requirement of equal freedom for all .the evolution of politically-legal points of view about freedom of a person and their fixing in constitutional acts, it is necessary to recognized that priority in this sphere, undoubtedly, belongs to the European countries. However it would be a serious error to bind the libertatious tradition exceptionally to Europe. The considerable contribution to development of legislation about freedoms and rights of a person was brought in by the United States of America. These former Britain colonies together with their own independence adopted at their mother country the palm of championship in the legal fixing and protection of freedom of a person in all its displays. The major North-American politically legal documents in this sphere are the First colonial charter, adopted in Virginia in 1601, the Massachusetts bill of freedoms of одна тисяча шістсот сорок одна and Charter of Pennsylvania. In +1776 J. Maison writes the Declaration of rights for Virginia, in which there are declared freedom, independence and equality of all people of the state, the right to property. Undoubtedly, the prominent historical document, developing the ideas of freedom and inalienable human rights and people, is The Declaration of independence, written by T. Jefferson, adopted unanimously by the thirteen United States and ratified in 1776. It incarnated the beginnings of freedom of a person, its autonomy, and established that rights are subjected to protection from any encroachments of the state. The idea of ??freedom, human rights in unity with the principles of division of powers and federalism makes its basic postulates [12]. It is necessary to note that many leaders of the war of independence of the USA after its successful completion moved to Europe, first of all to France undergoing revolution; together with them those libertatious ideals which the former Britain colonies fought for returned on the historical motherland. And that is why the French Declaration on rights of a person and a citizen from 1 789 contains elements of colonial charters, of the Declarations of independence and many other politically-legal documents of the North-American revolution.triumph of constitutionalism in the USA, France , Great Britain and the following in the 19th century triumphal procession of constitutions over Europe appropriately entailed the rooting of the principle of freedom of a person as one of basic principles of any civilized state. At the same time, already on the early stages of constitutionalism there took place breaking up of the concept of freedom into two aspects: freedom (English liberty) as the fundamental, abstract principle, reflecting the status of a person in the society and the state , and freedom (English freedom) as the concrete measure of his possible conduct. The classic of the British liberalism J. St. Mill was one of the first to pay attention to duality of freedom, and on the break of 19-20 centuries this phenomenon was expressly described by the German statesman Ellinek: Existence of limitations, being especially painful for an individual, historically stipulated the requirement of recognition of the certain rights for freedom. At the nearest consideration, however, it is not difficult to convince that we deal not with separate rights, but only with especially recognized directions of individual freedom which in itself is unique and means the state of the individual free from intervention of the state [13 ]. Unfortunately, in the Russian language, unlike the English language, the both aspects of freedom have the identical name, that brings in the element of vagueness and additional complication for the law enforc...


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