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Реферат Constitutional stipulation of freedom of a person





n which there is guaranteed the freedom of a person, live, honour and property (Article IV: That no person in this government shall be endamaged in respect of Life, Limb, Liberty, Good name or Estate ). Besides in this document there is guaranteed the freedom of belief and conscience, the freedom of the cult. In conclusion there is made the statement that these inalienable human rights can not be cancelled by any human legislation. However, there still no that strict formulation of the subjective right which a century later appeared in declarations of human rights of the new-English colonies which have disappeared from England under the influence of such teachers of the natural right as M. Heil, J. Lock, S. Puffendorf and U. Blekston.specific is the constitution of Virginia from June 12, +1776 to which there is sent the so-called Bill of rights - the original analogue of the declaration of human rights. In the first article of this Declaration there is precisely proclaimed the natural nature of human rights: All people by the nature are equally free and independent and possess the certain congenital rights of which they - at the introduction into the public condition - can not deprive of themselves or their descendants by any agreement, namely the right to life and freedom by means of purchase and possession of the property, the right to aspiration to fortunately both safety and their purchase [64] .above-mentioned document has put the beginning the constitutional fixing of the rights and freedoms in the new state of the American continent. After next to it on July 4t, 1 776 there was adopted the Declaration of independence of the USA which proclaimed formation of the new state, and also fixed some rights and freedoms, proceeding from their natural origin: We believe axiomatic those trues, that all people are created equal, that they are allocated by their Creator with the certain inalienable rights, that are the life, freedom and aspiration to fortunate, that for maintenance of these rights among the people the states scooping the reasonable powers in the consent are operated [65] are established.Lincoln notes about the Declaration more than half a century later after its, those who signed it, simply wished to declare the rights that they could be realized as soon as circumstances allow. They wished to determine the standard of principles of the free society which would be familiar to all and would be esteemed by all, on which all would be equaled, for which all would struggle and try to come nearer to them, however, never, reaching them, and by that constantly expanding and deepening their value, introducing even greater happiness and value during in life of the people of any color of skin in any place .the Constitution of Virginia and the Declaration of independence in the same direction there were developed the constitutions of Pennsylvania (September 28, 1776), Maryland (November 11, 1776), Northern Carolina (December 18, 1776), Vermont (July 8, 1777), Massachusetts (March 2, 1780) and New-Hampshire (1783). 1786 the Assembly of Virginia adopted the Statute about establishment of the religious freedom which began with the words: To the full understanding, that the Almighty Lord has created reason of the person free ... laquo ;, and came to the end with the caution: any restriction of the freedom of worship should be considered as infringement of natural human rights [66] .adopted in 1787 the Constitution of the USA opened a new mark in development of the American rights and freedoms. From the analysis of the Constitution of the USA it is possible to draw the conclusion, that it contains a number of concrete interdictions against infringement of rights and freedoms of citizens. For example, speaking about the legislative branch of authority, Article I forbids stay of action of privileges of order of Habeas corpus, and also adoption of bills about disgrace and the laws having return force. Article III about the judicial branch of authority provides that all criminal cases are considered by the jury, and also establishes the necessity of presence of strict rules of proofs at condemnation for high treason. Article IV guarantees, that citizens of each state are given privileges and privileges of citizens of other states laquo ;, and Article VI forbids application of check of religiousness as a condition for occupation of state posts [67]., as a whole the above-stated list of the constitutional positions hardly represents єру universal charter of the rights and freedoms. Having proclaimed many important democratic principles and guarantees of єру rights and freedoms, the Constitution of the USA at that time did not reproduce some basic ideas of the Declaration of independence, and kept the institute of slavery. Exactly for this reason the greater urgency got the prompt adoption of amendments to the Constitution, concerning the bases of the legal status of the person.in t...


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