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





, there is realized social protection of unemployed, elderly, invalids, families of many children, orphans, children from incomplete families, and in terms of interethnic conflicts, refugees and compelled migrants; thirdly, there happens strengthening of social fairness and solidarity in the society, as well as democratic system, protecting the individual. Successful activity of the state in the social sphere is one of the terms of efficient realization of economic, political and other state functions. The social function of the modern state represents itself activity of the state in the field of ensuring the worthy terms of existence for each person, creation of equal and equitable possibilities for development of a person. Therefore, the contents of the specified function is determined by the new tasks of the modern state in social sphere, which, first of all, are conditioned by proclamation of the idea of ??the social state [8].

Socialization of the modern constitutions is necessary to distinguish from sociologization of the soviet constitutions, which were considered the fundamental laws of the society. The texts of these acts were filled with not legal abstractions, stated with terminology, which today, first of all, is connected with politology. Recognition of the Soviet constitutions the fundamental laws of the society and their sociologization were not casual. For the years of existence of the soviet organization of ruling there existed the constant longing to mithologization of the social being. In such terms the constitution was considered, first of all, as one of the instrument of ensuring of the ideological influence in the sphere of domestic and foreign policy. Moreover, there was directly recognized the ideological function, which was usually put on the level with strictly legal function or even above [9]., The state undertakes the decision of many social tasks. It, first of all, pertains to the problems of protection of marriage and family, development of education and health care, relations between labor and capital, the living standard of the population, social maintenance, unemployment, interethnic relations, protection of lives of the people, etc. By its administrative and legal policy the state should strive greatly to influence upon distribution of economic good in the spirit of justice for provision for each person of the worthy existence. Actively assisting development of the free market, the state at the same time should undertake the functions of social maintenance of the population. The task of the social state should comprise the redistribution income between different layer societies through determination of the balanced system of taxes, state budget, financing of social programs. The state should put the long term and perspective purpose of the leveling of the position of the people though, it was earlier noted in different publications, and now is confirmed by real life, achievement of actual, instead of only legal equality in historically foreseeable periods is not workable [10] .should agree that actually achievement of absolute and legal, and actual equality of all people is objectively impossible. However, on our opinion, it is possible the achievement of legal, and actual equality of the social possibilities for each person, guaranteed and provided by the state of cutting social inequality. Undoubtedly, the constitutional regulation of public relations plays the significant role in the process of realization of this global task.trend to strengthening of protection of the fundamental rights and freedoms is all European. If to analyze the constitutional legislation of the foreign countries, it is possible to find the different legal concepts, characteristic to this or that countries or group of the countries, however, it is possible to find the total lines of the motion, common fundamental ideas , similar results and similar (though not identical) legal instruments of their achievement. The rapprochement of the constitutional concepts in different European states is the result of generality of the fundamental ideas, which spread in global or regional European scale. Such ideas, first of all, are the respect to human value, anthropozentrism, the increasing significance of the legal state that is linked with the common recognition of dignity, autonomy of the person and his freedom as the supreme values. The new ideal shifts are the ability to recognize the supremacy of the international law. The generality of ideas brings to generality of the decisions even in the countries with different legal systems. The transparency of the process of rapprochement of the countries, the process of extension and deepening of relationship between them, the essential influence of the norms of the European Union and the Council of Europe, as well as the global statement of the uniform values, in the sphere of human rights assists the ...


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