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





s it is possible to approach the analysis of qualitative changes in political-legal processes. the subject of constitutionally-legal cybernetics are qualitative and structural changes, as well as formally logic communications and relations which exist in the constitutional mechanism of the modern states, in the legislative, selective and referendum process, in lawful and law-making activity.models are applied, in particular, for development of optimum systems of organization of bodies of the government and bodies of local self-management, calculation of votes on elections, development and passing administrative decisions as nation-wide, and, in particular, of local character. Quantitative reproduction of functions of these or that bodies in the form of the model influences the formation of the best variant of their structure and competence; quantitative reproduction of the certain processes of activity of these bodies, for example, testifies to penetration of mathematics into the analysis of publicly-imperious activity.allows to show more fully the laws of structure and functions of the corresponding bodies, structure of administrative and territorial units, to determine the degree of their independence, self-controllability and efficiency. The cybernetic method is applied for development of the automated systems of reception, processing, preservation and search of the legal information, for determination of efficiency of constitutionally-legal regulation, for the systematized account of statutory-legal acts, etc.tendencies of development of the constitutional law we can name the tendency of novelization which is connected with the tendency of its institualization that is shown in permanent processes of occurrence and formation of new democratic constitutionally-legal institutes, occurrence of new public relations which require the prompt legal regulation [39 ] .an example it is possible to name administrative and constitutional justice, ombudsmen, replacement of administrative trusteeship over local self-management by administrative supervision. The special role among the new institutes is played by the constitutionally -legal responsibility. The given tendency is shown in the form of direct introduction in the constitutionally-legal turn of the category constitutionally-legal responsibility (Austria, Poland), fixing of the wide file of the constitutional sanctions, and aspiration at least on the doctrine level to prove the necessity of formation of special constitutionally-delict acts (Ukraine, Russia) [40]. In the legal literature there is given reason to the necessity of allocation of the constitutionally-legal institute of language, as the set of legal norms which regulate lingual legal relations. [41] .following tendency of modern constitutionalism is the tendency of oriented foreign policy of the constitutional law. First of all, the norms of o the fundamental laws more precisely determine the competence of higher bodies of the government concerning the questions of foreign policy. They, as a rule, strengthen positions of parliaments in decision of the most urgent questions of: war and peace, ratification of the international contracts, determination of major principles of foreign policy, use of the certain form of the parliamentary control over the foreign policy activity of the government, etc.the number of constitutions of the foreign states there is completely forbidden accommodation of the nuclear weapons, or it is supposed solely on the basis of the special law. In many constitutions there are determined in details other principles of foreign policy of the state. So, if constitutions which were adopted at the end of XVІІІ - at the beginning of the ХІХ century, fixed the right to war as the integral display of the state sovereignty the majority of modern constitutions contain refusal from conducting the war as the means of realization of the foreign policy and sanction of international disputes (India, Japan, and Austria) .present the function of defense is filled with the new contents and principles of military-political activity of the state in conditions of transition from confrontation and rivalry to relations of cooperation and dialogue, priority of not military, in particular political, economic and other spheres of maintenance of military safety. The majority of modern states have apprehended the defensive doctrine whose essence consists in creation of the optimum sufficiency of forces and means for prevention of the probable aggression on the part of the other state. Such approach to questions of military confrontation appreciably reduces the opportunity of wars, assuming in the future the prospect of their gradual disappearance [42] .of development of the constitutional law in the countries of the world testify to the fact, that it is impossible to analyze the modern state and law from individualist positions. Experience of many newly formed states testifies to t...


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