he Constitution тисячу сімсот вісімдесят сім of the full list of the rights and freedoms of citizens its fathers-founders proved by various arguments. Some of them proved, that the Constitution in itself was the Bill of rights [68]. The others considered that the special arch of the rights and freedoms was the constitutional excess. If the rights and freedoms are natural they do not require ostensibly the constitutional record. The thirds specified, that the rights and freedoms are already fixed by the constitutions of the separate states, that is why their reproduction in the Constitution of the USA is unduly. For this the critics of the project reasonably objected, that if the federal Constitution, similarly to Articles of Confederation, united not the population of the country, but the states, keeping their sovereignty then the position of its composers would be clear, but as the federal Constitution is declared by the supreme law in relation to the Constitutions of states, inclusion in it of the Bill of rights is simply obligatory [69]. Some states demanded to add the Constitution of the USA with the Bill of rights, refusing to ratify it [70] .first ten amendments which received the name of Bill of rights, were adopted by the Congress in тисяча сімсот вісімдесят дев'ять and came into force in 1791 after ratification by two thirds of states. However, some authors quite reasonably consider that the Bill of rights was brought by the supporters of the Constitution more likely as the concession for ratification of the Constitution by states in which positions of antifederalists [71] were strong.amendments making Bill of rights, guarantee the freedom of religion, speech and press. They also proclaim the right of the citizens to peaceful assemblies, to submission of petition to the government for consideration of complaints, to carrying of the weapon, to protection of the person, house, documents and property against unreasonable search or confiscation, to court proceeding and public, impartial and duly consideration of legal proceeding by the jury. Though we can come across the opinion, that during adoption Bill of rights was considered not as declaration of human rights but as the means for protection of the rights of states against excessive encroachments of the federal government, and that consideration of Bill of rights as the act which proclaimed human rights, has begun later, mainly in decisions of the Supreme court [72] .much fuller and detailed form the formulation of the rights of the person is contained in the constitutions of separate states. In the majority of them, not excepting even the constitutions which received the final wording at the end of the ХІХ century, there is contained the reproduction of principles of Declaration of Independence. So, for example, the first chapter of the Constitution of state of California of +1879 is directly entitled: the Declaration of rights and says: All people by nature are free and independent and have some inalienable laws to which there belongs the right to use life and freedom and to protect them, the right to get, own and protect the property, the right to aspire to safety and happiness and to achieve them. Free choice of religion is for ever provided in this state. Using the act about personal freedom (Habeas corpus) can be stopped only in case of mutiny or enemy invasion. The right to have legal proceedings by the jury should be provided for all. Each citizen can freely speak, write and publicly express the ideas about everything, being exposed to the responsibility solely for abusing this right. People should have the right to gather for discussion of public interests. The person and dwelling should be protected from any arrests and searches [73] .American documents have served the prototypes for the French Constituent Assembly of тисяча сімсот вісімдесят дев'ять which under the influence of Lafayette has started development of the Declaration of human rights raquo ;. After long debates in which basis there have been put numerous projects, it was adopted on August 26, 1789 in the form of the Declaration of human rights of a person and a citizen. The declaration allocated the freedom of a person, the freedom of speech and press, the freedom of worship. Absence in this document of the freedom of assembly and unions was determined by animosities of legislators to mass actions and public organizations and was explained by the dominated in the theory of the natural right to negative attitude to any sort of unions.the sample for the Declaration there have served the definitions of the American bills of rights. It was entered into the Constitution of 1791 and repeated with separate changes in the two following French constitutions. Thus the Constitution of тисяча сімсот дев'яносто одна has a little expanded the former circle of the rights and freedoms. In section the Substantive provisions provided by the cons...
