Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » The constitutional law in the modern world: the main trends and forms of development

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





appearance of common political and legal institutes [11] .the majority of modern democratic constitutions there is fixed the right to social maintenance and rendering aid and protection of weak public groups. So, in the Constitution of Italy (1947.) the question is that the republic protects health as the main right of a person and the main public interest and guarantees free of charge treatment of the poor (Article 32) [12]. The Constitution of Ukraine, proclaiming Ukraine the social state, installs that each person has the right to the sufficient living standard for himself and his family, which includes sufficient feeding, clothing, and dwelling. Each person has the right to health care, medical aid and medical insurance. The state creates conditions of medical service for efficient and available of all people. The state renders the assistance to development of medical institutions of all patterns of property (Articles 48-49) [13]. The Constitution of Spain (1978.) determines that state bodies support the state system of social insurance, providing all the citizens with the necessary aid and social facilities, first of all at unemployment (Article 41) [14] .the same time at present there happens overcoming of spare (mainly declarative-popular) moments in the process of socialization, politization and ideologization of the constitutional law. In the democratic countries of market economy they proceed from the fact that the state can not and should not entrust itself with the settlement with all social tasks, many of which should be settled exactly by the civil society or due to its cooperation with the state. The legal state provides the formal equality all before the law. The modern social state should provide the certain social-property balance between wealth and poverty, not to allow cutting and dangerous social stratification for the state and society [15] .on the state overweening social burdening, which exceed the possibility of the society to satisfy the up rated claims this or that social groups or share of the public product, bring to decay of economy and spare poliztion prevents the civil initiative from below raquo ;, ideologization reduces legal certainty of the norms of the constitutional law [16]., deilogization of the constitutional legislation is in elimination from the text of the constitutions c and other legislative acts of the majority of the post socialist states of the ideological features of the essence of the state, institutes of public and state system, fixing of the principle of impossibility of recognition of any ideology as obligatory, political and economic pluralism, etc. [17] .following trend of the constitutional development of the countries of the world is the strengthening of similarity, of the so called universilization of the constitutional law of the different countries with the standpoint of the set of constitutionally legal norms and institutes, forming its system. Gradually in the course of practical activity and interinfluence, especially after wreckage of totalitarism on the border of 1980-1990s, there has determined more or less total circle of relations, institutes of the constitutional law, which, first of all, are fixed in the constitutions. But such similarity concerns only most general features and principles.with the trend of universilization there appears another trend: diversification of the constitutional law, or extension of the variety of constitutionally legal institutes. The constitutional matter is penetrated with the unique institutes, reflecting historical, national and other particularities of the people of different countries, and their contents becomes more variable. This enriches the constitutional law. Nations and states, which were earlier imperceptible in the constitutional measurement, now bring their weighty contribution to development of theory and practical activity of the constitutional law.following specifying itself is humanization and biologization of the constitutional law. The given trends are revealed in increasing the influence of general humanitarian valuables of the mankind of the constitutional law, moving the center of gravity on ensuring the natural rights and freedoms of a person, proclamation them the supreme value, recognition of inalienability and firmness of the rights and freedoms, impossibility of their cancelling, narrowing of the contents and volume etc., biologization of the constitutional matter is revealed in activity of the modern state on restriction of negative consequences of scientific technical progress, especially in such new fields, as genetics, medical biology. In fact there is formed the new scientific direction - bioethics, which is connected with transplantation of organs of a person, change of sex, artificial fertization, problems of abortion and euthanasia. The given phenomena can not remain a side checking and regulating (including on the constitutional level) stat...


Назад | сторінка 5 з 8 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: Constitutional justice is in the Ukrainian system of state rule
  • Реферат на тему: Constitutional system of the Russian Federation and role of the constitutio ...
  • Реферат на тему: The constitutional law in the modern world: basic directions and forms of d ...
  • Реферат на тему: About development of legal fundamentals of the constitutional justice in th ...
  • Реферат на тему: About the elasticity of constitutional principles and constitutional policy