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





e interference in the given field.influence on the most deep structures of the human organization on the part of biomedicine, interference of biomedical technologies in the gene of a person, reproductive functions, psyche and processes of dying of a person, biological copying by manipulations with gene (cloning), creation of the so called transgenic animals by means of implantation to them of human gene and other fantastic from the position of up-date achievement of science can have far going consequences for regeneration of a person and environment. There appears the risk of genetic, as well as moral and spiritual negative consequence for mankind. The consequent evolution towards the given by the modern tendencies to life, can cause the total loss for the person: loss of exactly the person. In the mirror of civilization there can one day instead the accustomed image be reflected the image of a quite different anthropic creature. [18] .conditioned the cardinal revising of the conception of interrelations of the state and a person since instead of the priority of public and state interests over private interests their bases is occupied by the conception of priority of interests of a personality, their mutual liability. The constitutional practice of the majority of the post soviet state on the modern stage in significant measure has removed the oppositions of naturally-legal and positivist approaches to human rights on the bases of the constitutional fixing of the fundamental rights and freedoms, which includes oppression and violence of the state in respect of the personality, supporting its autonomy and priority of the human rights comparatively the state. Here is clearly revealed the new approach, based on positions of anthropocentrism, which creates the conceptual base of the idea, according to which any state power has the main purpose to assist the person, to maintain his physical existence, to strengthen his social welfare and his development as personality. The state exists for the sake of exactly this purpose exactly, and the person, on the contrary, exists not for the sake of purposes of the state. Etatizm (ie state centrism, centrality on the state), which prevailed in 19 th century and the first half of the 20th century has now lost its importance [19] .and other global problems of mankind in significant measure explain the specified above processes of rapprochement of the constitutional law of different systems though there exists the ensemble of other, in particular, technological reasons (for instance, choice of the more efficient form of the legal regulation). Ideas of democracy, social-legal state, and rights of a person and others get the specific reflection in the norms of the constitutional law. At the same time the given principles, fixed in the constitutions, quite often are the screen for existing in life authoritarian elements of ruling. Moreover, in some countries the democratic principles are deformed or they are completely refused. There also exists discrepancy of the proclaimed constitutional principles.connection with sharp intensification of the problem of protection of environment, global ecological catastrophes which have endangered existence of the mankind, the modern constitutions of majority of the countries have lately started to fix general principles of ecological policy. This has brought to penetration in the constitutional matter of the great number of ecological. It certifies about permanent trends of ecologization of the constitutional law. Each person touches nature and environment in the process of its vital activity, as the citizen as the worker or an official or the citizen of the state or the member whole world community.ecological function of the state is vitally important activity of any modern state, of the world community as a whole. According to researches of the worldwide organization of health care, health of people on 80 percent depends on environment. Therefore activity of the state on its protection, maintenance of ecological security gains especial importance. In modern states there has been worked out the extensive ecological legislation, which clearly regulates activity of the people and different organizations in the field of their attitude to environment. In many country there have been worked out and already act national programs on protection of environment, providing application active measures of influence to violators of its wholeness, up to full eliminating of sources of pollution. , In the majority of modern constitutions there is fixed the duty to save nature and environment. For instance, the Constitution of Lithuanian Republic (1992.) fixed that the state should care about protection of fauna and flora, separate natural objects of special value, realizes control for the purpose of careful use, as well as restoration and premultiplying natural resources ( Article 54) [20]. The Constitution of Ukrain...


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