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Реферат Constitutional stipulation of freedom of a person





s copy [75] .institute of the rights and freedoms of a person, which received stipulation in the legislation of Great French revolution, has undoubtedly, rendered progressive influence not only in France, but also in many other countries. Its positions and principles were used in more than 70 constitutions adopted in the countries of Europe from 1795 till +1830 [76] .quantum leap in positively-legal stipulation of the freedom of a person has become the Belgian constitution of тисяча вісімсот тридцять один which for the first time contained the special section, devoted to the rights of citizens (Section II The Belgians and their rights ) [77]. At the same time it proclaimed much wider list of the rights of a person, than any other of its contemporaries, including personal freedom (Article 7), inviolability of dwelling (Article 10) and private property (Article 11), freedom of creeds ( Article 14), academic freedom (Article 17), freedom of press (Article 18), a freedom of assemblies (Article 19) and unions (Article 20), freedom of petitions (Article 21) and secret of correspondence (Article 22). Influence of the Belgian constitution, in turn, was reflected in numerous subsequent constitutions. The development of such catalogue of the fundamental rights has played the significant role, in particular, in the constitutional movement of 1848-1849 in Germany and Austria.example, the Constitution of Prussia from January 31, 1 850, on the sample of the Belgian constitution contained the special chapter About the rights of Prussian citizens, and this chapter was the second, right after the articles about the territory of the state [78]. Thus the Prussian legislator let it know, what essential attention was given to the constitutional status of the person. This chapter contained forty articles and was the most volumetric in the text of the constitution. In it in particular there contained as the widest for that time the list of the civil freedoms, including the freedom of the person (Article.5), resettlements (Article 11), creeds (Article 12), science and teaching (Article 20) , opinions, speech and press (Article 27), peace assemblies (Article 29), unions (Article 30), petitions (Article 32). In aggregate with stipulation of the principle of equality of all before the law (Article 4), interdiction to creation of extreme courts (Article 7), interdiction of civil death and confiscation of property (Article item 10), declaration of inviolability of property ( Article 9) and secrets of correspondence (Article 33) it put the Prussian constitution in the category of the most democratic political and legal documents of the time.the end of XIX century the political and legal ideals of the freedom of a person had achieved Asia. The most remarkable in the given context has become the Constitution of the Japanese Empire (the Constitution of Maidzi) from February 11, 1889. The Second chapter of the given constitution contained habitual for the European constitutionalism of that time a set of the public rights of the person, including freedom of choice and of change of residence (Article 22), inviolability of dwelling (Article 25), secret of correspondence (Article 26), freedom of worship (Article 28), freedom of speech, press, assemblies and unions (Article 29), freedom of petitions (Article 30). The essential guarantee of the personal freedom and safety was position of Article 23 according to which nobody from the Japanese citizens could be arrested, imprisoned, caused on interrogation or inflicted to punishment otherwise in accordance with the laws [79] .the beginning of the XX century the above stated list of the fundamental freedoms became traditional for the overwhelming majority of constitutions, except for the Constitution of the German empire from April 16, 1871 [80] and the constitutional laws of France of +1875 [81]. Separate constitutions of that time contained guarantees of the personal freedom even higher, than those contained in modern constitutions. For example, Article 80 of the Constitution of Denmark from July 28, 1866 required that any arrested person had to be presented to the judge within 24 hours [82], whereas Part 2 Article 22 of the working Constitution of Russia provides the opportunity of detention of the person up to the judgment for the term of 48 hours [83], and part 3 Article 29 of the working Constitution of Ukraine supposes imprisonment of a person as a provisional measure of suppression within the term of 72 hours while his validity is checked up by court [84] .is necessary to note, that dominating minds on the freedom of a person of XIX century rather sharply differ from opinions of XVIII century on two parameters. First, in XVIII century there tried to reconcile the freedom of a person to limitlessness of authority of the state; in XIX century the conventional opinion is that these two principles mutually exclude each other and that the freedom of a person can develo...


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