Warning: file_get_contents(http://nauca.com.ua/socbuttons/pagesocbuttons13.php) [function.file-get-contents]: failed to open stream: HTTP request failed! HTTP/1.1 404 Not Found in /var/www/u2059141/data/www/newinspire.ru/plugins/content/socbuttons.php on line 58

Development of knowledge of constitutional law

In contrast to the current constitutional law the science of it - it's not a set of rules and reasoning, hypothesis, the findings of scientists. The material is presented not by laws and other legal acts, and a huge number of books, articles and reports in many languages.

Science studies the effect of constitutional law, the implementation of its provisions, reveals patterns of development, formulates practical advice to improve standards and constitutional-legal relations. It examines the history of science, the theory of evolution.

Science is one of constitutional law. If scientists do not follow any pre-established dogma, urging them under their views, even their erroneous reasoning may be useful for scientific discussion.

The study of the constitutional law of foreign countries - the study of certain aspects of the world experience. It helps to select, improve, put into practice the constitutional regulation of the models that have proven effective in similar conditions, and refuse to institutions, be counter-productive or not relevant to universal values.

Science constitutional right was a long way of development. At its origin, it has been closely associated (and still connected) with the philosophy, sociology, political science, religious studies. Its spin-off as an independent scientific branch occurred later than some other laws (for example, civil law, criminal law), although the process of allocating new legal disciplines continues today (eg, environmental law).

Initially, some of the ideas of constitutional values (of order of society and the state) were expressed in the works of writers of the ancient world (Greek thinkers - Plato, Aristotle, and others, Roman writers - Cicero, Guy, etc.), although at the time of any of the constitutional rights no science of it was not.

In the Middle Ages were also published papers containing some arguments connected with the problems of constitutional law (for example, the writings of Thomas Aquinas). These include the works and some Muslim jurists, republish these days (for example, the work of al-Mawardi of government regulations, the dynastic theory of social development Ibn Khaldun).

Formation of the basic ideas of constitutional law, the birth of the relevant science related to the period of the collapse of the feudal absolutism, and the activities of a brilliant galaxy of educators (mainly in the UK, France, USA). Representatives of the "third estate" and exponents of general public interest Hugo Grotius, SH.-L. Montesquieu, John Locke, Jean-Jacques Rousseau and others have formulated many of the provisions, which formed the basis of modern constitutional law (on popular sovereignty, separation of powers, natural and inalienable human rights, parliamentary system, the responsibility of government, etc.).

These ideas were embodied in the first constitutional documents: the Declaration of Independence in 1776, the United States Constitution in 1787 in the French Declaration of the Rights of Man of 1789., In the Polish constitution in 1791

In the XIX century. great influence on the development of the science of constitutional law's works had a W. Bagehot, A. Dicey in the UK, J.-P. Esmena in France, V. Laband in Germany, William Willoughby in the U.S.. In the middle of the XIX century. originated as the Marxist trend in the study of constitutional law.

In those days, and long after that this trend was mostly critical and forward-looking (predictions about the future of society and the state in the coming socialism), although in the works of its founders and followers, particularly on constitutional issues, properly analyzed some of the negative aspects of how an authoritarian regime, and existing at the time of the bourgeois-democratic regimes.

However, the development of constitutional law and mainstream science is the direction in those days did not have any significant

beautiful pictures


Constitutional law

Пред След