The classification of constitutions on social grounds

The Marxist-Leninist trend in jurisprudence generally distinguishes between the bourgeois and the socialist constitution types as well as the constitution, the transition to a bourgeois type (in the capitalist orientation) and transition to a socialist type (in the revolutionary-democratic countries, including the countries of socialist orientation).

The basis of such classification is primarily social characteristics: the nature of the law sets out the basic social structure and the nature of political power (sometimes takes into account other aspects, such as the organization of the government on the basis of the principle of sovereignty of the councils in the socialist countries).

This classification reflects (though not completely) the existing realities, although the term "bourgeois" in relation to many modern Western constitutions fails. As already mentioned, the situation in the modern world is much more complicated, intertwined elements of capitalism and socialism, there are processes of convergence of different legal systems.

On the other hand, some monarchical states (for example, in Lesotho, South Africa, Zaire) act (or act) are the constitution, which is still far from the bourgeois and the more of the bourgeois-democratic models. Therefore, from the point of view of a social nature are often different: the semi-feudal-theocratic constitution (for example, the Constitution of Brunei, Qatar, Saudi Arabia), the constitution of capitalist society, the constitutions of totalitarian socialism and post-socialist constitution.

On the basis of what is happening convergence of legal systems, develops a model of the constitution of modern civilization, which at the same time takes into account the peculiarities of different countries. On the basis of democratic constitutions differ democratic, authoritarian and totalitarian. Characteristics of their given above.

It should be noted only that the openly authoritarian constitution are extremely rare, usually real authoritarianism is covered with demagoguery rules. The same applies to the totalitarian constitutions, although in this case is expressed most clearly

beautiful pictures


Constitutional law

Пред След