The development trend of foreign constitutions

The global development of constitutions through three stages and is now in the fourth. At different stages of their social and legal content changed.

The first phase lasted from the emergence of modern constitutions in the XVIII century. before the First World War and the formation of totalitarian socialism. The constitutional process at this stage mainly covers Europe, North America and South America (with the exceptions of African Liberia, South Africa and Australia). The volume of the constitutional regulation was narrow, it was limited mainly personal and some political rights of citizens, as well as with the organization and activities of public authorities.

In the second phase - between the two world wars - the constitutional regulation has spread to some of the newly formed states of Eastern Europe, individual countries in Asia and Africa ("colonial constitution"). Due to the growing economic and social role of the state is to regulate affected (in the old and new member states), the new field of public relations, and appeared in the constitutions of totalitarian socialism it has acquired nearly comprehensive, covering the scope of socio-economic rights, ideologies, the establishment totalitarian political system.

In the third stage - after the Second World War to the turn of 80 - 90 years - the constitutional process is now global, spreading to Asia, Africa, Oceania, as a result of liquidation of colonialism emerged more than 100 new states. At this stage in different groups of countries were four models of the constitution: the liberal constitution of the past (the United States, Belgium, etc.), the liberal constitution of the "second wave" (Japan, in 1946, Italy in 1947, and others), the constitutions of totalitarian socialism and liberal -etaticheskie constitution in many developing countries (including Latin America).

In the first and especially the second, in particular under the influence of the early socialist constitutions of the mass democratic movement, was significantly extended to the constitutional regulation: they were included socio-economic status, the rules on the role of parties, the principles of foreign policy, partly provisions on associations.

Constitution of totalitarian socialism denied the separation of powers and reinforced the principle of unity of the government in its specific sense ("All power to the Soviets!"), Proclaimed the leading role of the Marxist-Leninist party in the society and the state, the benefits of the rights for the "workers", the obligatory ideology.

The new Constitution, the developing countries (capitalist orientation) gravitated to the Western model, borrowing some provisions of the basic laws of totalitarian socialist states (on the national question, the planning, operation and control, etc.).

Constitutions of the countries of socialist orientation is largely copied the socialist constitutional model, often impairing her (though they included some liberal positions). At this stage in many countries, especially clearly revealed the contradiction between the legal and de facto constitution, the constitutions of many of the positive norms often wore a declarative nature (especially in the socialist and developing countries).

The fourth stage, which began in the late 80's - early 90's, is characterized by the collapse of totalitarian regimes in Europe, Asia and Africa. From the late 80s until 1997 made more than 100 new constitution reflected changes in the situation and the constitutional priorities.

They also reflect the growing importance of human values (to some extent this is true of the new constitutions of the remaining socialist countries, and the amendments thereto), a break with totalitarianism, the convergence of the different legal systems in a more accurate account of his

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