The main trends in modern science of constitutional law

At present, this science there are two main areas Conventionally, they can be called of radical and liberal. Radicalist direction is basically the works of Marxist scholars (in Lenin, the Bolshevik interpretation of Marxism), the works of the so-called revolutionary democrats who defend the socialist orientation of the developing countries, and the works of leftist insurgents are.

The authors belonging to this area, considering the constitutional right to the class struggle and often - from the standpoint of the dictatorship of a certain class or classes of unit However, these classes in understanding the various factions of this area vary from Marxist-Leninists is the working class (now here are made Amendment refers to the people's democratic dictatorship).

 The revolutionary democrats advocate a "composite" power bloc of workers and those laboring with which, in their opinion, it is possible to work on the stage of radical democratic transformation that could eventually lead to socialism. Left-wing insurgents are often a factor of revolutionary changes seen in some groups of intellectuals, and even in the underclass of "best fighters".

Scientists levoradikalistskogo on the board believe that the service role of constitutional law is to establish conditions (power, the economy, the party system structure of the state, etc.) for the construction of socialism and communism, now this is often referred to as a long-term perspective. These authors talk about national socialist democracy, but in fact in favor of authoritarian control system for the permanent rule of one (Communist) Party and the separation of powers and local government, with the nationalization of the economy, the benefits of the rights of certain groups of the population (the working class, " workers "), the elimination of private property," exploiters ", in particular through the use of massive violent means.

Liberal tendency represented by the works of scientists various countries and continents, including modern post-socialist state. In Azerbaijan, Belarus, Georgia, Kazakhstan, Uzbekistan and other post-socialist countries, these scientists have radically revising their views have become developers of new constitutions. They are standards that reflect the humanist values of humanity, but could not avoid some authoritarian traits of previous influences.

The representatives of this trend believe that the constitution is a constitutional right in general, is not the instrument of the dictatorship, and the expression of social contact between different groups rulers and the ruled, the document, which should embody its standards and universal values (freedom, democracy, human rights, human social solidarity, social justice, etc.).

They advocate the rule of law, democratic and social state separation of powers, the recognition of local government, responsible for all officials and organs of the state to the people and their representatives, for the peaceful means of conflict resolution, the search for compromise and consensus against enshrining a leading and guiding role " one party in the society and the state, genuinely popular, and not the class character of the government.

The above two main areas reflect only the polar views. Between them there is the intermediate course, in some cases in the study of the same author joined some traits of both directions. In addition, not all scientists are the same direction adhere to exactly the same views on everything, even fundamental issues.

There are different approaches to the explanation of the constitutional and legal phenomena, and therefore in the same direction there are different schools - teams of scientists, using similar methods of research and give a broadly similar interpretation of their results. Adherence to this or that scientific school is not always dependent on the place of residence and work of a scientist.

Major scientific schools are international, united artists from various countries. Adherence to a particular school is determined by the scientific content of publications, research reports.

There are three main schools that exist today in foreign science of constitutional law: legal, political science and theology. Intermediate position between the first and second ranked institutionalism, tending more toward political science school.

Law school was first determined and then a significant impact to the 20-ies of XX century. Its proponents focused mainly on the study of the state, its agencies, human rights, and this was done primarily, if not exclusively only with the legal positions.

They recognize the social character of the state, but called on lawyers to study the state and its organs, its activity as a system of relations. Currently, the school has lost its meaning, but the methods of the study, developed by it, still widely used in the science of constitutional law.

Political Science School won the final victory in the middle of the XX century. Her supporters are calling to learn not only the rules of constitutional law (sometimes they even ignore them), but the actual role of various state institutions, political institutions. Not by chance, in some French-speaking academic subject is now called the "Constitutional Law and Political Institutions."

A special place is occupied by theological school. It is distinguished by extreme diversity of views of its adherents. Its right wing has nothing to do with liberalism. It closes with a special focus of radical, religious interpretation, but some of its supporters, which influenced by Western ideas, expresses liberal views, while covering their religious shell. It is represented mainly studies the Muslim jurists. Proceedings of her supporters are permeated by concepts of the caliphate - good governance, which existed, according to them, the prophet Muhammad and his successor four "righteous" caliphs.

Supporters of this school of their approach to the problem of sovereignty (they believe that the universal sovereignty belongs to Allah), the election (they often deny the usefulness of this institution, offering to replace the election of Al-Shura Council - an advisory board, that the meeting especially authority figures in governor of the state), to the institution of the legal status of a person (in their opinion, the equality must be in accordance with the principles of Sharia law, which implies, in particular, inequality between men and women, but mostly they feel is not right, and the legal and moral duty to

beautiful pictures

40_nature_wallpapers.jpeg

Constitutional law

Пред След
Яндекс.Метрика