Constitutional stipulation of freedom of a person - Реферат

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Citizenship is as the condition of possession the rights in the antique policy. The Roman jurisprudence about the place and role of the person in the society. Guarantees of the rights and duties of the citizens in the constitutions of states of the world.

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Ilyin, exactly in antique policies "the legal system of the West based takes its beginning based on the private property and active role of an individual, the citizen-proprietor, whose personal advantage, rights and freedoms are protected by the right from all penetrating and breaking state dictatorship, violence and robbery "[53]. The following major step in maintenance of the rights of the person in England was the adoption of the Petition about rights, - the law belonging to the number of some acts, on which the English constitutional law was based, and which was named by lord Chatham of one of the three parts of "The Bible" (the Constitution; the two others - the Great Charter and the Bill of rights 1689) [59]. Unlike the continental Europe and England, positively-legal fixing of rights and freedom in Northern America has begun already at the level of the constituent documents which determined the status of the corresponding British colonies. In the first article of this Declaration there is precisely proclaimed the natural nature of human rights: "All people by the nature are equally free and independent and possess the certain congenital rights of which they - at the introduction into the public condition - cannot deprive of themselves or their descendants by any agreement, namely the right to life and freedom by means of purchase and possession of the property, the right to aspiration to fortunately both safety and their purchase "[64]. So, for example, the first chapter of the Constitution of state of California of 1879 is directly entitled: "the Declaration of rights” and says: "All people by nature are free and independent and have some inalienable laws to which there belongs the right to use life and freedom and to protect them, the right to get, own and protect the property, the right to aspire to safety and happiness and to achieve them.

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