Modern constitutionalism and municipal power: conceptual fundamentals and factors of development - Реферат

Abstract work Modern constitutionalism and municipal power: conceptual fundamentals and factors of development Constitutionalism as political and legal theory and practice of development of the constitutional democratic state and civil society relates to the fundamental values of the world culture which have been developed by mankind during its development. Theoretical sources of modern constitutionalism are incorporated in judicial, legal, philosophical, historical, futurological views of thinkers of the past. In the course of development they are enriched, filled with new contents, and permanently developing they reflect realities of modern history. In modern history constitutionalism is a set of principles, the order of activity and mechanisms which are traditionally used for the purpose of restriction of the state power. The limits of restriction by the Constitution of the state power and guarantee of the constitutional rights and freedoms depend, appreciably, on our belief in the mechanism of the constitutional regulation and on the active actions of the organs of the government and local self-management on realization of its positions. The fact is that, the belief that the constitutional norms, principles and values are capable to restrict legally the state power and level its independent realization which is embodied in the corresponding scientific theory and corresponding political and legal practice, can be named the doctrine of constitutionalism [1]. In wide understanding this phenomenon covers the theory of the constitution, history and practice of the constitutional development of this or that country, a number of countries, the world community as a whole. In narrow understanding constitutionalism is the system of ideas and knowledge of fundamental values of democracy: their system, forms of expression, methods and the degree of realization, a set of logical representations about such state system and society which meet the conventional beginnings of democratic development, thus the legal aspect of characteristics of constitutionalism is connected with legal stipulation of its fundamental ideas in the constitution [2]. That is, constitutionalism is the system of representations about civilized democratic, political legal value of the state organized society. The precondition of classical constitutionalism are the constitutional ideas. There exist a lot of such ideas, therefore we shall designate the most important. First, constitutionalism exists only there, where the main thing is not the text of the Constitution (filled with democratic institutes), and in deep respect of connection of the state and society with law. Fourth, constitutionalism is the presence of mechanisms of protection of rights and freedoms of the citizens, activity of the organs of government and local self-management, formation and participation of public associations in public affairs. Fifth, constitutionalism is the public consciousness based on conscious conviction in necessity and benefit of institutes of power and laws which make them, opportunity of achievement of social justice and protection of the proved interests with the help of actions of the power based exclusively on the norms of the law [3]. We think, that theory and practice of local self-management at the greatest degree accumulates of the above mentioned values of constitutionalism. At the same time local self-management, representing itself as an independent kind of public political power, is one of the most effective detonators of formation of classical constitutionalism in the democratic state. It is necessary to specify, that the question on the character of the power are carried out within the framework of local self-management is one of the most debatable in a modern constitutionally legal science. It is possible to name a number of definitions and positions, whose authors bring to focus at different aspects of the phenomenon of local self-management, emphasize different foreshortenings and displays of the given publicly political phenomenon, noting its role and value in the processes of formation of modern constitutionalism, civil society and lawful state. However, the only thing in which the researchers show solidarity is that optimally the phenomenon of local self-management can be realized if to consider it through the prism of mutual relations with the state and the government. The fact is that the question on the relation of territorial collectives (communities, local communities) to the state and forms of their interaction was static zed with the advent of the early states. The mutual relation of local self-management with the state, formation of civilized forms of their interaction, optimum maintenance during realization of the government and local self-management of rights of a person and a citizen, is the indicator of constitutionality of this or that state, and, hence, the major source of formation of constitutionalism. Its well-known, that