The constitutional law in the modern world: basic directions and forms of development - Реферат

THE CONSTITUTIONAL LAW IN THE MODERN WORLD: BASIC DIRECTIONS AND FORMS OF DEVELOPMENT Modern environmental problems find the decision in activity of the state, in basic directions and kinds of activity of its bodies. So, in many countries there exist specialized ministries and departments on control and regulation of activity in the sphere of environment, their functions the whole system of legislative acts providing strict measures of legal responsibility for infringement of their requirements. Alongside with the supreme and local bodies of the government the control over exact and strict observance of environmental legislation is realized by the bodies of public prosecutors supervision. At present problems of protection and rational use of natural riches have got the great economic, social and political value. They touch interests of all states. The more reasonably the riches are used, the greater successes are achieved by the state and the society in economic, social sphere. Only ecologically reliable states are becoming in XXI century most attractive political partners. Nature protection is put forward into the number of the sharpest social problems and becomes one of the major nation-wide tasks that find the reflection in the working constitutional legislation. Activity on nature protection within the limits of the competence is realized by the parts of the constitutional mechanism of the state and its bodies. Carrying out of these principles provides purposefulness of environmental functions on the decision of tasks facing the state in the sphere of protection and rational use of natural resources [25]. The following moment which cannot be bypassed, is the tendency of progressing professionalism and specialization that is caused by the general tendencies of development of the society, crisis of parliamentarism and in this connection the role of executive authority increases. The symptoms of the crisis condition of parliamentarism is absenteeism of voters and members of parliament, transfer of part of powers of parliament to the executive authority, strengthening of the role of parties, committees and commissions to detriment of parliament, etc. More often there is traced the tendency of division of presidents from executive authority which finds the expression not only in practice, but in norms of constitutions. In fact, there has begun to be formed the independent institute of the presidential authority [26], that today has produced such phenomenon, as presidentialism which is critically enough estimated by modern experts in the field of the constitutional law and political process [27]. So, the American researcher H. Lints has come to the conclusion that the choice of presidential structures leads to strengthening of political instability, opposition of legislative and executive agencies, to decrease of respect to the principles of legality. It negatively estimates presidential models in the post Soviet states [28]. The appearing special version of presidential authority in modern conditions is characterized by some specific features. First of all, it is the tendency to the “democratic leadership”. So, presidents of the majority of post socialist republics have come to power under democratic slogans. But, destroying totalitarism, the majority of them have aspired to create the image of the national leader allocated with wide powers. Sometimes, in general there is traced the tendency of orientation of constitutions of these states under the certain charismatic person (the Russian Federation, Kazakhstan and others). And therefore, the basic attribute of the new presidential authority is the aspiration of the head of the state to rise artificially to rise above other authorities, to concentrate the functions of the arbitrator in respect to them. In the number of other countries, on the contrary, there takes place the process of strengthening of the parliamentary mode (for example, incessant discussions about the necessity institutionalization of the two-chamber parliament, and transformation of president and parliamentary republic into parliamentary-president republicin modern Ukraine), fixing in the constitutions of all principles of parliamentarism. New constitutions of the Scandinavian countries, for example, have put the parliament on the first place in the system of bodies of the government. They have received unlimited legislative powers, the wide right of control over activity of executive authority, there has been entered the principle of the political responsibility of the government before the parliament, there have been shown to minimum the rights of the head of the state in favour of the parliament and the government. Triumphal procession of principles of subcidiarity, regionalization and decentralization, happened after the World War II in Europe and the USA, generated the tendency municipalization the constitutional life and the constitutional law. In the world there increases the compreh