Constitutional law of foreign countries. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Constitutional law of foreign countries. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. Constitutional law of foreign countries: branch of law, science, academic discipline

Constitutional law of foreign countries as a branch of law is a system of internally agreed legal norms (rules of a special kind, provided by state coercion), which are contained in various legal acts - constitutions, laws, presidential decrees, etc. and regulate a certain group of social relations.

Constitutional law of foreign countries like a science - this is a combination of various theories, teachings, views, hypotheses on constitutional law, set out in books, articles, scientific reports. The content of science is constitutional doctrines, ideas and recommendations of jurists to improve legislation.

Constitutional law of foreign countries as an academic discipline is the subject of teaching in higher education.

The concept of "constitutional law of foreign countries" does not mean a special branch of law - there is no such branch. There is the constitutional law of a particular country - French, Indian, Congolese, Brazilian, Australian, etc. There is no special science with such a name. When using the term "constitutional law of foreign countries" we are talking about a collective phenomenon, a comprehensive and comparative study of the constitutional law of many countries of the world, an offshoot of a single science of constitutional law, as well as an academic discipline.

Currently, there are more than 200 states in the world, and each state has its own legal system that reflects the socio-economic, political, and cultural characteristics of a given country.

Allocate:

▪ on socio-economic development: highly developed Western countries (including Japan); states of moderately developed capitalism (Israel, Turkey, Malta, etc.); former socialist countries of Europe (Albania, Poland, Romania, etc.); developing countries that were colonies or dependent territories of European colonial powers (Pakistan, India, Egypt, etc.); states that are socialist (People's Republic of China, Cuba, Vietnam, etc.);

▪ by form of government: republics and monarchies;

▪ by form of government: unitary and federal;

▪ by party systems: with a multi-party system; with a two-party system; with a one-party system;

▪ and other classifications.

Object of the constitutional law of foreign countries - the most significant, most important social relations: the foundations of the life of the individual (for example, the establishment of a living wage by law), the collective (the role of public associations in the country), the state (its place in society), society itself (market or state-owned economy).

An important part of constitutional law is the constitutional rights and obligations of a person and a citizen, ways of their implementation and guarantees. A special place is occupied by relations related to the participation of citizens in the exercise of public power. In different countries, the current constitutional law may have its own characteristics in the object of regulation.

The constitutional law of foreign countries governs four main areas of public life: economy (the basis of property relations), social relations (the social role of the state), politics (the role and procedure for the formation of political parties, the procedure for elections, the organization of the state), ideology (ideological pluralism). They are the subject of the constitutional law of foreign countries.

In this way, constitutional law as a branch of law of a particular country - this is a system of internally agreed norms that fix and regulate the foundations of legal relationships between individuals, collectives, the state and society, establishing legal conditions for the exercise of state power, participation in it, pressure on it, struggle for it by peaceful, constitutional means.

2. Subject, sources and system of constitutional law of foreign countries

The subject of study of constitutional law - public relations that determine the organization of society and the state (sovereignty, form of government, form of government), the basic principles of the system of public authorities and the system of local governments (types of public authorities, their legal status), the foundations of human relations with the state (rights and freedoms person and citizen, citizenship).

In the economic sphere - basics of property relations; in the social - the foundations of the social role of the state; in the political - the creation and role of political parties, the organization of the state, etc.; in the ideological one, it can allow pluralism of ideologies or one of them as the official one.

Sources of constitutional law - this is an external form of expression of general rules of conduct that regulates relations of a constitutional nature.

The Constitution, the main source of law, has the highest legal force and specific content. All accepted and valid sources of law must comply with the Constitution. It occupies a leading, fundamental place in the legal system and has a decisive impact on all other legal acts.

Other sources include:

▪ laws - constitutional, organic (regulate the institution as a whole), ordinary (individual issues), emergency (in special circumstances, for a short period); domestic public law treaties;

▪ regulations of parliaments and their chambers - organization and procedure of work of parliaments;

▪ acts of the head of state and executive power;

▪ acts of constitutional control bodies - official interpretations of the constitution;

▪ judicial precedents - decisions of high courts, published by them and becoming the basis for other courts to make similar decisions in similar cases;

▪ constitutional custom - a rule established in practice that is oral in nature and does not enjoy judicial protection in case of its violation (Great Britain, New Zealand);

▪ religious sources (in some Muslim countries - the Koran);

▪ legal doctrine (decisions on constitutional issues based not only on legal acts, but also on the works of outstanding lawyers and specialists in constitutional law);

▪ international legal acts.

In federal states, the sources of law are very diverse, since at the level of the subjects of the federation there are their own sources of constitutional law (for example, each US state has its own constitution). Local (regional) laws are also issued by the representative bodies of a number of autonomous entities that exist within the framework of unitary statehood. Cities have their own city charters, city charters that regulate local self-government.

The constitutional law of foreign countries is usually divided into General part, including a holistic view of the concepts, principles of the socio-economic, political and territorial structure of specific states, the foundations of the theory of the constitution, the institutions of constitutional law and special partcontaining an analysis of the experience of the constitutional (state) law of individual states, taking into account the diversity of forms of political structure and the specifics of constitutional legislation.

The system of constitutional law is constituted by the institutions of law. Institute of Constitutional Law - a system of agreed norms governing homogeneous and interrelated social relations within a given branch of law. Institutes of constitutional law in foreign countries: institutions of the economic system of society, the social system, the political system, the foundations of the spiritual life of society, the legal status of the individual, the form of the state, etc.

Often, divisions are even more fractional; within larger (complex) institutions, others stand out (for example, the institution of government responsibility).

3. The concept and essence of the constitution, types of constitution

The term "constitution" has two meanings:

Actual constitution - the real foundations of the socio-political system, the actual position of the individual in a particular country.

Legal constitution - a document, a basic law (or several basic laws), adopted and changed in a special order, having the highest legal force and a special object, i.e. regulating the foundations of the socio-economic system, political system, legal status of the individual, spiritual life of society.

The content of the constitution consists of those norms and institutions that fix the provisions on popular sovereignty, the legal foundations of the status of the individual, and also determine the foundations of the social system, the form of government and territorial structure, the foundations of organization, the structure of central authorities, their competence and relationships, state symbols, status state capitals. The consolidation of these mandatory elements in each state has its own national specifics, since any constitution is a historically established legal phenomenon with certain features and properties inherent only to it.

There are the following main features of the constitution:

▪ fundamental nature;

▪ founding;

▪ nationality;

▪ stability;

▪ legitimacy.

The essence of the constitution as a political and legal document is a reflection of the balance of the main social interests represented in society.

Types of constitutions:

▪ on social characteristics: constitutions of the bourgeois and socialist types, as well as constitutions transitional to the bourgeois type (in countries with a capitalist orientation) and transitional to the socialist type (in revolutionary democratic states, including countries with a socialist orientation);

▪ from the point of view of social essence they differ: semi-feudal-theocratic constitutions (for example, the constitutions of Brunei, Qatar, Saudi Arabia), the constitutions of a developed capitalist society (USA, France, Japan), the constitutions of totalitarian socialism (DPRK, Cuba) and post-socialist constitutions (Romania, Ukraine); and also: democratic, authoritarian and totalitarian constitutions;

▪ in terms of their structure into consolidated, unconsolidated and combined;

▪ according to legal content, instrumental and social constitutions are distinguished;

▪ Depending on the form, there are two types of constitutions: written and unwritten.

Written constitution - this is a special legislative act or several often different acts, which are officially proclaimed by the fundamental laws of a given country. An unwritten constitution is a collection of various laws, judicial precedents, and customs.

▪ in order of publication: octroied (granted); adopted by a representative body (constituent assembly, parliament); approved by referendum;

▪ according to the method of change, “flexible” and “rigid” constitutions are distinguished. "Flexible" - which change in the same order as other laws. Changes to “rigid” constitutions require special conditions;

▪ Depending on the period of validity, constitutions can be permanent or temporary;

▪ from the point of view of goal setting, a distinction is made between constitutions of a programmatic nature and those of a stating nature. All socialist constitutions that define the goals of building socialism and communism are usually programmatic. Constitutive constitutions do not contain programmatic provisions on the transformation of society;

▪ from the point of view of the territorial scale of action and forms of statehood, the constitutions of federal states, unitary states, and federal subjects are distinguished.

4. Adoption, modification and repeal of constitutions in foreign countries

Ways of adopting constitutions:

▪ adoption of a constitution by a constituent assembly specially elected for this purpose. This body is usually unicameral (in Brazil it was bicameral), and after the adoption of the constitution it is often dissolved, giving way to a parliament elected on the basis of the new constitution. The Constituent Assembly is not always formed solely through elections, sometimes elected on a corporate basis from representatives of various groups of the population, and partly appointed by the military authorities (they play an advisory role).

▪ adoption of constitutions by parliaments.

▪ adoption of the constitution by supra-parliamentary bodies, of which parliaments were sometimes and sometimes were not an integral part (for example, the Great People's Khural in Mongolia in 1992).

▪ adoption by referendum - a nationwide vote of voters (France 1958, Switzerland 1999). The draft constitution is either developed by a constituent assembly specially created for this purpose (French Constitution of 1946 - the Fourth Republic), or by the government (French Constitution of 1958 - the Fifth Republic), and then submitted to a referendum.

▪ acceptance by the military authorities, who proclaimed a transition in this way to civilian rule.

▪ adoption by the highest party bodies - congresses or executive committees of parties.

▪ acceptance of representatives of various political forces and population groups at national conferences.

▪ negotiated adoption of constitutions in crisis situations, although the voluntariness of such agreements is often very peculiar.

▪ creation of constitutions: they were granted by a “good” monarch to his “faithful people”.

▪ adoption of the basic law in a new edition.

Amendments to constitutions are made by decision of parliament or based on the results of a referendum, but the adoption of such decisions is with special requirements:

1. A draft on amending the constitution is submitted only by the head of state, the government, a certain group of deputies, subjects of the federation.

2. The amendment must be adopted not by a simple but by a qualified majority in each House of Parliament or in a joint session of the Houses. Often it is necessary that it be passed by Parliament twice at a certain interval. In some countries, the second vote (vote) should take place only after the election of a new parliament.

3. After the parliament has adopted an amendment to the constitution, in some federations, its decision must be approved (ratified) by a certain majority of the subjects of the federation.

Constitutional amendments are not subject to veto by the head of state and must be published.

During military coups, an emergency procedure for changing and revoking the constitution is often used: military councils cancel or suspend some chapters or articles, and sometimes the entire text.

According to the method of changing the constitution, they are divided into flexible and rigid. Flexible constitutions can be changed in the same way as ordinary law. They are primarily unwritten constitutions, as well as the constitutions of states with a monarchical form of government (Principality of Monaco, Saudi Arabia).

Rigid constitutions - constitutions, for the introduction of amendments and additions to which a special complicated procedure is provided. The rigidity of constitutions can be ensured in different ways: by requiring voting by a qualified majority in parliament (Italy, Japan); adoption of amendments in a referendum (France); re-adoption of the amendments by the parliament of the next convocation (Greece); approval of the amendments by the subjects of the Federation (Germany, USA).

5. Constitutional control (supervision) in foreign countries, its types

constitutional control - activities of special or authorized bodies of the state, which aims to identify and suppress, up to the abolition of laws and other regulatory legal acts that are inconsistent with the constitution. Constitutional control assumes that the relevant bodies (officials), having discovered an act that violates the constitution, are entitled by their power to cancel it.

Constitutional oversight - activities of authorized bodies in order to identify unconstitutional acts with subsequent notification of the bodies that have adopted them or are about to do so.

The objects of constitutional control (supervision) may be constitutional and ordinary laws, amendments to the constitution, international treaties, regulations of the parliament or its chambers, regulations of the executive authorities - government decrees, presidential decrees.

In federal states, the object of constitutional control (supervision) is also the issues of delimitation of competence between the union and the subjects of the federation and the resolution of disputes between these subjects.

The subjects of constitutional control are state bodies, officials, citizens, endowed with the right to request the constitutionality of a particular act.

Types of bodies of constitutional control:

1) Political constitutional control - not specialized bodies;

2) Judicial constitutional review.

It is divided into:

▪ the American system, when the constitutionality of laws and other acts is checked by judges of general jurisdiction when considering specific cases;

▪ European system, specialized bodies of constitutional control are created. They can be either judicial (bodies of constitutional justice) or quasi-judicial (Constitutional Council in France).

Types of constitutional control:

▪ preliminary (when authorized bodies give their conclusions on the constitutionality of certain acts before they enter into force) and subsequent (the dispute about the constitutionality of a particular act is considered only after this act has entered into force). Laws and other legal acts recognized as unconstitutional either immediately cease to be in effect, or are prohibited from publication (and, therefore, do not enter into force), or, finally, they remain in the statute books, but cannot be applied by courts and other state bodies. The decision of the specialized body of constitutional control is final and cannot be appealed.

▪ concrete and abstract constitutional control. In the first case, the decision is made in connection with a specific case, in the second it is not related to such a case.

▪ mandatory and optional control (certain types of laws are subject to mandatory control, for example, all organic laws in France before they are signed by the president; optional control is carried out only in the event of an initiative declared by an authorized entity).

▪ decisive and advisory control (in the latter case, the decision is not binding on the relevant body).

▪ from the point of view of applying the decision of the body of constitutional control, a distinction is made between decisions that have retroactive effect and decisions that are effective only after its adoption.

▪ by subject of implementation: internal (carried out by the body that issued the act) and external (by another body).

▪ by content: formal (checks the constitutionality of the procedure for adopting an act) and material (checks the constitutionality of the content).

The body of constitutional control (supervision) may either recognize the contested act as unconstitutional in whole or in part, or recognize it as conforming to the fundamental law.

6. Institute of the rights and freedoms of citizens: general characteristics

Law - this is an established opportunity that allows the subject to choose the type and measure of his behavior, satisfying both personal and public interests (for example, the right to participate in elections as a voter or candidate for an elected position).

Права человека - these are natural, inalienable rights that belong to him by virtue of birth as a person. These usually include the right to life, liberty, security, property, physical and mental integrity, personal dignity, personal and family secrets, etc. In recent years, some rights of the "third" and "fourth" use of cultural achievements or a clean natural environment.

The rights of a citizen arise from the fact of citizenship, the legal connection of a person with a certain state, political community. These are the rights of the individual as a member of the political community. These include voting rights, the right to association (including in political parties), the right to participate in the management of state affairs, etc. This also includes some socio-economic rights (for example, to free education at the expense of the state, to public health care).

In the countries of totalitarian socialism, another division is given - the rights of citizens and the rights of workers. In some constitutions (for example, in the Constitution of the People's Republic of China), certain socio-economic rights (the right to rest, to education, etc.) are granted only to working citizens.

Freedom - this is an established opportunity that allows the subject to perform all types of legally significant behavior, with the exception of those restrictions that are enshrined in law. Thus, exercising freedom of conscience, a person independently determines his religion, ways of his communication with a particular religion, or is an atheist.

The institution of fundamental rights and freedoms is characterized by a number of features:

▪ rights and freedoms are constitutional (that is, they must be enshrined in constitutions and relevant laws);

▪ constitute the legal basis for the entire system of rights and freedoms;

▪ are recognized as social value and have the highest legal force;

▪ their recognition, observance and protection is the responsibility of the state.

In modern conditions, some of the foundations of the legal status of an individual, and in certain aspects of a citizen, are determined by international law, its generally recognized principles and norms.

International law establishes the following principles:

1) domestic constitutional legislation should include the scope of fundamental rights and freedoms of man and citizen, which complies with international standards;

2) domestic legislation cannot contradict the fundamental human rights and universal values fixed in international acts;

3) there is no absolute freedom and absolute rights; they can be limited, but only on the basis of the law and to the extent that the constitution allows it in accordance with the requirements of international law and for precisely defined purposes (ensuring public order, public morality, public health, etc.);

4) the abuse of rights is prohibited, i.e. their use for the purpose of damaging the rights and legitimate interests of other individuals or legal entities;

5) the rights of an individual are limited by the rights of other persons;

6) rights and freedoms must be provided with guarantees, legal, as well as material, to the extent that the conditions of the country allow. Rights and freedoms must correspond to the duties of a person and a citizen to society, the state, the collective, and other people.

7. Basic types of rights, freedoms and duties of citizens

Three groups of fundamental rights and freedoms of a citizen:

Personal rights and freedoms - are provided to a person as an individual, regardless of whether he is a citizen of this country or not. These include the right to life and inviolability of the person, the right to resist violence, the right to liberty, inviolability of the home, privacy of correspondence, freedom of movement and choice of residence. The inviolability of the home implies protection not only from arbitrary searches and seizures, the standing of soldiers, police intrusions, but also protection from arbitrary actions on the part of individuals. In some countries, euthanasia is allowed - the deprivation of life of terminally ill patients, to whom life causes severe suffering (the Netherlands, in some states of Australia).

One of the most important personal human rights is freedom of movement and choice of residence, freedom from arbitrary arrest and unjustified criminal repression.

Political rights and freedoms the citizen of the state is endowed as a member of the political community. The most important political right is the electoral legal personality of a citizen, consisting of active and passive suffrage, opening up for citizens not only the opportunity to participate in the formation of representative institutions, but also to appoint their representatives to them.

Also freedom of speech, press, the right to receive information, as well as freedom to disseminate information, freedom of conscience, freedom of unions and associations, freedom of marches and freedom of assembly. Outdoor gatherings require advance notice to the authorities (two days in Germany, three days in France).

Socio-economic rights and freedoms. The most important of these rights is the right to own and dispose of private property. This right is ensured by all means of legal protection against encroachment both from individuals and from the authorities of the state itself. The new constitutions enshrine the possibility of alienation of private property in the interests of society.

After the Second World War, the constitutions of Italy, Denmark, India, Japan, and a number of other states proclaimed the right to work.

Some post-war constitutions also proclaim the right to equal pay for equal work and the right to rest, which are sometimes seen as an organic extension of the right to work.

Unemployment insurance, pensions for the elderly and disabled, etc., can also be mentioned among the economic achievements of the working people.

Fundamental rights and freedoms can be classified according to the following criteria:

1) based on the stages of the declaration of fundamental rights and freedoms for three generations:

▪ the first generation includes civil and political rights proclaimed by bourgeois revolutions, which are called “negative”;

▪ the second generation is associated with social, economic and cultural rights;

▪ third generation - collective or solidary rights, caused by global problems of humanity and belonging not so much to each individual, but to entire nations and peoples (these include, for example, the rights to peace, to a favorable environment, to self-determination, to information, to sustainable social and economic development, etc.).

2) depending on the nature of the subjects on: individual (the right to life, work, etc.); collective (the right to strike, rallies, etc.).

3) depending on the role of the state in their implementation into: negative (the state refrains from specific actions in relation to the individual); positive (the state must provide a person with certain benefits, assist in the realization of his rights).

8. The concept of citizenship

Citizenship - this is the relationship between the person and the state, which gives rise to certain rights and obligations on both sides.

Foreigners do not have many political rights, although they have the right to property, can receive public housing, have the right to work, but their access to certain types of work is limited, etc.

The situation of stateless persons is in many ways similar to that of foreigners. However, unlike foreigners, they do not enjoy the diplomatic protection of any state, which complicates the situation.

Persons with multiple (dual) citizenship have rights and bear obligations in accordance with the legislation of all those states of which they are citizens.

Citizenship includes a number of powers, the most characteristic of which are the following: the right to reside in the territory of the state, to have the full range of rights, freedoms, duties, to hold any public office, to freely leave and return to the territory of one’s state, to enjoy the protection of state power.

Citizenship - a stable legal relationship of a person with his state, which gives rise, on the one hand, to certain rights and obligations of a person in relation to the state, and on the other hand, the rights and obligations of the state in relation to a citizen.

Citizenship reflects the quality of belonging, the personal connection of a person with the monarch.

A distinction is made between those born in a given country and naturalized citizens, i.e., those who have been granted citizenship in accordance with the procedure established by law.

Ways of acquiring and losing citizenship:

▪ by birth - filiation. Acquired on the basis of the principles of “right of blood” or “right of soil”. In the first case, the child acquires the citizenship of the parents, regardless of the place of birth, and in the second, the child becomes a citizen of the state in which he was born, regardless of the citizenship of the parents;

▪ naturalization (rooting) - admission to citizenship by authorized state bodies (usually this is done on behalf of the head of state (president, monarch)). Individual naturalization is carried out on the basis of a person’s personal application to be granted a certain citizenship;

▪ recognition of citizenship (all residents of the territory, unless they renounce this, on the day of formation of the new state are recognized as its citizens);

▪ option (choice of citizenship of a particular country in connection with the transfer of part of the territory from one state to another or the proclamation of part of the territory of the previous state as a new independent state);

▪ transfer (the transfer of territory is accompanied by a change of citizenship without the right to choose, which is rare, but occurred in some states after the Second World War);

▪ registration (it involves a simplified procedure for acquiring citizenship, for example, if the parents of a given person were or are citizens of the country or the person serves in the armed forces or holds a government position);

▪ restoration of citizenship (for former citizens of a given state).

Loss of citizenship:

▪ renunciation of citizenship (renunciation of citizenship) is carried out on the initiative of the person who submits an application for this;

▪ deprivation of citizenship is carried out by authorized state bodies against the wishes of the person;

▪ expulsion of citizens from the country;

▪ extradition (extradition to a foreign state of persons who have violated the law of that state for investigation and trial).

Cessation of citizenship represents a severing of ties between the citizen and the state. Persons who for any reason have lost their citizenship may subsequently apply for its restoration.

9. Form of government in foreign countries

Form of government - external expression of the content of the state, determined by the structure and legal status of the highest bodies of state power.

There are two forms of government: monarchy and republic.

Monarchy is a form of government in which the supreme state power is legally vested in one person who holds his position in the established order of succession to the throne.

For absolute monarchy (autocracy) is characterized by the absence of any representative institutions, the concentration of all state power without a trace in the hands of the monarch (Saudi Arabia, Oman).

constitutional The monarchy is divided into two types - dualistic and parliamentary monarchies.

dualistic monarchy there are two political institutions at the same time - the monarchy and the parliament, which divide state power among themselves. The monarch is legally and de facto independent of the parliament in the area of executive power. He appoints a government that is responsible only to him.

parliamentary monarchy - the power of the monarch is limited not only in the field of legislation, but also in the sphere of state administration and control over the government. Legally, the monarch retains the right to appoint the head of government and ministers, but he does this only in accordance with the proposals of the leaders of the party faction. The government is formed by parliamentary means and is responsible for its activities only to the parliament.

Republic - a form of government in which all the highest organs of state power are either elected or formed by a nationwide representative institution.

Presidential republic represents such a republican form of government, which is primarily characterized by: the combination in the hands of the president of the powers of the head of state and the head of government, the absence of the post of prime minister, the extra-parliamentary method of electing the president, the extra-parliamentary method of forming the government and the absence of the institution of parliamentary responsibility, the president's lack of the right to dissolve parliament .

parliamentary republic characterized by: the proclamation of the principle of the supremacy of the parliament, to which the government is politically responsible for its activities, the presence of the post of prime minister, the government is formed only by parliamentary means from among the leaders of the party that has a majority in the lower house. A parliamentary (parliamentary) republic is much less common in the modern world than a presidential one (Germany, Hungary, India, Ireland, Italy, Latvia, Portugal).

This form of government is legally characterized by the following features: the head of state, the president, is not the head of government; the parliament is a sovereign body that forms the government politically responsible to it and elects the president itself (or this happens with his most active participation); the head of government - the leader of the party of the parliamentary majority or the leader of the party coalition is appointed the prime minister; The president exercises his powers at the suggestion of the government.

Mixed forms of government. They combine various elements, sometimes extremely contradictory. A mixed republican form of government first arose in 1958 in France, which today is considered a classic semi-presidential republic, and has since become widespread (Romania, Bulgaria, Lithuania, Portugal). This form of government is also used in post-socialist countries, in particular, in the CIS countries.

10. Form of state (territorial-political) structure

Form of government - the national-territorial organization of the state, as well as the relationship between central and regional bodies.

For the form of government, the economic, political and geographical degree of the territorial community of the population, as well as historical traditions, cultural and ethnic factors are of great importance.

The main features of the unitary form of government:

1. A single constitution, the norms of which are applied throughout the country without any exceptions or restrictions.

2. A unified system of higher bodies of state power (head of state, government, parliament).

3. Single citizenship. The population of a unitary state has a single political affiliation.

4. Unified system of law. Local governments are obliged to apply in the respective administrative-territorial units the normative acts adopted by the central government bodies.

5. A unified judicial system that administers justice throughout the country, guided by uniform norms of substantive and procedural law.

6. The territory of a unitary state is subdivided into administrative-territorial units, which cannot have any political independence.

Федерация is a complex (union) state, consisting of state entities with legal and certain political independence. The state formations (states, lands, provinces, cantons, states) constituting a federal state are subjects of the federation.

Main features:

1. The territory of a federal state in political and administrative terms does not represent a single whole. It consists of the territories of the subjects of the federation. State formations do not have sovereignty. In case of violation of the federal constitution or federal legislation, the central government has the right to apply coercive measures in relation to the subject of the federation. The subjects of the federation do not have the right of unilateral withdrawal (the right of secession) from the union.

2. The subject of the federation, as a rule, is endowed with constituent power, that is, it is given the right to adopt its own constitution.

3. Subjects of the federation are endowed, within the limits of their competence, with the right to issue legislative acts.

4. A federal subject may have its own legal and judicial system.

5. One of the formal features of the federation is the presence of dual citizenship. Every citizen is considered to be a citizen of the union and the respective state entity.

6. Bicameral structure of the union parliament (bicameralism).

Depending on the role of the national (linguistic) factor in determining the structure of the federation, they differ in:

▪ organized on a territorial basis, of which the majority are (Australia, Austria, Germany, Argentina, Venezuela, Brazil, USA, Mexico);

▪ organized on a national basis (Belgium, Nigeria, Pakistan, partly India);

▪ organized on a mixed national-territorial basis (Russian Federation, Switzerland, Canada).

Depending on the types of legal acts that establish a federal state, there are two main types of federation:

▪ constitutional;

▪ negotiable.

Constitutional federations are created as if "from above" as a result of the adoption of the constitution (USA, Canada, Brazil).

Negotiated arise "from below" on the basis of an agreement, an agreement between the subjects of federal relations (Switzerland).

11. State regime

State regime - this is a generalized description of the forms and methods of exercising state power in a particular country.

Three types of state regime: democratic, authoritarian and totalitarian.

Character traits democratic regime:

▪ recognition of political rights and freedoms;

▪ political pluralism and the transition of political leadership from one party to another, the formation of the main supreme bodies of the state through general and free elections by citizens;

▪ separation of powers, role autonomy of various branches of government (legislative, executive, judicial, etc.) with a system of checks and balances and ensuring interaction;

▪ mandatory and real participation of a national representative body in the exercise of state power, and only it has the right to issue laws, determine the basis of the foreign and domestic policy of the state, its budget;

▪ freedom to propagate any political ideology, as long as its followers do not call for violent actions, do not violate the rules of morality and public behavior, and do not infringe on the rights of other citizens.

Character traits authoritarian regime:

▪ political rights and freedoms of citizens are recognized to a limited extent;

▪ elections of members of parliament take place on the basis of ethnic and religious preferences, elections of presidents are subject to the charismatic principle or are organized in such a way that the president becomes essentially unlimited;

▪ limited political pluralism, government decisions are made by the majority of the ruling party without taking into account the rights of the minority, the rights of the political opposition are violated, its publications are censored, and its leaders are arrested;

▪ the principle of separation of powers may be mentioned in the constitution, but in fact it is rejected;

▪ pluralism of political ideology is limited;

▪ the armed forces often play a political role;

▪ command and administrative methods dominate as methods of public administration, while at the same time there is no mass terror;

▪ censorship remains;

▪ “power” structures are practically uncontrollable by society and are usually used for purely political purposes, etc.;

Allocate despotic, tyrannical, military and other varieties of this regime.

Character traits totalitarian regime:

▪ political rights and freedoms of citizens are rejected by the concept of leaderism that underlies the regime;

▪ there is one legal party, and if the existence of others is allowed, then they, like mass public organizations, are under the control of the ruling party; her leadership role in society and the state was consolidated;

▪ political pluralism is fundamentally rejected, political opposition is not allowed, and the protection of minority rights is not recognized. All existing public organizations are placed under the leadership of the ruling party, the Fuhrer, and the military council, and a single total mechanism of political rule is created;

▪ separation of powers is rejected, the principle of unity of power is established;

▪ unified political ideology;

▪ the state strives for global dominance over all spheres of public life, for all-encompassing power;

▪ monopoly state control over the economy, the media, culture, religion, etc., right down to personal life;

▪ the dominant method of management becomes violence, coercion, terror; the dominance of one party, the actual merging of its professional apparatus with the state, a ban on the legal activities of opposition-minded forces.

12. The concept of political parties, their essence, organization and functions

Political Party is a voluntary, stable, self-governing organization of citizens belonging to a certain group of society, created on the basis of the common political beliefs and goals of its members, operating on the principles of democracy and openness, whose main task is not to make a profit or satisfy professional, ideological, cultural and other needs its members, but participation in the formation and expression of the political will of the people and in the struggle for state power, pressure on it by peaceful, constitutional means.

The constitutions of many countries do not have a legal definition of a political party. These fundamental documents define only the goals and objectives of the parties: "political parties contribute to the expression of opinions during voting" (Article 4 of the French Constitution); "A party is understood to mean any association or group of electors who stand in elections under a specific name" (Swedish Form of Government Act).

More precisely, the function of the party is shown in the Constitution of Greece (Article 29): "parties must serve the free functioning of the democratic system." The Basic Law of the Federal Republic of Germany (Article 21) states that parties contribute to the formation of the political will of the people and are freely formed.

In a number of foreign countries, the boundaries between parties and other political associations are vague and often blurred.

Parties that put forward the goals of the violent overthrow of the constitutional order, use terrorist methods to achieve their goals, demand the establishment of a dictatorship of a certain social stratum, are prohibited by constitutions and laws, and operate illegally.

The parties are organized and operate freely. They are created, as a rule, on the basis of a secret order: no prior notifications or permission from the authorities (state bodies) are required to create a party. The parties themselves determine their goals, structure, internal organization, procedure of activity, which is regulated by the charters they adopt.

It is forbidden to create paramilitary party organizations or paramilitary detachments at parties. It is forbidden to create party organizations in state structures (except for representative bodies), as well as on a production basis, that is, at the place of study or work.

To create a party is convened constituent Assembly. At the constituent assembly, a chairman and a secretary are elected, and a constituent protocol on the creation of the party is drawn up. At the same or at another meeting, the charter of the party, its program document (a short document on the goals of the party is possible) is adopted.

Parties are exempt from property taxes, have benefits when purchasing buildings, etc., and receive direct financial support from the state.

As a rule, only citizens of a given country who have political rights and have reached the age of 18 can be party members. Parties are built on the basis of individual membership: they are admitted to the party at the request of the entrant.

Party functions:

▪ act as a means of struggle between individual rival groups for the possession of government power in the center and locally;

▪ take a vital part in the formation and activities of all levels of the state apparatus;

▪ take direct or indirect participation in the development, formation and implementation of the domestic and foreign policy of the state.

▪ carry out an ideological function;

▪ providing feedback between government authorities and citizens.

13. Classification of political parties

Political parties are classified:

▪ conservative parties that advocate maintaining the old order and are against reforms (for example, the Conservative Party in Great Britain);

▪ clerical (religious) parties (Christian Democratic Union in Germany), which demand that public life and government be consistent with the tenets of religion;

▪ liberal parties (Liberal Party in Great Britain, Center Party in Sweden), advocating freedom of economic activity, non-interference of the state in public life;

▪ reformist parties that advocate under the slogans of national socialism, for social justice while maintaining private property (social democratic parties in Europe, Indian National Congress);

▪ radical parties advocating a radical restructuring of society using, as a rule, violent measures;

▪ communist parties - they advocate the nationalization of the economy and adhere to the ideology of Marxism-Leninism;

▪ Social democratic parties advocate increased government intervention in the economy, partial nationalization and financing of social programs through increased taxes (UK Labor Party).

From the point of view organizational structure:

1. Cadre parties have a fixed membership, are based on the recognition of a rather strict discipline, mandatory membership fees; their administration is largely centralized.

2. Mass parties - there is no fixed membership or it is not strictly taken into account, party fees are usually not fixed, there are no party organizations, meetings are not held, local leadership is not elected.

3. Party-movements are mostly a legacy of the past.

From the point of view of the peculiarities of the legal status, parties are distinguished, registered and unregistered, legal and illegal, parties recognized as national (national), etc.

Legal parties These are legal parties. They may not be registered, although in a number of countries, as noted, party activity is not permitted before registration.

The party becomes illegal, if it is prohibited by law, by a court decision, but continues its activities underground.

National (national) party enjoys special influence in society, such a party is recognized as a party that received the statutory percentage of votes in national elections.

In some countries there are fascist, and where previously there was a fascist political regime, neo-fascist parties (the National Alliance in Italy, the Republican Party in Germany).

On place in the political spectrum of society parties can be distinguished: right-wing and centrist (in developed countries they dominate); left and center-left; right-wing radicals.

On organizational structure parties stand out:

▪ centralized (organized, characterized by documented party membership, the presence of primary organizations, membership fees or regular financial and material assistance);

▪ decentralized (organizationally unformed parties that exist mainly on voluntary donations);

▪ personnel (characterized by small numbers, free membership, organizational looseness);

▪ mass (seeking to involve as many members as possible into their ranks, strengthen connections, strengthen the structure);

▪ parties with formally defined principles of membership; parties with free membership.

14. Legal status and procedure for the activities of parties

Installed freedom and diversity of ideology political parties. Restrictions are connected only with the general humanistic values of mankind:

▪ it is prohibited to incite violence;

▪ preach national, religious and other discord, hatred, enmity. It is prohibited to create paramilitary party organizations, parties under the same name as those operating in the country. The creation of party organizations in government structures, as well as on a production basis, i.e., at the place of study or work, is prohibited.

Parties contribute to the formation and expression of the political will of the people, the expression of public opinion through voting, and are called upon to spread ideas about social and political progress.

Political parties stimulate the active participation of citizens in political life, educate them in the spirit of responsibility for the affairs of society, nominate candidates for elections, take care of constant communication between the people and state bodies, promote the exercise of the political rights of citizens, etc. Through party activities, as well as the activities of some other public organizations, the selection and training of the political elite, personnel of the administrative apparatus is carried out. Parties can influence by democratic methods on the policy of the state, on the political activities of the parliament and government.

Registration of political parties assigned to various government agencies:

▪ Ministry of Justice;

▪ Ministry of Internal Affairs;

▪ city court of the capital, etc.

To register a party, the necessary documents are usually provided (an application that contains the name, purpose, emblem of the party; copies of the charter, etc.). For registration, a certain period is set (from two weeks to three months) (in Poland, for registration, it is necessary to present to the court the signatures of 1000 citizens with statements of readiness to become members of this party).

The internal organization and activities of the parties must comply with the principles of democracy and national sovereignty. Admission to the party must not be discriminatory; the charter and program of the party must be adopted at a meeting of its members or their representatives; meetings, congresses, conferences should be convened periodically, at which the policy of the party is determined, as well as meetings of local party organizations.

Charter and program of the party must be published; citizens of the country should be informed about the persons who are in the leadership of the party, about the sources and use of financial resources by the parties.

Parties are exempt from property taxes, have benefits when purchasing buildings, etc., receive direct financial support from the state.

Parties are required to:

▪ keep records of all incoming contributions and donations, income and expenses;

▪ have accounting and inventory books;

▪ annually submit to the registrar a report on your property, income and expenses.

The parties allocate funds from the state budget for conducting election campaigns.

Parties have independence, autonomy, but the registrar is obliged to monitor the compliance of the party's activities with the constitution of the state, legislation, charter and program documents of the party. In case of violation of these documents by the party, he has the right and is obliged to issue a warning to it. If the violations continue after this, the registrar applies to the court with a claim to suspend the activities of this party or to ban it.

In most countries dissolution of a political party can only be done by a court. In authoritarian and totalitarian states, parties are prohibited by specially adopted laws. The liquidation of a party can also be carried out by way of its self-dissolution.

15. The concept and essence of suffrage, principles

Term "suffrage" It is used in two senses: objective and subjective.

Objective suffrage is a section of constitutional law. The rules governing suffrage are contained in constitutions, in election laws (sometimes these laws are very lengthy, and therefore they are called electoral codes), and in the subjects of the federation, in political autonomies, their own laws on the election of bodies and officials of these state entities may apply .

В subjective sense of suffrage - the right of a particular person to participate in elections, as well as in a referendum, voting when an elected representative is recalled, in a popular legislative initiative. Usually for this it is necessary to have the citizenship of this state, a certain age (usually 18 years old), to be sane (mental health).

Distinguish between active and passive suffrage.

Active- this is the right to elect, vote for any candidate or against all proposed candidates.

Passive suffrage - this is the right to be elected, for example, to parliament, to the post of president, to a local self-government body. A person may have an active suffrage but not a passive one.

The principles of suffrage:

1. Universal suffrage does not mean that all residents of the country can participate in elections. The principle of universality implies legislative restrictions - electoral qualifications. They differ depending on what right they restrict: active or passive.

Voting rights are generally not granted to foreigners and stateless persons residing in the country where elections are held (exceptions: Denmark, the Netherlands, Sweden). Citizens-children, the mentally ill do not participate in elections. In most countries, voting age is set: at least 18 years old by Election Day. For passive suffrage, an increased age is required, which is associated with the need to have life experience in order to participate in solving state affairs.

2. Equal suffrage- these are equal opportunities established by law for the voter to influence the results of elections and equal opportunities to be elected in accordance with the terms of the law. It is prohibited to establish in the law any advantages or restrictions for individual candidates running for elective public office. Equality of active suffrage is ensured by the fact that each voter is given an equal number of votes and all votes have equal weight. There is a democratic rule - "one voter - one vote". The principle of equality also means that all citizens participate in elections on an equal footing, that is, constituencies must be equal in size. This is achieved by ensuring a uniform norm of representation: each deputy must have the same number of residents or voters of the district.

3. Direct election. Direct elections are the direct election by citizens of their representatives to state bodies, individual officials.

4. Secret and open voting. In a secret ballot, the voter casts his vote without the knowledge of other persons by filling out a ballot paper, using a voting machine (USA, India), using an electronic voter card (Brazil). Voting can be face-to-face (direct), when the voter himself comes to the place of voting, and absentee, when his will is realized on his behalf by other persons. Violation of the secrecy of the vote is punishable by law. Open elections are held very rarely, usually at the grassroots level of representative bodies by a show of hands (People's Republic of China).

16. Organization and procedure for holding elections, determination of voting results

Elections - joint and independent expression of the will of citizens in the form of voting in favor of certain candidates for positions in public authorities.

Elections - this is a way of forming public authorities, the purpose of which is that all citizens can express their will, and public power can be created and act in accordance with this will.

The social role of elections:

▪ it is an institution of direct democracy, the highest direct expression of power by the people;

▪ in a legal sense, the act of elections is the act of the people granting their representatives the right to exercise their power;

▪ this is a democratic way of forming representative bodies of government and local self-government;

▪ this is a legitimate way of constituting a system of power, as well as its reform;

elections can be seen as a form of government affairs.

Elections are announced by decree of the head of state, and from the date provided for in this act, the election campaign begins, which ends on the day preceding the day of voting.

Elections are held in constituencies. If one deputy is elected from the constituency, then such constituency is called single-member, and if there are several deputies - multi-member.

The constituency is usually subdivided into polling stations, which are territorial units served by one voting station. Voter registration is carried out at the polling stations.

In order to carry out activities related to the electoral campaign, electoral bodies are established.

Voter registration and compilation of voter lists.

There are two systems of voter registration. At permanent system the voter, once registered, is no longer required to appear for registration.

RџSЂRё periodical registration system, old voter lists are annulled within the time limits established by law, voters are re-registered and new voter lists are compiled.

Methods for nominating candidates for deputies, i.e. determining the circle of persons from among whom deputies will be elected:

1. For registration as a candidate, it is necessary to submit to the appropriate body an application signed by the candidate himself; sometimes it is required that such a statement be countersigned by a specified number of voters.

2. The nomination of a candidate is carried out through an official nomination on behalf of the party or by submitting a petition signed by a certain number of voters.

3. The nomination of candidates is carried out in the same order as the election of deputies, therefore the very procedure for nominating candidates is called primary elections - primaries.

Vote, i.e. the casting of votes for the nominated candidates, is usually carried out in person. The legislation of some countries allows in some cases voting by mail, by proxy (for absent voters), as well as voting by representatives for the illiterate and the sick.

The most important guarantee of free expression of will is the secret ballot, which provides for the procedure for casting votes, in which the voter fills out a ballot in an isolated room and personally puts it in the ballot box. Currently, secret ballot has been introduced in all democratic countries.

Voting is the stage that completes the election campaign, after which they begin to count the votes and determine the results of the elections. Voting results are determined by the majoritarian system of absolute majority, relative majority or proportional electoral system.

17. Referendum

Referendum (lat. referendum - "what should be reported") is the vote of voters, through which a decision of a state or local government nature is made, which has national or local significance. This decision has the force of law, and sometimes more force than an ordinary law passed by Parliament, or the force of an important local government decree.

A question is submitted to a referendum, suggesting a positive or negative answer by the voter. Another variant with several alternative answers is also possible, when the voter is offered a choice from several possible solutions. In this case, the voter can choose one of the solutions or give a positive answer to several options, the decision will be determined by the majority of votes: it is the option that received the largest number of positive answers.

Questions submitted to a popular alternative vote, or a set of proposed options, is called referendum formula. The general rule is that the referendum formula should not include the following questions:

▪ emergency and urgent nature (taking extraordinary and urgent measures to ensure the health and safety of the population);

▪ requiring special knowledge (adopting and changing the budget, executing or changing the internal financial obligations of the state);

▪ the answer to which is known in advance (wage increases, tax cuts).

Questions on the formation of the composition of state authorities and local self-government bodies or their personal composition, amnesty or pardon are not submitted to the voters' court.

The organization of a referendum is similar to the organization of elections (lists of voters, election commissions or referendum commissions, regulation of propaganda and campaigning on referendum issues, summing up the results, etc.), but in this case, the voter does not vote for any candidate or list of candidates, but for a proposal containing a draft solution to an issue.

The referendum is considered valid if the majority of registered voters took part in it, and the decision is considered adopted if the majority of them (50% plus one vote) positively answered the proposed question. Sometimes, however, a 2/3 or even 3/4 vote with positive answers is needed to make a decision.

The legislation on referendums establishes a ban on holding popular votes in conditions of martial law, a state of emergency or a state of siege.

All persons with active suffrage take part in the referendum.

The referendum has never been held at the federal level in the US, Australia, Canada.

There are the following types of referendum:

▪ national and local referendum (the latter is held on the territory of a subject of the federation, an autonomous entity, one or more administrative-territorial units);

▪ mandatory and optional (petition, i.e., at the initiative of voters with the collection of signatures) referendum;

▪ constitutional and ordinary referendum. In the first case, a draft constitution or amendment to the constitution is put to a referendum. A referendum on other issues that do not have constitutional significance is considered ordinary;

▪ pre-parliamentary, post-parliamentary, extra-parliamentary;

▪ approving (or ratifying) referendum (through a referendum, voters approve the decision of parliament) and repealing;

▪ decisive and consultative referendum (in the latter case, the opinion of voters is revealed through voting, which the parliament takes into account, or may not take into account, for example, when passing a law).

Other classifications: constitutional, legislative, administrative referendum.

18. Place and role of the head of state in the state mechanism of foreign countries, powers of the head of state

Head of State - it is a constitutional body and at the same time the highest official of the state, representing the state outside and inside the country, a symbol of the statehood of the people.

The head of state happens sole (monarch or president) and collegial (a permanent body of Parliament).

The powers of the head of state: in relation to parliament, this is the convening of its sessions, the publication of laws, the right to dissolve, sometimes the right to veto. The head of state forms the government (sometimes only formally approves it), has the right to dismiss ministers and the government, appoint judges, grant citizenship and the right of asylum, conclude and ratify certain types of international agreements, appoint diplomatic representatives, reward, pardon convicts, etc., but the exercise of these powers in practice depends on the form of government, on the real position of the head of state. In addition, under any form of government, some powers can be exercised by the head of state independently, while others require the consent or approval of the parliament or even the government.

The head of state exercises the functions of the supreme representation of the state outside and inside the country (signs international treaties, has the right to directly address the heads of foreign states and governments, appoints diplomatic representatives, accredits representatives in foreign states, makes official appeals to parliament and messages to the nation) .

Functions of the head of state, for example, during the succession to the throne or the temporary incapacity of the monarch can be transferred to his representative regent or regency council. In addition, the prerogatives of the head of state may be exercised by an official acting on behalf of the monarch in one of the states that are members of the union.

The head of state can both head the executive branch (presidential republic, absolute and dualistic monarchy), or be part of the national representative body of state power (India), and also not belong to any branch of power, performing a coordinating function (mixed republic).

In parliamentary republics and monarchies, in many semi-presidential republics, in order for some (not all) acts of the president or monarch to be valid, the prime minister must affix them with his signature (the so-called countersignature).

The monarch is the head of state and at the same time the head of the executive branch. All power belongs to him only in an absolute monarchy. In reality, he uses the powers of the head of state and head of the executive branch in a dualistic monarchy, while in a parliamentary monarchy, he usually performs acts of the head of state and head of the executive branch at the direction of the government.

The President can occupy a different position in the system of state power: to be only the head of state, at the same time the head of state and executive power, the head of state and the actual head of the government in the presence of a special position of administrative prime minister. The president is elected for a fixed term.

Ways to elect a President:

▪ voting in parliament;

▪ Electoral vote. Voters vote for electors, and the latter, without meeting together, elect a president from among the candidates nominated by the parties;

▪ election of the president by a special electoral college (Federal Assembly in Germany);

▪ election directly by voters.

19. The concept of parliament and its structure

Parliament - this is the highest body of popular representation, expressing the sovereign will of the people, designed to regulate the most important social relations mainly through the adoption of laws, exercising control over the activities of executive authorities and senior officials. It forms other supreme organs of the state, for example, in some countries it elects a president, forms a government, appoints a constitutional court, ratifies international treaties, etc.

In a parliamentary republic and a parliamentary monarchy, an elected representative body of state power, embodying popular sovereignty, forms and controls the government. In a presidential (semi-presidential) republic and a dualistic monarchy, he shares power with the head of state, who himself forms and controls the government.

Parliament consists of two chambers. The Houses of Parliament have different names, but they are usually called lower and upper. The Houses of Parliament are not equal in size. The constitution (law) may fix the exact number of chambers, may establish a limit on the number, may establish a mobile number, indicating from what number of inhabitants or voters one deputy is elected. As the population changes, so does the number of deputies. Usually the lower chamber is twice as numerous, or even more numerous than the upper one. Only in the UK before 1999 was there a different ratio: more than 1200 peers in the upper house (House of Lords) and 659 members in the House of Commons.

Members of the lower house of parliament are usually called deputies and are usually elected for 4-5 years, either directly by citizens or through multistage elections, by people's representatives. Some members may be elected by indirect elections (Bhutan, Swaziland, etc.). Members of the upper house are called senators.

The parliament sometimes also includes their deputies, and in individual federal states - delegates from territories, possessions, the federal district, associated states (states) that are not subjects of the federation (USA). The order in which they occupy a seat in parliament and their legal status are not the same.

The upper house is formed in various ways: through direct and indirect elections, appointments, taking a seat by office, etc. Some senators can be elected by a majority system, and some by a proportional system (for example, Italy). In Belgium, some senators are elected by direct elections, some are appointed, and some are elected indirectly by provincial councils.

The lower house and the unicameral parliament are re-elected as a whole. The principle of rotation is often applied to the upper chamber: senators are elected for a longer term and the chamber is renewed in parts (in the USA for six years with a renewal of 1/3 after two years, in France for nine years with a renewal of 1/3 after three years) . In many countries the upper house is elected for the same term as the lower house (Italy, Poland, etc.).

Parliaments include governing bodies - chairman (speaker), deputy chairman (vice-speaker), presidium, bureau. To fulfill the powers, parliamentary commissions, committees are created, and from members of one party or party bloc - parliamentary factions, deputy groups.

Parliament itself has the right to determine its competence by adopting laws and even a constitution. It issues fundamental acts on the competence of the executive and judicial authorities, and in federal states it establishes the basis for interaction between the federal center and the subjects of the federation, delimiting their areas of jurisdiction.

20. Competence of Parliament

The meaning of the activity of the parliament as a nationwide representative institution is the coordinated adoption of state decisions, primarily laws, after a comprehensive discussion.

The powers of parliaments can be divided into:

▪ legislative;

▪ representative;

▪ organizational and control;

▪ constituent.

Their content, volume and especially the ratio among themselves are not the same in foreign countries:

▪ the main task of parliament - this is the adoption of laws (they are adopted according to a special procedure). Among them, fundamental laws are of paramount importance - constitutions, amendments to them, organic laws;

▪ Parliament elects, appoints, and forms other supreme bodies of the state, forming them in whole or in part. He does this independently or approves, giving consent to candidates proposed by another supreme body of the state. In countries of totalitarian socialism, parliament elects a permanent body, which between sessions exercises many of the powers of parliament (the State Council in Cuba, the Standing Committee of the National People's Congress);

▪ Parliament forms the entire government, expresses confidence in it by voting on the government program, after which the government is appointed by an act of the head of state; parliament elects the president; Parliament or one of its chambers is part of the college that elects the president;

▪ Parliament forms the constitutional court, the supreme court, appoints the prosecutor general, comptroller general, and some other senior officials;

▪ Parliament ratifies (approves) international treaties or gives consent to the president for their ratification;

▪ Parliament decides on the use of armed forces outside the country;

▪ Parliament has some quasi-judicial powers; resolves issues of impeachment (removal from office) of the president and some other officials, makes decisions on bringing ministers and other senior officials to trial;

▪ Parliament has the right to declare an amnesty (to stop punishing those convicted under certain articles of the criminal code);

▪ Parliament has the right to establish material burdens on the state, establish taxes, adopt the state budget in the form of a single law on state income and expenditure for a period of one year (France) or in the form of a set of budgetary (financial) laws (Japan);

▪ Parliament has the right to resolve issues of the state treasury;

▪ Parliament exercises control over the activities of the executive branch and other supreme bodies of the state. Parliamentary control can be political (for example, an expression of no confidence in a minister) and legal (the activities of investigative commissions created by parliament) in nature.

Forms of control: questions to the highest bodies of the state and senior officials: the government, ministers, the prosecutor general, etc. at the plenary session of the parliament (chamber); debates on predetermined issues and general government policies; the question of a vote of no confidence or the introduction of a resolution of censure against the government; reports and reports of the government and ministers on their activities at the plenary sessions of the chambers; parliamentary hearings; parliamentary investigations and others.

The powers to form the highest bodies and appoint the highest officials are usually exercised by different chambers separately: each of them has its own competence (in the USA, the president appoints ministers, members of the Supreme Court with the consent of the Senate; in Brazil, the highest judges, the Attorney General, the chairman of the Central Bank are appointed by the President with consent of the lower house).

21. Legal status of a Member of Parliament

The legal status of a member of parliament is determined by constitutions, constitutional and organic laws, regulations of the chambers and customs.

A deputy in a democratic state is a professional parliamentarian. It is precisely because of this that his mandate has the property of incompatibility with any state or other office. Parliamentary activity is considered the only legal occupation of a deputy, with the exception of the right to hold ministerial posts in parliamentary countries.

The content of the deputy mandate includes the following main components:

1. Indemnity. A member of parliament receives remuneration for his activities, including covering expenses for residence, correspondence, business trips, etc. Excessively high indemnity in a number of countries turns a seat in parliament into a lucrative position. In some countries, parliamentary indemnity is equal to the salary of high-ranking officials (Japan, France, Finland) or constitutes a certain part of the ministerial salary.

2. Immunity. The legislation of democratic states provides the deputy with a number of rights and privileges, which should guarantee his independence. The most important elements of parliamentary immunity are freedom of speech and voting and parliamentary immunity.

Freedom of speech and voting are reduced to the fact that a deputy cannot be held criminally liable for statements in parliament and for voting, since they are carried out by virtue of a mandate. However, the parliamentary practice of various countries knows many legal and factual restrictions on these freedoms. Almost everywhere, freedom of speech and voting is exercised within the rigid framework of party discipline. Restrictions on freedom of speech are also imposed by laws on the protection of state secrets and relevant provisions of parliamentary regulations.

Relationships between voters and their elected deputy can be built on the principles of "imperative mandate" and "free mandate."

Free mandate principle means that the parliamentarian is not legally bound by the instructions of the voters and acts in parliament, in accordance with his ideas about what is due and his own conscience. On this basis, the right of voters to recall him is denied, as having not justified their trust. A deputy in parliament is first of all a full-fledged member of the collegium, having authority over the entire state territory and expressing national interests.

The principle of an imperative mandate includes a combination of three elements: the obligatory orders of voters for a deputy, the mandatory reporting of a deputy; the right to recall him by voters if he does not fulfill or poorly fulfills orders (orders).

In most foreign countries, deputies take an oath at the first meeting of parliament.

Parliamentary immunity, which usually applies during sessions, is that a parliamentarian cannot be prosecuted or arrested without the sanction of the relevant chamber, except in cases where he is detained at the scene of a crime. A deputy may be deprived of immunity by a decision of the chamber to which he belongs.

The termination of the term of the mandate occurs at the end of the term of the parliament, after the expiration of the term for which the deputy is elected (this procedure usually applies to deputies of the upper chambers who are not renewed in their entirety), due to the death of a deputy, as a result of the deprivation of the mandate or the recognition of elections as invalid.

Parliament can not only deprive a deputy of immunity, but also invalidate his mandate.

22. Parliamentary procedure, legislative process

The mode of operation of Parliament is session, i.e., the period of time during which plenary meetings of the chambers are periodically convened, standing committees work. There are regular and extraordinary sessions (in the UK and Japan, the session is convened once a year and lasts approximately seven months).

For the work of parliament and decision-making, a quorum is required (a certain number of deputies present; only under this condition is the meeting considered valid).

The chamber is headed by a leader elected by the deputies, as a rule, for the entire term of the chamber, but sometimes for the duration of the session. In some cases, the chairman of the chamber is not a deputy, but a person who holds this place ex officio (in the United States, India, the Senate is headed by a vice president).

Inside the chambers, committees and commissions (legislative, investigative, conciliatory) are created from among the deputies for the purpose of preliminary preparation and consideration of issues submitted to the parliamentary session. Committees and commissions can be permanent and temporary, usually investigation and conciliation commissions are created and operate for a limited period of time.

Part of the parliament are also party factions, which must have a certain number of deputies. Factions are most often led by leaders of political parties.

The external bodies of the parliament may be deputy delegations participating in inter-parliamentary assemblies, in interstate union bodies.

Parliamentary sessions are open and closed. The public may be present at open ones, but in specially designated places.

The session may be extended and terminated ahead of time by the decision of the Parliament; it terminates early in the event of the dissolution of Parliament.

Stages of the legislative process:

1. Introduction of the bill. Parliament is obliged to consider only drafts submitted by bodies and officials enjoying the right of legislative initiative under the constitution (head of state, chambers of parliament, etc.). Some bills, such as those on the state budget, can only be introduced by the government.

2. Draft discussion consists of several stages, each discussion and vote at the plenary session of the chamber is called a reading. Usually there are three readings, but sometimes when urgent bills are passed, their number is reduced.

В first reading the fundamental provisions of the project are discussed, after which a vote takes place. If the decision is negative, the project is removed from the agenda, if it is positive, it is transferred to the standing committee (commission) for revision.

Second reading happens with the report of the author of the project and the co-report of the permanent commission. At this stage, each article of the draft is discussed and voted, amendments are discussed and voted on.

In the third reading, the draft as a whole is discussed and voted on. Only editorial changes are possible at this stage.

3. Adoption of law. It is carried out by voting at the plenary meeting and requires a definite majority. Members of Parliament vote in different ways: by means of an electronic system, by ballots, by show of hands, by division, by acclamation (shouts), in responsible cases, roll-call voting is used.

After being accepted in one chamber, he enters another. One of the chambers, usually the upper one, may disagree with the text adopted by the other chamber (house veto). Then the issue is resolved through conciliation procedures (creation of a conciliation commission).

4. Promulgation and issuance of the law. Signing the law, sanctioning the law, ordering its publication and execution. The head of state has the right not to sign the law (the right of veto), and then it does not come into force.

23. Formation, composition and structure of government in foreign countries

Government - a collegial body of executive power with general competence, which manages public administration. It heads the executive and administrative activities in the country, under its leadership are the state apparatus, the armed forces, the finances of the state, and foreign affairs.

The government is composed of the prime minister who heads the government, who may have other official titles - prime minister, minister-chairman, minister of state. Ministers, state ministers, state secretaries, parliamentary secretaries work under the leadership of the prime minister, who provide communications between the government and ministers with parliamentary structures.

Narrower structures are being created within the government:

▪ Government and Cabinet. The government includes all ministers, junior ministers. The cabinet sits and rules the country, including about 20 or a little more ministers, who are selected by the prime minister and invited by him to his residence for meetings, usually once or twice a week;

▪ Council of Ministers and Council of Cabinet. Council of Ministers meetings are official government meetings presided over by the president; they make the most important decisions. Cabinet council meetings are chaired by the prime minister; they deal primarily with operational matters;

▪ Government Presidium or Bureau. It consists of the prime minister, his deputies, and sometimes some ministers. The Presidium decides on many important issues that fall within the competence of the government;

▪ Interministerial committees or commissions, uniting groups of related ministries.

Premier. The selection of candidates for the government depends on him, he appoints and dismisses the rest of the ministers himself, and makes decisions on behalf of the government.

The method and procedure for forming a government is determined by the form of government, constitutional norms and principles, and the political traditions of the country:

1. In a presidential republic, the head of state appoints ministers at his own discretion from well-known figures in his party, although in some such republics the upper house participates in the appointment of ministers. This is a presidential (extra-parliamentary) method of appointment. The government does not need the confidence of the parliament and is formed independently of it. The extra-parliamentary model of government formation is used in dualistic monarchies, in a number of mixed republics.

2. In a semi-presidential republic, the party composition of the parliament is taken into account when forming the government; the consent of the parliament is required for the appointment of the prime minister. Ministers are appointed by the President. This is a semi-parliamentary way of forming a government.

3. In parliamentary monarchies and parliamentary republics, a parliamentary method of forming a government based on parliamentary elections is used. The right to form a government is given to that political party or coalition of parties that has a majority of seats in the lower house of parliament. In other words, the parliamentary model provides for the formation of a government based on the results of parliamentary elections.

As a general rule, the head of state appoints the head of government, who enjoys the confidence of a majority of parliament. Such a traditional procedure for the formation of government exists in Italy, India, Germany. According to the constitutions of these countries, the head of state appoints the head of government, who then forms the government and proposes to the parliament its personal composition and program of action.

24. Powers of government in foreign countries

In parliamentary republics and monarchies, the government exercises the powers conferred by the constitution on the head of state, although some special powers of the government are sometimes defined, usually on private matters.

Usually, the fundamental laws contain a list of issues entrusted to the government: the management of the national economy and socio-cultural development, the protection of public order and the rights of citizens, the general management of foreign relations and the development of the armed forces, and other issues.

Government Powers:

1) Management of the state apparatus. The government not only plays a decisive role in the acquisition of the entire state apparatus, but also directs its activities; coordinates the activities of the state apparatus through ministries, departments, headquarters and other departments;

2) Execution of laws. The government is entrusted with executive power, that is, it is charged with the duty to take care of the proper implementation of laws adopted by parliament;

3) Control over the legislative activities of Parliament actually turned into an independent function of the government. This control is carried out in two main directions: the government is the main source of legislative initiative; the government has a decisive influence on the legislative process. In presidential republics, the government uses the right of veto for this and direct contacts with parliamentarians;

4) Rule-making activities of government. The government issues various kinds of normative acts on the basis of and in pursuance of parliamentary laws. Government acts of this group are by-laws. In semi-presidential republics, in parliamentary monarchies and republics, governments can issue normative acts either in their own name or only as acts drawn up at the direction of the government in the form of decrees-laws of the president, orders of the monarch in council. In addition, the government can implement delegated legislation. The acts of delegated legislation in Great Britain far outnumber the Acts of Parliament;

5) Preparation and execution of the budget is a purely governmental authority, since the role of parliament in this process is actually nominal. The compilation of revenue and expenditure parts of the budget is carried out by various administrative departments, and the final draft is submitted for government approval by the Ministry of Finance. Parliament only approves the budget drawn up by the government. After approval, the budget completely goes beyond the scope of the parliament, its execution is entirely concentrated in the hands of the government and the administrative apparatus subordinate to it;

6) Implementation of foreign policy falls within the competence of the government;

7) Government controls and directs the activities of all bodies and institutions, with the help of which the foreign policy functions of the state are carried out. It completes the diplomatic and consular apparatus, determines the contingents of the armed forces, directs the activities of foreign intelligence agencies, conducts international negotiations and concludes international treaties and agreements.

Issues within the competence of the government are decided by its presidium (bureau), interdepartmental committees in the government, and the prime minister.

In those presidential republics where there is no government as a collegial body, its powers are exercised by the head of state, and the ministers act on the instructions of the head of state, helping him to exercise his powers.

25. General characteristics and basic principles and systems of local self-government

local government - this is a management activity in a local territorial unit, carried out by the central government or the administration of a higher territorial level of government or by executive bodies directly elected by the population.

The European Charter of Local Self-Government understands local self-government as "the right and real ability of local self-government bodies to regulate and manage a significant part of public affairs, acting within the framework of the law, under their own responsibility and in the interests of the local population."

The two main systems for organizing local government are:

1. The Anglo-American system is characterized by the presence of local self-government at all levels below the level of the state, the subject of the Federation or autonomy (Great Britain, USA, New Zealand, Canada, India, other countries from among the former British colonies or dominions). This system is distinguished by the absence of a government-appointed representative who exercises control over the activities of local governments. The foregoing does not mean the absence of government control in general, it is carried out indirectly, with the help of judicial rather than administrative procedures. Thus, in Great Britain, where the “public” model of local self-government continues to maintain positions, there are no authorized representatives of the government in the field who take care of local bodies.

2. The continental system, in contrast to the Anglo-American, involves a combination of local self-government with local government in various forms (France, Italy, Belgium, Holland, Portugal, Spain and other states). One of these forms may be administrative guardianship, which was widely used until the 1950s. in Western Europe and consisting in the fact that the decision of local governments cannot enter into force without the approval of the local administrator appointed by the state. Another form is administrative supervision over the verification of the legality of decisions of municipal bodies. In this case, the administrator can challenge the decision only in court.

This system is based on a combination of elected local bodies with government-appointed plenipotentiaries who exercise administrative oversight over their work. Through the administrative court, he can annul the acts of the communal, departmental and regional levels. In some cases, the elected body of local self-government is simultaneously the representative of the state administration at the municipal level.

Government presidents appointed by the Länder governments report directly to the Minister of the Interior of the Länder. The government president has broad powers to oversee the public administration. The government presidium, as well as sectoral governing bodies, are directly subordinate to him. These management structures are a system of local government built on the principles of administrative subordination. Its lower link - heads of district administrations (landrats and district directors) are both officials and heads of the executive bodies of communal self-government. In this case, we observe a mixed version of the model: a combination of local self-government and government.

Principles of local self-government:

▪ Election of local authorities;

▪ Independence of elected municipal bodies, their independence from the center in the management of urban and rural affairs.

26. The procedure for the formation of local governments, the competence of local governments

Differ unified и non-unified local government models.

In the unified model, there is a unified local management system, municipal bodies of the same order have an equal status.

With a non-unified system, municipal bodies of the same order have a different legal status. The difference between models of this type is that each system contains large subsystems with their own centers of regulation and control of municipal activities, occupying an intermediate position between national authorities and localities. There are direct administrative relations of these bodies with the relevant government agencies.

According to the method of formation and the status of local self-government bodies, the "parliamentary" and "presidential" models are conventionally distinguished.

"Parliamentary" characterized by the election of local executive bodies by representative bodies from among its members. In many cases, the head of the local administration can simultaneously be the chairman of the local representative body. At the same time, the representative body is higher in relation to the head of administration.

"Presidential" model - direct elections by the population of both the representative body and the head of the local administration and even some officials of the executive and judicial branches (treasurer, prosecutor, justice of the peace). Having one common source of power, these elected bodies carry out their activities on a parity basis. Often both of these models can exist in the same state.

Of particular difficulty in organizing local self-government are federal states (USA, Canada). Each subject of the federation has here its own administrative-territorial division, which took shape in the process of historical development. In the Constitution of Canada, the status of local bodies is generally not clearly regulated. In paragraph 8 of Art. 92 of the Constitutional Act of 1867 states only that the legislatures of the provinces have the right to make laws concerning their municipal institutions. Because of this, as well as the characteristics of each subject of the federation, the administrative-territorial division in the Canadian provinces is not the same. Even within the same province, municipal bodies often have different forms (depending on the goals that are set for them, on the size of the population).

In unitary states, general control over local bodies is exercised by the central government (represented by one or more ministries). In federal states, the activities of local bodies are controlled, as a rule, by the subjects of the federation.

The system of municipal bodies in the United States is characterized by the absence of a clear delimitation of the legal status of municipalities of various types, the mismatch of the classification of these bodies with the division into urban and rural areas.

Municipal bodies are called upon to resolve only local matters related to the maintenance of the life of the local community. These include: managing the development of public utilities, municipal property, solving social issues, fire safety, sanitary control, etc.

The forms of implementation of local self-government are local referendums, people's law-making initiative, territorial bodies of public self-government are created, councils are elected, rural gatherings are convened. At the grassroots level, a headman can be elected. The village assembly can elect the head of the village administration or a collective body (council, committee, board).

27. Competence of local governments

Local authorities are responsible for cases related mainly to the service sector and policing.

The powers of local governments are usually established by special laws on local government and laws regulating certain branches of government (education, health care, etc.). In federal states, the determination of the rights and obligations of municipalities is the responsibility of the legislative bodies of the subjects of the federation. In the United States, some cities and a small number of counties have special self-government charters (home rules), which regulate the structure and competence of their municipal bodies. These charters are either approved by the state legislature or based on a state-designed model. In modern conditions, the regulation of the powers of local governments is becoming commonplace not by parliamentary acts, but by government decrees, instructions from ministries.

The powers of municipal authorities are divided into:

▪ mandatory;

▪ optional.

Mandatory include powers on matters of national importance. Thus, municipalities are obliged to maintain roads in order, ensure the sanitary condition of settlements, fire fighting, and maintain schools.

Optional are powers exercised at the discretion of the municipal authorities. These include the implementation of various types of public services: the creation of municipal utilities, housing construction, the organization of municipal transport, gas and electricity supply, municipal hospitals, libraries, theaters.

The main methods of municipal activity are:

1) regulation;

2) control;

3) direct management of municipal property, enterprises and institutions.

The regulatory and control activities of municipal authorities in the field of local economy and public services mainly consist in issuing licenses for the right to open and maintain shops, household and entertainment enterprises, trade in alcoholic beverages, engage in various crafts, etc., in establishing rules for trade, development , landscaping, in planning the development of settlements, in monitoring compliance with environmental legislation.

In the field of law enforcement, the municipal authorities are responsible for establishing rules of conduct in public places, fire and sanitary supervision.

Under the direct control of municipal authorities are municipally owned enterprises, as well as schools, municipal libraries, parks, charitable institutions.

28. Constitutional foundations of the judicial organization

The court is the bearer of a special branch of state power - the judiciary.

The state power of the court is concrete. The court considers and resolves specific cases and disputes arising from various conflicts in society (criminal cases, property claims, labor disputes, disputes of a political nature).

These issues are considered by the court during the trial, that is, in a special procedural form established by law. If the form of the process is violated, the decision of the court, even correct in essence, upon the complaint of one of the parties, in some countries - the protest of the prosecutor, is canceled by a higher court and the case is sent for a new trial to another or the same court, but necessarily in a different composition of the judicial board.

Judicial power is vested in the Judiciary. The collegium may consist of professional judges, one or more judges and jurors. People's assessors have the same rights as a judge in the process, making a decision on equal grounds with him by a majority of votes. Jurors, with the rarest exceptions, participate only in criminal proceedings and decide only the question of the guilt or innocence of the defendant. The judge determines the punishment.

The court considers and resolves certain conflicts in society that have arisen between its members - legal entities and individuals - in accordance with the law and the legal consciousness of the members of the panel of judges considering the case, and the inner conviction of the judges (collegium).

The activity of the court is designed to ensure the rule of law, including in relation to the state. When making a decision, the court can, on the basis of the law, deprive a person of freedom and even life for committing a crime, take away property from individuals or legal entities, dissolve a political party, force a state body to cancel its decision and compensate a person for damage caused by illegal actions of officials, deprive an unworthy parent parental rights, etc.

The court should not be guided by political or any other motives outside the law and its sense of justice when considering a specific case, making a specific decision.

Appeal to the court, as a rule, is paid for the parties. Therefore, in all countries there is a question about the availability of courts for the poor. In some cases, free legal assistance is provided, some types of claims are not subject to payment of court fees, such as alimony cases, labor disputes.

The length of the trial. Sometimes it takes years to resolve a case. This reduces the effectiveness of the judiciary.

Principles of administration of justice:

▪ administration of justice only by the court;

▪ independence of judges and their subordination only to the law. No government agency, official or other person has the right to tell the court how it should decide a particular case; judges decide cases based on the law and personal conviction;

▪ freedom of access to court. A case cannot be refused for reasons of lack of law or its ambiguity;

▪ collective administration of justice;

▪ conducting the trial in a language understood by the parties, or with the provision of an interpreter at the expense of the state;

▪ openness, i.e. open, public court;

▪ the possibility of appealing and reviewing a court decision through appeal, cassation, audit, which combines the features of appeal and cassation;

▪ state responsibility for a miscarriage of justice. The state compensates an individual or legal entity for damage caused to him by an erroneous judicial decision or improper administration of justice.

29. Principles of Justice

The activity of the court is based on the principles enshrined in the constitution. Some of them are of a general nature, others apply mainly to the criminal process, where the protection of individual rights during the process is especially important.

General constitutional principles include:

▪ administration of justice only by the court. Other officials and bodies of the state do not have the right to assume the functions of justice;

▪ freedom of access to court. A case cannot be refused for reasons of lack of law or its ambiguity. The court is obliged to accept and consider the claim;

▪ collective administration of justice;

▪ conducting the trial in a language understood by the parties, or with the provision of an interpreter at the expense of the state;

▪ glasnost - open, public court. Closed sessions are held if the process involves issues of state secrets or intimate relations of the parties;

▪ the possibility of appealing and reviewing a court decision through appeal (re-examination of the case on the merits according to the procedure of the first instance), cassation (verification of the implementation of the law by the court), audit, which combines the features of appeal and cassation (during the audit, you can not only check the legality and validity of the decision of the lower court , but also return the case for a new consideration, as in cassation);

The Constitution enshrines some special principles in the field of criminal process - guarantees of justice, since it is in the criminal process that judicial, state, coercion is manifested especially harshly.

Justice guarantees include:

▪ the right of the accused to have his case heard by a jury, who decide the question of guilt or innocence;

▪ the right to have the assistance of a lawyer from the moment of detention or arrest;

▪ the right to free legal assistance in cases established by law;

▪ presumption of innocence (everyone accused of committing a crime is considered innocent until his guilt is proven and established by a court verdict that has entered into legal force);

▪ prohibition of double punishment (no one can be convicted twice for the same crime);

▪ in the administration of justice, the use of evidence obtained in violation of the law is not allowed;

▪ the law establishing or aggravating liability does not have retroactive effect.

30. Constitutional status of judges

High demands are placed on the judge, which is associated with the powers granted to him, including the decision of the fate of people. The judge must answer professional requirements (higher legal education and, as a rule, a certain length of service in other legal positions), be of high moral character (not only the absence of a criminal record, but also a spotless reputation), to have certain life experience (usually the law provides for an increased age for holding the office of a judge).

The number of judges in different judicial institutions can vary greatly. Courts are formed in various ways. In many US states, judges are elected by the citizens. In the countries of totalitarian socialism, judges of lower courts are also elected by citizens or representative bodies, and judges of higher courts by representative bodies (for example, regional courts by regional councils, usually for five years). Judges are appointed either for life, but in practice they hold office until they reach a certain age, or for a fixed term. Judges may be prematurely removed from office for committing crimes, for unworthy, discrediting behavior.

The most important element of the status of judges is irremovability principle. This means that a judge cannot be removed from office before the statutory age limit, unless he has committed a crime or misbehaved (principle: a judge remains in office as long as he behaves), he can retire to resignation of his own accord. The removal of a judge from office can only be carried out by the bodies of judicial self-government, they also decide to initiate a criminal case against a judge (in totalitarian countries, such bodies are usually not created). Irremovability also means that the change of party in power does not affect the position of judges. In the countries of totalitarian socialism, judges, like deputies, can be prematurely recalled by the voters who elected them, or by the corresponding representative bodies.

Judges independent and subject only to the law. The principles of their depoliticization and departization are recognized. As a rule, judges cannot be members of political parties, participate in political actions, strikes. Judges are subject to the principle of incompatibility of positions: they cannot engage in other paid work, commercial and industrial activities. Family ties are excluded in judicial institutions.

Judicial power is exercised single judge or judicial panelacting in a special litigation. Outside of the trial, the judge can only have other powers. In Sweden, for example, a judge can conduct a compulsory inventory of property; in Ukraine, prohibit the alienation of property pending a court decision; Such orders can suspend the distribution of a newspaper, suspend a strike, temporarily, pending a court decision, postpone a public meeting in a public place or in the open air, etc.

The judiciary has a special body designed to control the behavior of judges, to decide on their appointment, transfer, promotion, and disciplinary liability of judges. This body inspects the courts, submits candidates for appointment to judicial positions or appoints judges itself (it is called differently in different countries). There are also qualification boards of the judiciary.

31. US Constitution

The US Constitution was adopted on September 17, 1787 by 55 delegates from the states of a specially convened constituent body - the Constitutional Convention. Two years later, on March 4, 1789, after ratification by 11 of the 13 states, it entered into force. This is a fundamental act of organizing state power and securing a judicial mechanism for protecting the fundamental rights and freedoms of citizens from encroachment by state bodies at the federal and regional levels. The Constitution and other acts enshrine the principles of republican government, federalism, separation of powers, supplemented by a mechanism of "checks and balances", and independence of the judiciary.

In the text of the Constitution there were no provisions on the foundations of the social system, articles on the political and socio-economic rights of the individual.

The US Constitution - the first written constitution, a progressive document that influenced the constitutions of many countries of the world. It consolidated the formation of a sovereign federal state, which occurred as a result of the liberation struggle of the people against the British crown, proclaimed the principle of popular sovereignty, determined the democratic principles of the organization of statehood, and established that federal law takes precedence over state law.

The US Constitution is a constitutional act consolidated in form and concise in content. It consists of a preamble (introduction), which is not its normative part, seven articles, respectively regulating: the status of the US Congress, the status of the President, the organization of the judiciary of the Federation, the federal structure, the procedure for change, and, finally, the last two articles are mainly of transitional and final provisions. In fact, articles are chapters (sections) for differentiating constitutional provisions.

Amendments to it are an integral part of the Constitution. Only 27 amendments were made to the Constitution. Constitutional amendments are not included in its main text, but are placed after it under the appropriate number.

In accordance with the Constitution, the United States is a presidential republic in terms of the form of government, and a relatively centralized federation, a country with a democratic state regime, in terms of the form of political and territorial structure.

Issues of constitutional law are also governed by state constitutions, state federal laws, and especially decisions of the US Supreme Court.

The American Constitution is tough, the procedure for changing which is significantly difficult. To introduce an amendment, it is necessary that at least 2/3 of the deputies of both houses of Congress vote for it, or by a special convention convened on the initiative of 2/3 of the states. These amendments are subject to ratification (approval) by the legislative assemblies of 3/4 of the states or 3/4 of the convention of states convened by decision of the federal Congress.

Of more than 10 proposals for amendments over the entire period of its existence. Congress passed 40, but states only ratified 27.

The most important amendments - the first ten (Bill of Rights), ratified at the same time as the Constitution itself, 12, 14, 15, 17, 19 amendments relating to suffrage, the famous 13th amendment, which recognized former Negro slaves as US citizens and about equal rights for citizens, 22 the 27st amendment, which establishes a ban on holding the office of president by the same person for more than two consecutive terms without a break, and the last XNUMXth amendment establishes a complicated procedure for increasing the amount of salaries for senators and members of the House of Representatives.

The interpretation of the constitution is carried out by ordinary courts and, above all, by the US Supreme Court, which has recently become an important instrument of the political system.

32. US electoral system

In the United States, elections are governed primarily by state law, as the Constitution leaves voter requirements to the discretion of the states. However, firstly, the election of the Congress and the President were originally regulated by the US Constitution, and Secondly, the federation has repeatedly intervened in resolving election issues, especially with regard to active suffrage (amendments that granted suffrage regardless of race and nationality, as well as women that abolished the "voting tax", lowering the voting age to 18 years).

Elections are universal, equal, since there are no advantages for certain social groups or categories of the population. Most US states do not require voter registration.

All representative bodies have direct elections, but the President and Vice President of the United States are elected by indirect elections (by electors). Elections are conducted by secret ballot. Constituencies for the House of Representatives are single-member, for the Senate - two-member (two senators are elected from each state, usually nominated by one or another party). For the election of the President and Vice President, the whole country constitutes a single national (federal) constituency.

The counting of votes for the election of President and Vice President is held in the Senate in Washington in public, in the presence of the press. In every state's congressional elections, the winners are determined either by commissions or by officials. In general, in the state, elections are organized either by the secretary of state or by an election commission formed from representatives of the parties that nominated candidates, and the precinct commission consists of paid volunteers.

For candidates for parliament, for the highest federal positions, in addition to having full political and civil rights, additional conditions are established: an increased age (for example, for the president - at least 35 years old), US citizenship by birth, permanent residence in the United States, residence in the state from which the person is elected. There is also a rule of customary law, according to which a candidate for parliament must live in the constituency from which he is running.

The winner is determined in the USA based on majority system of relative majority (President and Vice President - based on an absolute majority of electors). There is no mandatory percentage of voter turnout for voting, elections are recognized as having taken place with any number of voters (less than half of registered voters usually participate in parliamentary elections, more than half in presidential elections). There is a fund for financing the presidential elections, where each taxpayer (individual) can, if he wishes, send three dollars from his taxes to this fund when filling out a tax return.

There are limits on donations and certain restrictions. Corporations and labor collectives cannot make donations, but they can set up political action committees (which can and usually are committees of the two main parties) to which donations are sent.

The amount of donations to a candidate or an election committee of a candidate is limited for individuals to $1 for one candidate (his committee), from $5 to $15 for a committee of several candidates for one election. An individual can donate up to $20 a year to the Party Committee. One political committee may donate to another committee from $1 to $5, and in some cases (if there are multiple candidates) without restrictions.

33. Congress, presidency, judiciary of the United States

All powers of the legislature belong to the organ of popular representation - US Congressconsisting of two chambers: the Senate and the House of Representatives. Both chambers are elected on the basis of universal, direct, equal suffrage by secret ballot.

The Congress works in sessions - one session annually with breaks for vacations.

The House of Representatives consists of 435 deputies elected on the basis of a majoritarian system of relative majority without the requirement of a quorum. The House of Representatives is headed by a Speaker elected by the House itself (its party majority). He leads meetings, sends bills to committees, has the right to vote, etc.

The Senate is made up of 100 members elected regardless of population, two from each state based on the same electoral system.

Powers include passing laws and resolutions; the right to declare war, to decide on the formation of the armed forces, to announce the call of the police to repel the invasion of the country; the establishment of federal courts, the regulation of the procedure for acquiring citizenship, patent and copyright law, the regulation of trade with foreign countries, the establishment of uniform measures and weights, etc. Special powers include the powers of each of the chambers to organize impeachment proceedings, elect the President and Vice President, if the electors fail to elect them. The chambers have equal rights in the legislative process. The law is considered adopted if the majority of parliamentarians in both chambers voted for it. Only financial bills must be introduced in the House of Representatives.

The President of the United States is the head of government, the entire system of executive power and at the same time the head of state. The post of prime minister is not provided.

The president is elected for four years. In the event of early termination of his powers by the head of state, his functions are performed by the Vice-President during the entire period remaining before the elections. The president is elected through a complex system of indirect elections in which voters vote for an electoral college, which then elects the head of state. The head of state is inviolable.

Powers:

▪ execution of laws;

▪ appointment and removal of ministers;

▪ determination of the powers of all officials at the federal level, representation of the state in foreign relations;

▪ management of foreign and domestic policy;

▪ publication of decrees and executive orders.

He, being the Supreme Commander, decides on the use of the armed forces, appoints members of the Supreme Court with subsequent confirmation by the Senate, addresses the country with messages, pardons, etc.

The United States has historically developed a two-tier judicial system, with each state having both federal and state courts.

The centralized federal court system consists of three branches: district courts, district courts, and the Supreme Court of America. In addition, the system of federal courts includes the so-called specialized courts, which have separate jurisdiction with the right to pass sentences and decisions.

The Supreme Court is the highest court in the United States. The Supreme Court is the highest court of appeal, which reviews the decisions and sentences of lower courts.

The state judiciary consists of three or four branches:

▪ "lower courts" (magistrates' courts, police courts, etc.);

▪ courts of first instance (county courts, district courts, city courts, etc.);

▪ appellate courts;

▪ superior (supreme) courts, which are the highest court of the state.

34. Government of the USA

The American Federation is made up of 50 states, the District of Columbia, and dependent territories.

Characteristic features of American federalism:

▪ unconditional priority of the federal Constitution and federal laws in relation to the legal provisions of the states;

▪ the presence of two levels of management (the Federation and its subjects), ensuring the distribution of annual financial income for each of these levels;

▪ identical constitutional status of the subjects of the Federation (no classification of states according to their national composition);

▪ clear division of powers between the Union and the states. Moreover, the powers of the Federation are exclusive, while the powers of the states are residual: these are issues of adopting their own constitution, determining the regional system of government bodies, administrative division, issues of criminal law, and electoral legislation. The subjects of the exclusive jurisdiction of the states are not specifically listed in the Constitution; they are considered issues that are not directly within the jurisdiction of the Federation. The US Constitution provides for the legal possibility, through the issuance of an ordinary law by Congress, to expand the constitutionally established range of items under exclusive jurisdiction, which has been repeatedly used in the practice of the American Federation;

1. Constitutional guarantees of the territorial integrity of the Federation (absence in the Constitution of the right to secession; assignment of the solution of all issues related to the protection of the integrity of the state from encroachments by external and internal enemies, exclusively to the Federation: only the American Congress has the right to recruit and maintain armies, navies, issue rules on the management and organization of the armed forces).

2. A special region has been singled out - the Federal District of Columbia, which has the special status of a capital district, in respect of which, according to the Constitution, Congress has exclusive legislative powers;

3. A special status has been established for unincorporated territories (Puerto Rico, Guam, the Federation of Micronesia, the Virgin Islands, Eastern Samoa, etc.). These territories have an advisory vote and can theoretically terminate or suspend their privileged relationship with Washington;

4. There is a fairly wide range of powers of the states in the sphere of their own domestic policy (the states themselves establish mandatory requirements for the passage of party candidates for public office through the primaries (primary elections); other states, unlike the federal legislature, can create a one-party parliament);

5. The special status of the judicial system, including federal and state courts.

The structure of state bodies is similar to the structure of federal bodies. Legislative assemblies, with the exception of one state, are bicameral, elected on the basis of universal, equal, direct suffrage by secret ballot. The names of these chambers are also the same: the House of Representatives and the Senate.

The chief executive of the state is the governor, who is directly elected from a single-member constituency. Along with him, a lieutenant-governor (deputy) is elected. In half of the states, they can be elected only for 2 terms, in others re-election is not limited. Laws are submitted for signature to the governor, who in 49 states has the right of suspensive veto. Some officials - treasurer, attorney, etc. - can be elected directly by citizens.

Congress may admit new states into the union, but may not establish states within existing ones. The merging of states into one is possible only with the consent of Congress and state legislatures.

35. US Local Government

The system of local self-government and government in the states is built on the basis of administrative-territorial division, and the latter is the responsibility of the states.

Most states are divided into counties. In total, there are more than 3 thousand counties in the USA.

Their population elects county councils and many officials - a sheriff in charge of public order, a prosecutor or an attorney - a representative of the state, treasurer, etc. In 3/4 of the states in the counties, a council of commissioners is elected. Council members are not entitled to be members of the executive bodies and hold other positions. They alternately elect a chairman and collectively resolve local issues and manage finances. In a few states it is a board of controllers. It consists of elected members (delegates) - municipalists and townships included in the county. There are many more of them, usually about 20 people, but they all become county officials and deal with its affairs. Under the direction of the council and these officials, municipal officials work. The council decides mainly on issues of the local budget and determines development programs.

Cities are separated from the counties and have their own system of self-government. Most cities use the council-manager system. The manager, who is the head of the administration, is not elected by the population, but is appointed by a council of experienced managers, that is, he acts as a hired official. Therefore, the board always has the right to dismiss him. The entire power is practically concentrated in the hands of the manager, although there may also be a mayor elected by the population, but only for representative functions.

The commission form of city self-government, as it were, rejects the separation of powers, combining legislative and executive functions in the hands of a single commission. This commission, consisting of 5-7 members, is elected by the residents of the city for a period of 2-4 years, it itself issues the necessary legal acts and through the members of the commission organizes their implementation. Each member of the commission heads the department and the municipality and, therefore, acts uncontrollably. One of the members of the commission becomes the chairman of the commission.

Inside large cities, often formed by the merger of several neighboring cities, and sometimes counties, there are several independent municipalities (metropolitan regions).

The population elects councilwho elects the mayor; but the mayor only presides over the council and does not engage in managerial activities. Management is carried out by a specialist hired under a contract - an official-manager.

The counties are subdivided into towns и townships. Towns are called small towns with surrounding environs, and townships are a group of approximately homogeneous villages. In small administrative-territorial units, meetings of residents are held at which general issues are resolved and an executive committee is elected. In larger units, residents' meetings are held in townships. Along with the resolution of general issues and the election of the executive committee, the meetings of citizens also elect certain officials: the treasurer, the constable - responsible for public order.

In administrative-territorial units, cities, various advice и committees on various issues.

In addition to administrative-territorial units, many special districts have been created in the United States, which do not coincide with the administrative-territorial division, but are due to natural causes and natural factors. In such districts, the population elects either committees or officials, or the body that created the district appoints officials here.

36. General characteristics of the British constitution

The British Constitution is considered unwritten, because along with written documents, unwritten constitutional customs are an important part of it, which regulate sometimes minor, ritual issues of parliamentary meetings, and sometimes fundamental issues.

At the end of the XVII - beginning of the XVIII century. a set of normative acts was adopted, which, together with previously established customs, laws, legal precedents, possessed almost all the features of a constitution in the modern sense of the word.

Among them should be mentioned:

1) the famous Habeas Corpus Act of 1679 (An act to better ensure the freedom of subjects and to prevent imprisonment across the seas). This document forbade arbitrary arrests, established judicial control over detainees;

2) the Bill of Rights (1689), which finally recognized Parliament as the legislature;

3) Act of succession to the throne (1701), regulating the status of the monarch;

4) Act of Union with Scotland (1706).

In the XX century. Parliament adopted such important acts that are part of the English constitution, such as statutes regulating: suffrage; the structure and powers of the chambers of parliament; territorial organization and local self-government. There are more than 40 such acts of parliament that have constitutional significance.

The UK Basic Law covers a wide variety of sources: statutes, judicial precedents, constitutional customs (constitutional conventions), doctrine.

Constitutional norms may also be contained in acts of delegated legislation.

The peculiarity of constitutional agreements is that they are valid as long as their participants agree with them. Therefore, violation of customs does not entail legal liability, they are not recognized by the courts, and then their observance is considered as a commitment to centuries-old traditions and foundations in a country with a high level of political and legal culture. These include: the rule of appointing the leader of the party that won the election as the Prime Minister, the obligatory signing by the monarch of an act adopted by both houses of Parliament, the procedure for convening the Houses of Parliament and dissolving the House of Commons, etc.

Judicial precedent - These are the decisions of the so-called high courts (Court of Appeal, High Court, etc.), which publish their decisions, which are binding when considering similar cases by lower courts. Court decisions may be based on laws and prior judicial precedents. Therefore, the totality of such precedents has received the name of common law; it also contains precedents of constitutional significance. Court decisions can be based on moral and ethical standards that correct "unfair" legal norms. Both of these branches of judicial decisions are combined under the general name of case law. Judicial precedents regulate mainly questions related to the privileges of the crown, as well as many rights of citizens (subjects).

An integral part of the British constitution are doctrinal sources - the published opinions of famous jurists on constitutional law. Courts turn to them to substantiate their decisions in cases where there are no other sources regulating specific relations.

According to the constitution, Great Britain is a parliamentary monarchy, a complex unitary state with autonomous units, a state with a democratic regime under a two-party system.

This constitution is flexible, which makes it possible to quickly adapt to changing relations.

37. The constitutional and legal status of the individual in the UK

The UK distinguishes between citizens of the United Kingdom of Great Britain and Northern Ireland, citizens of the British Commonwealth and citizens of dependent territories. Their rights are not exactly the same, but this applies mainly to issues of passive suffrage and entry to permanent residence in the UK.

Citizens of the United Kingdom of Great Britain and Northern Ireland have all rights and freedoms, and above all the right to free entry and exit from the country.

Ways to acquire citizenship:

1) by birth, a child born in the UK is considered a British citizen if at least one of his parents is a British citizen or permanently resident in the United Kingdom;

2) by origin, a child born outside the territory of Great Britain is considered to be a British citizen if at least one of his parents is a British citizen, but not by origin, since the acquisition of British citizenship by origin is possible only in one generation;

3) by naturalization, persons of full age who meet the requirements established by law acquire citizenship. In the case of marriage to a British citizen, the law provides for lesser requirements for those wishing to acquire citizenship through naturalization;

4) by registration.

Since in the UK there is no clearly defined legal division of constitutional and other norms, there is no division of the rights, freedoms and duties of the individual into constitutional (basic) and others. In practice, the content of fundamental rights is determined not so much by laws as by judicial precedents and constitutional customs.

Certain guarantees of basic (constitutional) socio-economic rights are fixed, although these rights themselves are not clearly fixed anywhere. These rights are assumed to exist naturally, and the laws speak of rights and guarantees derived from them. We are talking about unemployment benefits, free schooling, the right to strike, the right to equal pay, pensions, public health, etc. The UK has it all.

Political rights (freedom of speech, assembly, rallies, demonstrations) are regulated mainly by customs, the law also assumes these freedoms to be natural and only establishes certain requirements for their implementation, for example, notification or permission of the police to hold demonstrations, the right of the police to prohibit certain term rallies in areas where unrest is possible on a social or ethnic basis, etc.

Personal rights are regulated by few laws, but the specific regulation of these rights is usually associated with acts of procedural actions, with judicial precedents.

In recent decades, when the Conservatives were in power (until 1997), some provisions of the legislation on the rights of citizens were tightened - in relation to trade union freedoms and strikes, some restrictions on personal rights were introduced in connection with acts against terrorism.

In the UK there are several parliamentary commissioners (commissioners, ombudsmen), including the Commissioner for Administration, who monitors, in particular, the observance of the rights of citizens by government bodies.

There is freedom of religion in the UK, there are church associations of Catholics, Jews, Muslims, Buddhists, but the Anglican Protestant Church is the state church. The decision of its synod takes effect after the approval of the Parliament and the approval of the monarch.

38. Political parties and party system in Great Britain

In Britain, a two-party political system has been established, based on competition and interaction between the bourgeois Conservative and the center-left Labor parties. At the national level, there are also about ten parties.

occupies an important place in social and political life Labor Party. It is a centre-left, social democratic organization with a rich history. One of the tasks set during its creation is the representation and protection of employees in parliament and other government bodies. Since that time, Labor has repeatedly won elections and formed a government. Now the Laborites are defending the interests of not only workers, but also small entrepreneurs and employees, that is, they are gradually turning into a people's political organization, pushing social barriers and stereotypes. The ideological and theoretical basis of the party is the ideology of democratic socialism.

In the party leadership, strong positions still belong to the largest trade union center - the British Congress of Trade Unions.

In organizational terms, the Labor Party is a kind of federation, consisting of both collective members and individuals who are members of this organization on the basis of individual membership. The latter represent a minority in the overall composition of the party.

The decisive role in the formation and implementation of party policy belongs to Labor faction in the British House of Commons. The working body of the party is the national executive committee, elected at the annual autumn party conference. However, the real power is concentrated in the hands of the party leader, who, if he wins the election, becomes the head of government.

Labor's main rivals are Conservatives. They took organizational shape in 1867, although some elements of the party structure and ideology had existed since the end of the XNUMXth century. This respectable and influential party has been in power more often and for a longer period than any other in the past century. Initially, the conservative party expressed the interests of large landowners and the clergy, and later - the bourgeoisie. She preaches traditional right-wing conservative ideals and values, but at the same time taking into account the "British specificity". The conservatives have strong positions in parliament, regional authorities and municipalities, and enjoy the support of big business. There are several political currents within the party, but in general the party advocates limiting state regulation, developing private initiative, reorganizing the economy by reducing inefficient industries, reducing state subsidies, denationalizing some industries, and paralleling state-owned alternative private facilities in order to increase the efficiency of the former.

Social Democratic Party established in 1981 and radically reorganized in 1988. In 1988, the Party of Social Liberal Democrats was established. In terms of their economic demands, both of them, contrary to their names, are centrist, closer to the conservatives, in politics they demand a strengthening of the role of the Parliament. The national parties are small associations of two communist parties, the Social Democratic Labor Party, the Green Party, not represented in Parliament.

Several parties have a local character. In Scotland there is the Scottish National Party (80 thousand members), in Wales - the Welsh Rational Party (Plyde Camry). The Ulster Unionist Party, the Ulster People's Unionist Party, and others operate in Northern Ireland.

39. UK government system

A feature of the functioning of the British Parliament is the absence of a written constitution in the state, so many of the Norms of parliamentary life, relations with the government remain regulated by constitutional (conventional) agreements and legal customs.

The British Parliament is made up of House of Commons и House of Lords. At the same time, the British monarch is considered an integral part of the Parliament.

The most important feature of the Parliament is also that one of its chambers - the House of Lords - is formed by inheritance, in other words, on a non-elected basis. Membership in it is conditioned by obtaining a title of nobility, which gives the right to be a member.

There are currently four types of membership in the House of Lords:

▪ spiritual lords;

▪ Law Lords (former and current senior judicial officials appointed to the Chamber to provide qualified assistance in resolving court cases);

▪ hereditary peers;

▪ life peers (who received the title and seat in the House for distinguished services to the Crown), they do not have the right to transfer their title by inheritance.

Lower Chamber - The House of Commons is the only elected central body of state power. Only members of this House may be called Members of Parliament. Any British subject may be elected to the House.

Elections to the House of Commons are held under a majority system. At the same time, there is no requirement that a candidate receive a minimum percentage of all votes.

In general, competence The House of Lords includes the following powers:

▪ legislative (ensures the participation of the chamber in the legislative process (consideration in accordance with the procedure of introduced bills - bills, the exception here is a special requirement for the introduction of financial bills, which are introduced only in the House of Commons; amendments to bills adopted by the lower house, etc. ));

▪ control (consists of soft control over the work of the executive branch);

▪ Judicial (determined by the fact that it is the highest court of the country. It has the jurisdiction of the Supreme Court of Appeal. The decision it renders on appeal is final.).

Monarch considered as part of the legislative, and executive, and judicial powers. The monarch personifies the symbol of the nation, the stability of British statehood. He is regarded as the head of the state church.

The monarch has the right to special state regalia and privileges in accordance with the status of the person and traditions: crown, mantle, title, scepter, ceremonial, royal court, palaces, tax exemption of the monarch and family.

The monarch has the right to convene and dissolve Parliament, the right to sign bills passed by Parliament, the right of an absolute veto, the right to appoint and dismiss ministers, the head of the Cabinet, to manage the armed forces, administer the property of the Crown, pay honorary titles, titles of nobility, appoint members of the House of Lords, etc. d.

UK government is the highest political executive body, heading the state administration and exercising state administration. The majority of bills come from the government.

The government is formed after parliamentary elections with the decisive participation of parliament, to which it is responsible. If no confidence is passed against the government, it must resign.

The Prime Minister is the leader of the party that wins the most seats in the House of Commons. He heads the government.

40. Political and territorial structure of Great Britain

United Kingdom - a complex unitary state with political (Northern Ireland and Scotland) and administrative (Wales) autonomy. A special position is also occupied by several small islands around Great Britain (Sark, Maine, the Channel Islands, etc.). They are considered associate members of the Kingdom of Great Britain and Northern Ireland and have their own legislative bodies (on local issues). In addition, Great Britain has colonial possessions: this is St. Helena, other small islands, Gibraltar.

Northern Ireland has had political (legislative) autonomy since 1920. Northern Ireland has a parliament that elects an executive council. Parliament has the right to adopt laws on the economy, finances and taxes of the region, public security, health, education, protection of natural resources. At the same time, there is an international monitoring (for the preservation of peace) Anglo-Irish Commission, as well as an international commission for the disarmament of the warring parties (Catholics and Protestants).

Scotland and Wales have received autonomy since 2000, different in terms of their powers. Parliament has the right to make laws and establish local taxes, the representative body of Wales has no such rights. The Scottish Parliament will control the health care, education, police, but the policy in the field of defense, foreign affairs, currency and monetary regulation will remain with the center. The powers of the Welsh Parliament are limited to issues of economic development of autonomy, education, culture and ecology. He himself will manage subsidies from the center.

The coastal islands are treated as crown estates, have local legislatures, but their decisions come into force after royal assent. The monarch is represented here by the Lieutenant Governor.

The territory of England and Wales is divided into counties, and the counties district. Scotland is divided into 32 local government units. Northern Ireland is divided into counties. Since the reorganization of the government of Greater London, its wards have councils and mayors, but Greater London has neither a mayor nor a council.

The counties in the counties are divided into parishes or community - the lower link of the administrative-territorial division.

In all administrative-territorial units, councils are elected for a term of four years. Only in small parishes decisions are made at general meetings (gatherings) of residents - persons with the right to vote. Commonwealth citizens, as well as citizens of the Republic of Ireland, who satisfy the electoral qualifications and live in the territory of this council, can participate in council elections.

There is control from the center:

▪ Along with the laws of Parliament, ministers issue mandatory instructions for the local services under their control;

▪ there is an institution of adaptive laws; in essence, these are not laws of Parliament, but standard instructions from ministries that can be adopted by local councils as models for their own regulations;

▪ control is carried out in the form of ministerial inspection (work check), the right to which is vested in some ministries in contact with local government (education, roads, police, etc.);

▪ Ministers can launch special investigations if “rogue practices” are discovered in the local council services they control;

▪ control is ensured by the fact that many municipal government officials must be approved not only by local councils, but also by departments of the relevant ministries.

41. Constitution and constitutional development of the French Republic

France has a long constitutional history. Since the Great Bourgeois Revolution of the late 17th century. France adopted XNUMX constitutions and constitutional charters.

The Constitution of 1958, adopted by referendum, established the Fifth Republic in France, laid the foundations for a new organization of the highest bodies of state power, which in the scientific literature was called a semi-presidential (mixed) form of government.

For the first time in French republican history, a constitutional text was not developed by a constituent assembly, but was delegated to a popular politician, General Charles de Gaulle.

The constitution includes three acts: the 1958 Constitution, the 1789 Declaration of the Rights of Man and the Citizen, and the preamble to the 1946 Constitution.

The Declaration of 1789 and the preamble to the Constitution of 1946 mainly concern the rights and freedoms of man and citizen, the principles of national sovereignty, and the recognition of the people as the sole source of power.

The current version of the 1958 Constitution consists of a brief preamble and 15 sections, uniting 85 articles. Two sections were excluded by the 1995 Constitutional Law.

The 1958 constitution contains no provisions on the socio-economic structure of society; it contains almost no provision on the political system, no section on the legal status of the individual. Separate provisions of a socio-economic nature are contained in the Declaration of 1789. In more detail, some economic, political and social principles are named in the preamble of the Constitution of 1946 (participation of workers in the management of enterprises, freedom of labor and obligation to work, the right to education, health protection, trade union freedoms , social services for the population, renunciation of war for the purpose of conquest, the possibility of limiting state sovereignty to protect peace and on conditions of reciprocity).

France is proclaimed a legal, secular, social state.

Most of the constitutional norms regulate the system of public authority, which is based on the principle of separation of powers. The President of the Republic is endowed with broad key powers to govern the state and in relation to all branches of power. The legislative activity of the Parliament is limited by the Constitution on a number of issues. The status of the Constitutional Council, the body of constitutional control, has been determined. A number of provisions are devoted to the organization of local self-government.

The transitional provisions of the constitution gave the government the right to issue ordinances having the force of law.

France's form of government - a semi-presidential, semi-parliamentary republic, in the form of a political and territorial structure - a complex unitary state with a democratic regime.

The constitution of the Fifth Republic was repeatedly amended. The constitution is rigid. Two procedures for change: the approval of the constitutional law in a referendum and the adoption of amendments to the Constitution by the Constitutional Congress (a specially convened representative body). Only after approval by a qualified majority of both chambers of the national legislature, the constitutional law is submitted to a referendum.

The French Constitution underwent the most serious changes in connection with the entry of the state into the European Communities and the European Union in 1992.

The 1958 constitution contains an important condition - the inadmissibility of revising the republican form of government.

42. Constitutional rights and freedoms

The Constitution of 1958 mentions only certain rights (equality, suffrage, the collective right of peoples to self-determination).

This is discussed in more detail in the Declaration of 1789 and in the preamble to the Constitution of 1946. Separate rights and freedoms of the individual are enshrined in earlier laws, which are generally referred to in the preamble of the Constitution of 1946.

Some rights of citizens were recognized only after the Second World War (for example, equality of voting rights for men and women was enshrined in the Constitution of 1946). The content of these provisions was expanded by the interpretations of the Constitutional Council, as a result of which all these documents in the aggregate fix the list of individual rights and freedoms that meets international standards.

An integral part of the foundations of the legal status of an individual is principle of equality. Constitutional acts recognize equality before the law, equal rights for men and women, equality regardless of race or nationality, equal right to work regardless of origin, views or religion; equal access to education and acquisition of a profession.

Among the socio-economic rights include: the right to property and its inviolability (withdrawal is possible on the basis of law, for public needs and subject to fair and prior compensation), the right to equal taxation in accordance with the state of citizens and control over compliance with this, trade union freedoms and the right to strike (cannot strike some civil servants; emergency medical workers, air traffic controllers, information service workers, etc.), the right of workers to participate through delegates in the collective determination of working conditions and in the management of enterprises, etc.

Political rights include: freedom of association, speech, press, assembly, rallies, demonstrations, the right to public office.

Constitutional documents establish personal rights based on the concept of natural human rights (inviolability of the individual, freedom of conscience).

The constitutional documents speak of the right of the individual and the family to the necessary conditions for development, the right to health care, material security, recreation, free education at all levels.

French constitutional law provides individual responsibilities: work, pay taxes for public needs. Free and secular education at all levels, assistance to the poor are proclaimed as the duties of the state.

The protection of constitutional rights and freedoms in France is carried out not only by general and administrative courts, but also by special bodies - the Constitutional Council and the Council of State. Citizens in case of violation of their constitutional rights can apply to the Constitutional Council, but only after passing through other instances. The State Council considers acts of the executive branch, including in order to identify violations of the constitutional rights of citizens, but only if these acts are issued as independent, and not in development on the basis of the law.

There is a special organ parliamentary mediator. Complaints about violations of constitutional rights can only be addressed to him through members of Parliament; he cannot conduct his own investigation, he draws the attention of state authorities to violations.

In the Declaration of the Rights of Man and Citizen of 1789, some general principles for the exercise of rights are recorded: freedom consists in the ability to do everything that does not harm another, its boundaries are established only by law; no one can be forced to do what is not prescribed by law.

43. Political parties and party system

In 1958-1981. in France there was a dominant party system based on the privileged position of an influential party "Union for the Republic" (OPR), and the name of the party has changed several times.

This is a bourgeois centrist party founded in 1958 by the closest associates of General de Gaulle. She preaches traditional liberal values, advocates accelerated European integration, taking into account the interests of France. Party documents set the task of creating a mass and authoritative political organization that has support in various sectors of society under the populist slogan "To be everywhere." The ideology of the greatness of France and its culture, as well as the idea of strong presidential power and political stability, are consistently defended.

From the second half of the XIX century. the presence of socialist organizations is noticeable on the French political scene.

Modern French Socialist Party (FSP) was established in 1971 on the basis of the unification of a number of small social democratic organizations under the leadership of the popular politician F. Mitterrand, President of France in 1981-1995. The FSP acts under the slogans of democratic socialism, for a fair distribution of the social product produced under the control of the state, in defense of wage laborers and small entrepreneurs. Since the late 1980s the party is going through a serious ideological and political crisis, which has not yet been overcome and has even intensified after the defeat in the last presidential and parliamentary elections.

Operates on the left flank French Communist Party (FKP), founded in 1920. In the 30-50s. it was popular not only among people engaged in industrial or partly agricultural production, but also among intellectuals. The role of the communists in the resistance movement is also significant. In recent years, the PCF has been losing its traditional electorate and former influence, and the number of members has been decreasing.

There are several active bourgeois parties, blocs and movements in the country - the Center for Social Democrats, the Republican Party, the Republican Party of Radicals and Radical Socialists, the Union for French Democracy. On the far right, there is the National Front group, which widely exploits the outwardly attractive, but politically dangerous slogan "France only for the French."

The foundations of the status of parties in French constitutional law were first defined by the 1958 Constitution:

1) the principles of the creation and activities of parties (created and operate freely);

2) the direction of the activities of the parties (contribute to the expression of the opinion of the people by voting);

3) restrictions related to their structure and activities (must respect the principles of national sovereignty and democracy - this means that the internal structure of the party, its activities must comply with democratic principles).

There is no special law on political parties in France; their creation and activities are governed by the Association Acts 1901 and 1971. Five different types of associations are provided for, an association can be created by two people. Parties are created without any permission, by submitting a declaration (application) to the bodies of the Ministry of Internal Affairs. To obtain the rights of a legal entity, they must be registered with the same bodies.

Laws adopted in the 90s regulate the financing of political parties by citizens and the state. For individuals, there is a certain limit on financial donations to parties. Parties must publish their financial statements annually, otherwise they will lose state support.

44. System of public authorities of France, suffrage and electoral system

France is mixed (semi-presidential) republic, whose system of government is based on the principle of separation of powers.

France today is a republic with a strong executive power, which is carried by the President and the Government (Council of Ministers). Together they form the central executive branch.

President is elected for five years by universal and direct elections under the majoritarian electoral system of an absolute majority in the first round and a relative majority in the second round.

President is the head of the Republic, the supreme commander in chief, the guarantor of national independence and the integrity of the territory. The head of the Republic has broad powers to govern the state.

Government is a collegial body, it includes the state administration, police, national security agencies, the Armed Forces. The government in its entirety is called the Council of Ministers, its chairman is the President. Acts of the Government, which are subordinate in nature, are subject to signature by the President. However, according to the Constitution, in a number of cases, the government has the right to ask the parliament for permission for a limited period to carry out by issuing ordinances activities related to the sphere of regulation of the law. The decisive role in the formation of the government belongs to the President of the Republic. He single-handedly appoints the prime minister, and on the proposal of the latter, other members of the government. The government bears political responsibility to the lower house, which is implemented by passing a resolution of censure (a vote of no confidence).

France's highest representative and legislative body is the bicameral Parliament. The lower house - the National Assembly, whose deputies are elected for a term of five years on the basis of universal and direct suffrage, is considered as a body of national representation. The Senate, whose members are elected for a term of nine years by indirect elections, represents the interests of the territorial collectives.

Judicial branch represented by courts of general jurisdiction and administrative courts. The prosecutor's office, whose task it is to maintain public prosecution, operates under the courts. The courts of general jurisdiction are headed by the Court of Cassation. Administrative courts resolve administrative disputes and give an opinion on the legal side of conflicts. The highest body of administrative justice is the State Council.

In France, there are many control and advisory bodies that assist the Parliament and the Government. These include the Constitutional Council, the Chamber of Accounts (Court of Accounts), the Superior Council of Magistrates, which is in charge of judicial administration (appointment, removal, relocation of judges).

Citizens with political and civil rights who have reached the age of 18 by election day enjoy active suffrage.

Passive suffrage for elections to the National Assembly is established from the age of 23, to the Senate - from 35 years. There is no minimum or maximum age for the President.

For candidates there is electoral deposit: 1 thousand francs - for the lower chamber, 2 thousand - for senators, 10 thousand - for candidates for the post of President.

The lower house is elected for five years in two rounds by a mixed majoritarian system; in the first round, an absolute majority is required for election, in the second - a relative majority.

Senators are elected for nine years by indirect elections - by a special electoral college.

45. Administrative-territorial division and local self-government

France is divided into regions, departments, districts and communes.

There are no elected bodies of self-government in the administrative districts, the district is managed by an appointed from above subprefect. There are historical and geographical units - cantons, which do not have their own self-government and management bodies, but are used as constituencies for elections to departmental councils.

A special position is occupied by Corsica, which is a form of political autonomy, an island in the Mediterranean Sea (there is a local legislative parliament (Assembly) with limited competence, a narrower collegial body elected by it, but local executive power is exercised solely by its chairman elected by the council). The control over the legality of the activities of these bodies is carried out by the prefect, who is appointed by the government. The government may dissolve the Parliament of Corsica.

New Caledonia is an associated state of France, has a local parliament and an executive body elected by it, but a representative of the state is also appointed to New Caledonia.

The lower administrative-territorial unit is commune (community). Large cities also have the status of communities, but with broader powers. The community elects a council for a period of six years according to the majority system.

The council, in turn, elects the mayor and his deputies in charge of administration by secret ballot for six years. The mayor is simultaneously the chairman of the council and, ex officio, the representative of state power in the commune. Each commune has its own charter.

In the departments, the general (departmental) council is also elected for six years according to the majority system. He is in charge of approximately the same issues as the communal council, but his powers are much broader.

The executive body of the council is the chairman of the council elected by it.

In regions uniting 3-8 departments, a regional council is also elected. It has a more extensive system of services, a number of committees that perform advisory rather than administrative functions.

The executive body of the council is the chairman elected by it. Along with it, the council of the region elects the bureau. Some metropolitan departments are divided into intra-city districts with elected councils and mayors.

Along with the elected bodies in France, in the administrative-territorial units there are officials appointed from above - representatives of the state. In a region it is a regional prefect, in a department it is a prefect of a department, in a district that is not a "territorial collective" and does not have its own council, there is a sub-prefect (he exercises the same powers as the prefect). He is appointed Council of Ministers, represents the government and each minister in its administrative-territorial unit, manages the activities of public services, is responsible for observing national interests, laws, and for maintaining public order. The prefect is responsible for the state of agriculture, for social issues, sanitation, landscaping, and manages the police.

The prefect does not exercise administrative guardianship over local governments, but has the right to control them from the point of view of legality: all decisions of local councils must be executed from the moment they are presented to the prefect, regardless of their visa. These decisions must be submitted to the prefect within 15 days, who, if he considers them illegal, may, within two months, apply to the local administrative court to annul them.

46. Constitution and constitutional development of Germany

After the end of World War II, Germany was divided into four occupation zones. In the three western zones that were under the influence of the occupying powers - the USA, England, France - during 1946-1947. democratic constitutional documents were adopted.

Thus, in 1949, the Federal Republic of Germany was formed on the territory of the western occupation zones. The new state needed a new Constitution. However, in order to emphasize that this is not a permanent document, but an act regulating the foundations of the political system in the period until the complete reunification of Germany, the name "The basic Law"and not the Constitution. The Basic Law was adopted by the constituent body - the Parliamentary Council, which included representatives of political parties elected by the Landtags (parliaments) of the West German lands and entered into force on May 24, 1949. The Basic Law was approved by the occupying powers, it became mandatory for all West German lands. The exception was the city of Berlin, whose status was regulated by a quadripartite agreement of the victorious countries (USSR, Great Britain, France, USA).

German Basic Law consists of a short preamble, 14 sections and 146 articles, with three sections included in the basic text of the constitution already during its period. A feature of this act, which distinguishes it from other constitutions, is that the first section is devoted to fundamental human rights and freedoms. Much attention is paid to personal (civil) rights. The right to human dignity is specifically fixed. Restriction of the rights and freedoms of citizens is allowed.

The second section of the Basic Law governs relations between the federation and the lands, as well as the foundations of the country's political system. The federal structure led to the construction of a democratic system of state structures from top to bottom. According to the form of government, Germany is a parliamentary republic with strong positions of the head of the federal government - the Chancellor. The remaining sections of the constitution regulate in detail the legal status of the highest bodies of state power, the system of legislation of the federation and the implementation of federal laws, as well as the general tasks of the federation and its subjects.

The Federal Republic of Germany is defined by the constitution as a democratic, social and legal state. The guarantee of a democratic state is the provision that all power comes from the people, who exercise it through elections and various kinds of voting (that is, directly), as well as through special bodies - legislative, executive and judicial. The most important guarantee of democracy is the special provision that all citizens have the right to resist anyone who tries to abolish the free democratic constitutional order, if no other means can be used to prevent this. Such guarantees are a multi-party system, various ways of protecting the constitutional rights and freedoms of citizens, etc.

In terms of the manner in which it is amended, the Basic Law is not rigid, although the amendment procedure is more complicated than that of an ordinary law. The constitutional amendment law needs the approval of a qualified majority of 2/3 of the members of the upper and lower houses of the federal parliament.

During the validity of the constitution of 1949, about four dozen laws were adopted that changed and supplemented it, but in essence the constitution did not undergo fundamental changes, although some changes were called constitutional reform.

47. Constitutional rights and freedoms

The constitution establishes that everyone has the right to the full development of the individual, the use of rights and freedoms, since he does not violate the rights of others and does not encroach on the free democratic (constitutional) system, does not threaten the existence of the federation and the lands, does not violate the laws of morality. Otherwise, as well as in case of abuse of freedom of speech, assembly, association, property rights, other rights, a person or association may be deprived of certain rights by the Federal Constitutional Court.

The constitution pays special attention to political and personal freedoms, but also enshrines socio-economic rights.

The Basic Law, proclaiming the principle of equality, gives it a broad interpretation: the impossibility of privileges or restrictions in connection with origin, language, place of birth, kinship, religious or political views.

Among the socio-economic and socio-cultural rights, the constitution names freedom to choose a profession, place of work (restrictions are possible only by court order), freedom of association for the protection and improvement of working conditions (first of all, these are trade union freedoms), ownership and inheritance (with the restriction that property must serve the common good), freedom of the arts, science, education, freedom of teaching, but subject to the constitution (freedom of teaching applies mainly to higher education).

The Basic Law of Germany contains the usual list of political rights and freedoms: freedom of expression and dissemination of opinions, freedom of the press, freedom of access to information, freedom of peaceful assembly, the right to association, etc. Provides for the right of individuals or collectives to apply to state bodies with complaints and requests.

Among personal rights and freedoms, the constitution names the following: the right to life and physical integrity, to the inviolability of the home (without the permission of the owner and the decision of the judge, entry into the home is possible only in case of danger to society and the individual), to the secrecy of correspondence (to protect a free democratic system, control over the exercise of this right shall be established on the basis of the law and for this purpose a special body has been created by the popular representation), freedom of movement (this freedom may be restricted in order to maintain public order, as well as to prevent epidemics, natural disasters), freedom of conscience , equal access to public office regardless of religious beliefs and worldview.

Duties: the obligation of parents to take care of children, the obligation of military service from the age of 18 for men or alternative service for those who, due to their convictions, refuse military service with weapons in their hands. Under the conditions of the state of defense, women can also be called up to work in sanitary and medical institutions, but without weapons in their hands. It is possible to introduce compulsory labor service.

The constitution speaks of asylum. The list of states, natives of which can use this right, is limited. Citizens who wish to exercise the right of asylum must provide evidence that they are persecuted persons in their own country. Currently, it is possible to expel persons who illegally entered the country.

The constitution provides for legal guarantees of rights and fulfillment of duties: the state or department in whose service persons who violated their official duties in relation to third parties (physical and legal) are responsible for the actions of their employee.

48. Political parties in Germany

The activities of the Nazi Party, the spread of fascist ideology, the glorification of Hitler and the Third Reich are prohibited by law.

The legal status of a party is regulated by the Basic Law and federal legislation, including the Law on Political Parties of 1967 with subsequent amendments and additions.

German Political Parties Act:

1) a party is an association of citizens that for a long time has an impact on the formation of the political will of the people, nominating candidates for the representative bodies of the federation or land;

2) parties are considered as a necessary component of the foundations of a free democratic system; they can use different methods to form the political will of the people (influencing public opinion, organizing political education, educating citizens in the spirit of responsibility for the affairs of society, influencing the political activities of parliament and government, etc.);

3) the law establishes a multi-party system in the country and equal social status of all parties;

4) the necessary legal conditions for the creation and activities of the party are fixed: a clear name (it should not repeat the names of other parties); availability of a written charter and program; the creation of parties only on the basis of the territorial principle (party organizations at enterprises and institutions are not allowed); the party must have a democratic structure (in particular, the election of the governing bodies is necessary); only individuals can be members of the party (collective members cannot be members of the party), but foreigners can be members of the party if they do not form a majority in it.

A party loses party rights if it does not nominate candidates for the Bundestag or local Landtags within six years.

Social and political life in Germany is dominated by two main parties - Christian Democratic Union (in Bavaria - Christian Social Union) (CDU-CSU) and the Social Democratic Party of Germany (SPD). However, they rule, as the experience of the past decades shows, forming parliamentary coalitions with one of two small parties - the Free Democratic Party of Germany (FDPD) or with the Union-90 - The Greens.

A special role is played by the CDU-CSU - the leading bourgeois centrist political organization, formally consisting of two parts - the CDU itself and the CSU.

Social base - broad sections of the petty, middle and big bourgeoisie, civil servants. CDU-CSU preaches traditional liberal-conservative values.

A long-time ally of the Christian Democrats is the small centrist FDPH, founded in 1948. The party promotes the teachings of German liberalism and, as a rule, blocks itself with the Christian Democrats on most domestic political issues. Its social basis is made up of small and medium-sized entrepreneurs, part of the peasantry, skilled workers and artisans.

An influential and oldest political force is the Social Democratic Party of Germany (SPD). She preaches the concept of democratic socialism and such traditional values of a democratic society as freedom, humanism, justice, solidarity.

Party "Union 90 - Greens"led by the Social Democrats. It puts the issues of environmental protection and sustainable socio-economic development, the slogans of "environmental humanism" at the center of its activities.

On the extreme right flank, there are small socio-political organizations - the Republican, National Democratic Parties, the German People's Union, which preach openly nationalist views.

49. Legislative, executive and judicial branch of Germany

The German parliament actually consists of two chambers: lower - Bundestag and top - The Bundesrat. The Bundestag personifies the entire people living on German territory, deputies are elected by the entire population for a period of four years. The Bundesrat is the representative body of the subjects of the Federation. It consists of members of the governments of the federal states. The powers of the Bundestag include: lawmaking, the right to internal organization and the control function.

The Bundestag elects the Federal Chancellor, takes part in the elections of the Federal President and Federal judges, and elects the Commissioner for Defense.

In the field of lawmaking, the Bundestag plays a major role. The Bundesrat also has powers in the legislative process. The Bundesrat and the federal government have the right to initiate legislation. Members of the Bundestag also have the right to introduce a bill for discussion.

The Bundestag meets in plenary sessions, which are held openly and publicly.

The meaning of the control function of the lower house of the German parliament is that the activity of the federal government depends on the confidence of the parliament. According to the Basic Law, the federal government is politically dependent on the Bundestag and is responsible to it.

The Bundesrat does not have a term of election, its composition partially changes when a change of government takes place in one of the federal states. As a legislative body, the Bundesrat can approve or disapprove federal laws, determine the rules of its work, and form its own commissions.

The head of state is Federal Presidentwith limited powers. He is elected not by the citizens of Germany, but by a special body - the Federal Assembly for a period of five years. The powers of the President in the event of early termination or detection of obstacles to the performance of his functions are temporarily exercised by the Chairman of the Bundesrat.

Federal government is a body of executive power that performs the functions of government. It consists of the federal chancellor and the federal ministers.

Federal chancellor elected by the Bundestag. The candidate for this post is proposed by the Federal President after negotiations with the party that showed the best results during the elections. Voting on this candidate can take place in three rounds. If the candidate receives an absolute majority of the votes of the members of the Bundestag, then the President appoints him to the post of Chancellor.

federal ministers appointed by the Federal President on the proposal of the Chancellor. Each federal minister acts independently within the limits of his competence and is responsible to the Chancellor for this.

The structure of the executive authorities of the Federation is built in accordance with the principle of three stages: ministries - the highest (head) departments endowed with political functions; mid-level agencies with oversight powers; lower-level departments that carry out purely executive functions.

The Federal Government has the duty to carry out the laws passed by the Parliament, as well as to set political goals and direct public affairs.

The judicial system has five branches of justice: general, administrative, labor, financial and social justice, each of which has its own supreme body: the Federal Court of Justice, the Federal Administrative Court, the Federal Financial Court, the Federal Labor Court, the Federal Court of Social Affairs. In addition, there are courts of general jurisdiction.

50. German federalism, local self-government and government

Germany consists of 16 states (including three cities - Berlin, Hamburg, Bremen). Subjects have a fairly high degree of autonomy. According to their status, the lands are regions with a state structure and a certain state independence. The subjects of the Federation have their own constitutions, parliaments and governments. All subjects are equal.

The center of gravity in the legislative field is shifted towards the federation, and in the field of law enforcement - towards the lands.

The Länder have the power to legislate to the extent that the constitution does not deprive the Federation of that power. In this regard, the Basic Law of the Federal Republic of Germany distinguishes between federal and state legislation, between the exclusive competence of the Federation, the competing legislation of the Federation and the states (subjects of joint jurisdiction), all-German legislation, which is detailed in the states, as well as issues within the competence of local authorities.

The exclusive jurisdiction of the Federation includes: foreign relations, defense, citizenship of the Federation, issues of emigration and immigration, money circulation, customs and trade unity of the territory, customs and border guards, etc.

The Länder are in charge of cultural, police and communal areas, as well as civil and criminal law, legal proceedings, economic law, nationalization, shipping, coastal protection, immigration, etc. In most cases, the areas of competence of the Länder and the competence of the Federation are so intertwined that decision-making requires mutual agreement.

The Federation and the Länder are independent in the conduct of the budgetary economy, but they must take into account the requirements of the national economic balance and long-term financial planning.

All lands, regardless of their size, have equal status, which does not exclude a certain inequality of their representation in the Bundesrat.

The Basic Law allows for the possibility of federal enforcement; if the land fails to fulfill the obligations imposed on it by the federal constitution and federal laws, the federal government may take the necessary measures to force it to fulfill its obligations, including appointing a federal commissioner to the land, who has the right to issue mandatory instructions to the bodies of the land (in practice, such measures not applied);

The functions of the executive power were transferred to the competence of the lands, with the exception of those left in the jurisdiction of the Federation. And the Länder implement federal laws as if they were their own, and the federal authorities are careful to ensure that laws are not violated.

The lands have their own constitutions, legislatures - Landtags (in the lands - the cities of Bremen and Hamburg - a civil assembly, in Berlin - a chamber of deputies). They are usually unicameral and are elected by citizens in different states for four or five years. They form governments. The Länder have constitutional courts.

Lands are divided into districts, districts into districts and cities having the status of districts, districts are divided into communities.

The district is headed by a government president appointed by the state government. He oversees the observance of the laws and acts of the government and the federation and the land. There is no representative body in the district. The district has a district assembly elected for a term of four to six years. Head of the district administration - landrat elected in some lands by the district assembly, in others - directly by voters. In communities, the population elects the municipal council. He or the citizens directly elect the burgomaster. The burgomaster is appointed by the representative of the state.

51. Italian Constitution

Before the adoption of the Italian Constitution in 1946, a referendum was held on the form of government, where the majority of voters rejected the monarchical structure of the state. The democratic Constitution of Italy was developed and adopted by the Constituent Assembly in 1947 in the difficult political situation of the country's restoration after the defeat of the fascist dictatorship of B. Mussolini. On January 1, 1948, it entered into force. Structurally, the Constitution is distinguished by the absence of a preamble, it opens with an introductory section "Basic Principles", which contains the foundations of the constitutional order of the Italian Republic. In addition to the introductory section, the Italian Constitution contains two parts, uniting 139 articles.

Italy is defined as democratic republiclabor based. The principles of the sovereignty of the people, a wide range of rights and freedoms of citizens, including socio-economic ones, are being consolidated. A feature of this Constitution is that anti-fascism is recognized as an official ideology. The constitutional norms establish the establishment in Italy of a classical parliamentary republic and a unitary political-territorial structure.

Along with the norms that determine the structure of the state and guarantee the rights and freedoms of citizens, the constitution also includes political and social principles (equal socio-economic opportunities for the development of citizens, strengthening social solidarity within a single state community).

A clear distinction is made between three main state functions: the legislative function belongs to the Parliament and regional councils within their competence; executive power is the prerogative of the President of the Republic, ministers and executive authorities of the regions, provinces and communes; Judicial power falls within the competence of various judicial bodies, including the Constitutional Court.

The Italian Constitution retains a secular character, follows the principles of separation of church and state and equality of religions. Art. 1 of the Albertine Statute, which declared the "Catholic Apostolic Roman Religion" to be the sole state religion.

According to the method of change, the Constitution is rigid. The procedure for changing it includes two successive stages. The first is to pass a law to amend the Constitution, which must receive the support of each of the houses of parliament. The second stage is the ratification of the law amending the constitution. At least three months must elapse between the first and second ballots, and in the second ballot the amendment must be approved by an absolute majority of votes in each chamber. If, within three months after the second vote, a fifth of the deputies of any of the chambers of parliament or 500 thousand voters or five regional councils demand a referendum on the approval of a law to amend the constitution, such a law is submitted to a referendum. In a referendum, a law is considered approved if a majority of valid votes are cast in favor of it, but a referendum cannot be held if, in the second ballot, the law amending the constitution was passed by a two-thirds majority. The republican form of government cannot become the subject of constitutional review.

The Italian Constitution proved to be stable, with 10 amendments in total throughout its existence. The changes mainly affected the organization of the highest bodies of state power - the Parliament, the President, the Constitutional Court. Currently, the country continues the constitutional reform, which began in the 1990s.

52. Constitutional foundations of the legal status of a person and a citizen

Article 2 of the Italian Constitution states that "The Republic recognizes and guarantees the inalienable rights of the individual - both as an individual and in social organizations where the individual develops - and requires the fulfillment of the inviolable obligations of political, economic and social solidarity."

The constitution contains traditional rights and freedoms of citizens - inviolability of the person, which is complemented by the inviolability of the home and secret correspondence, freedom of movement around the country, freedom of assembly, etc. Guaranteeing rights and freedoms is entrusted to the judiciary. If, for reasons of urgency, the administrative authorities must take measures that violate the rights and freedoms of citizens, then this must be brought to the attention of the judicial authorities within 48 hours; if within 48 hours this authority does not approve the adopted temporary measures, then they are considered canceled and their effect is terminated.

Political rights and freedoms are represented very fully and widely in Italian law. The first place is occupied by the right to vote, it is enjoyed by all citizens, regardless of gender.

Vote - personal, equal, free and secret.

Right to political association is considered, along with the right to vote, as one of the main pillars of the democratic system. The constitution establishes that all citizens have the right to form parties. The constitution does not provide for any conditions regarding the formation of political parties, although it fixes the constitutional goal of party activity: to democratically participate in the determination of national policy.

Right to Petition - all citizens can send petitions to the Houses of Parliament demanding legislative measures or outlining public needs.

Among other political rights are such rights as the opportunity for all citizens, regardless of gender, to enter the public service and hold elected office under the same conditions.

All citizens owe allegiance to the Republic, they must abide by the Constitution, perform state functions in a disciplined and worthy manner, if they are entrusted to them.

Social and economic rights and freedoms stand out noticeably - the right to work, which the Republic recognizes for all citizens; it encourages conditions that make this right real; the constitution obliges the state to provide its citizens with free primary education for a duration of 9 years. Article 36 speaks of the right of workers to have the right to remuneration corresponding to the quantity and quality of their work and sufficient, in any case, to ensure a free and decent existence for him and his family. The right is recognized: to form trade unions to protect their interests on the part of workers; to use strikes for these purposes.

The constitution establishes and freedom of private economic initiativewhich, however, cannot develop to the detriment of security, freedom or human dignity. The law recognizes and guarantees private property.

The proclaimed rights and freedoms have legal and political significance. The norms on them can be changed only in the event of a revision of the constitution according to a special procedure, which has already been mentioned. All ordinary laws and executive acts that do not comply with constitutional norms on rights and freedoms must be annulled by the Constitutional Court. Ordinary courts, when considering cases, have the right to refer to the Constitutional Court issues related to the application of specific norms affecting the rights and freedoms of citizens.

53. Constitutional foundations of the social system and political system

The constitution establishes in Italy parliamentary form of government. The executive branch is responsible for its actions and the ongoing political course before the Parliament, without the confidence of which the government resigns.

The Italian Constitution consolidated the break with the monarcho-fascist past in matters of regional structure and local self-government. Italy is decentralized and divided into regions, provinces and communes, which are self-governing.

Art. 11 of the Constitution: "Italy rejects war as an infringement on the freedom of other peoples and as a means of solving international disputes; she agrees, on conditions of reciprocity with other states, to the limitations of sovereignty necessary for an order that ensures peace and justice to peoples; she promotes international organizations striving for this goals, and favors them."

According to the Constitution, all citizens, as noted, have the right to freely associate in parties in order to democratically participate in the determination of national policy. It is forbidden to create a fascist party.

Political parties play a major role in the formation of the Government. In the context of a multi-party system, parties are forced to unite in coalitions in order to enter the Government.

The political system is characterized by the presence of two political forces - Christian Democratic Party (CDA), and Italian Communist Party (ICP).

General Italian Confederation of Labor (VICT); the party enjoyed influence in the cooperative movement, dominated the central regions of Italy. After the destruction of the communist myths, the party largely lost the support of voters.

The ICP ceased to exist and on its basis was created Democratic Party of the Left (DPLS), which soon took a course on the traditional ideals of social democracy.

Italian Socialist Party (ISP) is left of center. The party relies on the middle strata of the population. He stands for the civil rights of the population, for freedom and social justice.

The Italian Social Democratic Party (ISDP) takes a slightly more right-wing position and cooperates more closely with the CDA.

To the right of the center is the most influential party in this part of the political spectrum - "Forward, Italy!". Even to the right is the formed Northern League, which advocates secession, or rather the rejection of the underdeveloped South, for the transfer of the country's resources under the control of regional governments.

The National Green Federation advocates for the protection of the environment and for Italy's anti-nuclear policy.

The constitution proclaimed: "The organization of trade unions is free." Trade unions may not be subject to any obligations other than registering with local or central authorities in accordance with the provisions of the law.

Are active national trade union associations: General Italian Confederation of Labour; Italian Confederation of Workers' Unions; Italian Union of Labor, etc.

There are industry associations of entrepreneurs, which are united in the General Confederation of Italian Industry. This Confederation includes 106 territorial associations and 104 industry unions - a total of 109 thousand firms. In addition, there are smaller associations of entrepreneurs.

Real weight in the politics of Italy has Catholic Church. According to Art. 7 of the Constitution, the State and the Catholic Church are independent and sovereign in their own constitution. The importance of the Catholic Church is emphasized by the fact that 90% of the Italian population profess this particular religion.

54. Italian authorities

The system of state bodies is determined by the parliamentary form of government and the principle of separation of powers.

An important and responsible role belongs to the bicameral Parliament - Chamber of Deputies и Senate. They are elected for a term of five years.

Chambers of Deputies are elected by universal and direct suffrage according to the majority-proportional system. The number of deputies of the lower house is 630. Active suffrage is granted from the age of 18, passive - from the age of 25.

Senate - the upper house - is elected by regions and expresses their interests. There are 20 regions in Italy. The total number of elected senators is 315. Active suffrage for elections to the upper chamber is granted from the age of 25, passive suffrage - from 40 years.

Every former President of Italy is a senator by right and for life, unless he waives this privilege.

Parliament widely uses such forms of control over the activities of the executive power as a resolution of no confidence in the government, interpellation, the right of a deputy's request.

The governing bodies of the chambers are the chairman and the bureau of a particular chamber. Parliament and its chambers exercise diverse and responsible legislative, financial-budgetary, organizational and control powers. There is an institution of people's law-making initiative.

Laws are promulgated by the President within a month from the date of its approval. The president is elected by the parliament with the participation of representatives of the regions. The election is by secret ballot by a two-thirds majority.

According to the Constitution, the President "is the head of state and represents national unity." He performs mainly ceremonial and representative functions and powers. With regard to Parliament, he has two main prerogatives - the right to demand the reconsideration of bills and the right to dissolve one or both houses of Parliament. The President is the commander of the armed forces, presides over the Supreme Council of Defense and the Supreme Council of Magistracy.

Government (Council of Ministers) is the highest executive body of state power. It consists of the Chairman of the Council of Ministers and ministers.

The government must receive the confidence of both chambers of parliament - the Chamber of Deputies and the Senate.

The Council of Ministers widely uses the right of legislative initiative in Parliament. There is an institution of delegated legislation, in which the government directly exercises legislative powers on behalf of or with the consent of parliament.

The ministers are collectively responsible for the actions of the Council of Ministers, individually for the activities of their departments.

The powers of the Chairman of the Council of Ministers are very extensive. He directs the work of the government, coordinates the activities of ministries.

The Constitutional Court is considered not as a body of justice, but as a special control body and a guarantee of the implementation of the Constitution. He decides on the following cases: disputes about the constitutionality of laws and acts of the state and regions that have the force of law; disputes about competence between various state authorities, between the state and regions, between regions; accusations made in accordance with constitutional norms against the President of the Republic.

There are courts of general jurisdiction in the country, including the Court of Cassation of the Republic, specialized courts, and sole justices of the peace.

There are auxiliary government bodies (the National Council of Economics and Labor, formed on a corporate basis from experts, representatives of trade unions, entrepreneurs, associations of freelancers).

55. Political and territorial structure of Italy

Administratively, Italy is divided into regions, provinces и communes.

Autonomous region represents the highest echelon of territorial division. The regions were created as a reaction against the fascist authoritarianism and centrism that existed in Italy in the last century after its unification. Regional autonomy was one of the demands of the CDU, the Catholic party.

All areas are divided into two categories - ordinary и special. There are only five special areas: Tretino-Alto Adige, Valle d'Aosta, Friuli Venezia Giulia, in which national minorities live, and two islands - Sicily and Sardinia.

The powers of the regions include the organization of their bodies, their departments, the establishment of the boundaries of communes, the regulation of issues of public charity, sanitary and hospital care; they are in charge of urban planning, tourism and hotel business, hunting and fishing, agriculture and forests, crafts, urban and rural police, and other issues.

The oblasts carry out administrative activities in the areas in which they enact laws. Areas with a special status have broader powers and they have rights that exceed the competence of ordinary areas in a specific area for each of them.

At the national level, the regions participate in the elections of the President of the Republic, have the initiative in voting in the form of a popular veto and constitutional referendums, and the right to initiate legislation. The regions create sources of law that apply to all persons living in their territory, as well as to their constituent provinces and communes. In their relations with the state, the regions are entitled to challenge its decisions and defend their competence by applying to the Constitutional Court. They exercise guardianship over the provinces and communes, controlling the legality of their acts.

The bodies of regions with regular and special status are councils, juntas and junta chairmen. The Council, with its chairman, is the legislative body; it controls the activities of the executive branch.

Giunta - executive agency. The chairman of the junta represents the region in foreign relations, promulgates the laws issued by the council and the regulations adopted by it.

The means of control by the council over the executive bodies of the region are questions, interpellations, resolutions of censure, commissions of inquiry.

The administrative units are provinces и communes. They have elected bodies (councils) and executive bodies (juntas and the mayor).

Provinces and communes have independence in resolving specific issues within their competence.

The regions delegate their powers in the field of intercommunal relations (agriculture, environmental protection, water and energy resources, sanitation, road construction and transport, etc.).

The communes are entrusted with the functions of the so-called "direct regulation". These are: intracommunal territorial delimitations, social security, health care, urban planning, land use, including the creation of local industrial zones.

Some additional rights and powers are used by mountain communities - associations of communes located in mountainous areas.

Some large cities are singled out in a separate political and administrative category. These include Rome, Milan, Turin, Florence, Genoa, Venice, Bologna, Bari, Naples. Their jurisdiction, along with provincial functions, also includes direct management of economic development services, urban planning, and the social sphere.

56. Constitution of Japan

The preparation of the constitutional text was carried out by the Japanese government with the involvement of specialists from the headquarters of the American occupation forces. Then it was presented by the government to the parliament and adopted by it in October 1946, it entered into force on May 3, 1947. The constitution adopted many principles of Anglo-Saxon law, novelties of the constitutional law of that time and demonstrated a democratic approach to the regulation of social relations.

The Constitution speaks of some common values of mankind, the need to follow the universal principles of political morality, that no state should proceed only from its own interests and ignore the interests of others.

Its characteristic feature is anti-militarist orientation. The Constitution has a special Chapter II "Renunciation of War". According to Art. 9 "The Japanese people forever renounce war as the sovereign right of the nation, and the threat or use of force as a means of settling international disputes." Another constitutional provision also follows from this, prohibiting the creation of land, naval and air forces, as well as other means of war. In Japan, the armed forces are the Defense Corps, on which no more than 1% of the state budget is spent. Another interesting provision of the Constitution, which determines that only civilians should be part of the government.

The Constitution itself is small, consists of 11 chapters и 103 articleswhich regulate the status of the Emperor, the renunciation of war, the rights and duties of the people, the legal status of the Parliament, the Cabinet, the judiciary, public finances, local self-government, the procedure for amending the Constitution. It proclaims for the first time in Japanese history the principles of popular sovereignty, the supremacy of the Parliament, and the election of both chambers.

In terms of the form of the territorial and political structure, Japan is a simple decentralized unitary state with broad local autonomy of administrative-territorial units (in practice, this autonomy is narrower than in law). The country has a democratic state regime.

The constitution establishes the system of organs of the state and their relations. The highest and only legislative body is the Parliament.

The government is formed with the decisive role of the Parliament and is responsible to it. Japan is proclaimed a unitary state with broad local autonomy of administrative-territorial units.

The Constitution contains a fairly wide list of rights and freedoms, privileged estates are abolished, and the principle of equality is proclaimed.

Personal rights: the right to life, the pursuit of happiness, freedom and inviolability of the person, freedom of movement and choice of residence, freedom of conscience, etc.

Political rights: freedom of thought and speech, opinion, press, freedom of assembly and association, the right of the people to elect public officials and remove them from office, the right to file peaceful petitions, etc. A wide range of socio-economic rights.

According to the method of change, the Constitution of Japan is tough. Its change is possible only at the initiative of the Parliament. To amend it, the consent of 2/3 of the total number of members of each of the two chambers is required. Ratification is carried out either by a referendum or by a new composition of parliament formed after the holding of national elections. The method of ratification is determined by Parliament. The approved amendments are immediately promulgated by the Emperor as an integral part of the Constitution. So far, no amendments have been made to the Japanese Constitution.

57. Rights, freedoms and obligations of citizens of Japan

The foundations of the legal status of the individual are enshrined in Ch. III of the Constitution, which is called "Rights and Duties of the People".

The constitution attaches great importance principle of equality of citizensovercoming the old traditions of Japanese society. It speaks of equality before the law, the inadmissibility of discrimination for any reason and privileges, slavery, forced labor are prohibited, equality of the sexes is proclaimed, titles of nobility are eliminated.

Among the socio-economic rights, the Constitution names the right to property, which should not be contrary to public welfare (nationalization of private property in the public interest for fair compensation is allowed), the right to work, the "right of workers" to create their own organizations, to collective bargaining and the use of collective actions, equal right to education in accordance with their abilities, and the state and its bodies must refrain from religious education, the right to maintain a minimum level of healthy and cultural life, freedom of scientific activity.

Along with traditional political rights (the right to vote, the right to association, freedom of assembly, speech, etc.), the Constitution speaks of other political rights: on the right of the people to elect public officials and remove them from office (in this regard, in Japan there is a certain procedure for the voters to recall the heads of administrations of local administrative-territorial units), on the right to file peaceful petitions, to remove public officials, to correct and cancel laws.

The constitution guarantees personal freedoms: the right to life, liberty and the pursuit of happiness, which, as it says, is the main concern of the state; the right to compensation for losses from illegal actions of the state and officials; the right to freedom of conscience (no religious organizations should receive privileges from the state and use political power), inviolability of the person (arrest is possible at the scene of a crime or on the basis of an order from competent justice officials; upon detention, a detainee in an open court in the presence of a lawyer must be immediately informed grounds for detention), the right to inviolability of the home, documents and property; freedom of choice of place of residence, profession, travel abroad.

The Constitution proclaimed the principle of “privilege against self-incrimination”: “No one shall be compelled to testify against himself. may be convicted or punished in cases where the only evidence against him is his own confession."

The constitution speaks of the obligation of the Japanese people to refrain from the abuse of rights and freedoms. Constitutional obligations are closely related to constitutional rights and freedoms. Japan's constitution obliges its citizens to pay taxes, work, provide compulsory education for children in care. Article 12: "The rights and freedoms guaranteed to the people by the Constitution must be maintained by the constant efforts of the people."

The Japanese constitution also contains guarantees of observance of fundamental rights and freedoms. The basis of the legal guarantee is control over the constitutionality of normative acts and responsibility for the violation of constitutional rights and freedoms carried out by the judiciary.

58. Japanese party system

A huge number of political parties are registered in the country (according to some sources, about 10 thousand), but the absolute majority is represented at the local level. On a national scale and for a long time, no more than 20 political parties operate. In 1995, to fight corruption, a system of state funding of parliamentary parties was introduced in accordance with the number of deputy mandates won.

dominant until the mid-1990s. party that independently formed the government and had a stable parliamentary majority, was Liberal Democratic Party (LDP), founded in 1955, the LDP is a bourgeois centrist party that unites broad sections of the petty, middle and big bourgeoisie, as well as part of the employees, peasants, and the working class. It is the largest political organization. She preaches liberal values, stands for the democratic development of the country.

The new centre-right political coalition of the LDP, the Conservative Party and the Komeito Party won an overwhelming majority of seats in the lower house of Parliament in the 2000 parliamentary elections.

One of the essential features of LDP - a low level of internal structure and organization, due to the presence of six factions expressing the special interests of some of its members and regions. Factional struggle weakens the party and this is often used by its political opponents. The LDP is closely connected with big business (its leaders, prime ministers, have repeatedly been convicted of illegally obtaining large funds from monopolies and of simple bribery), with top officials; it is supported by medium-sized entrepreneurs, a significant part of the peasants, the intelligentsia; there are many workers in it. The leader (chairman) of the party is elected at the congress, but in fact he takes his post as a result of the coordination of the positions of the leaders of the factions. He enjoys great rights, but can only hold office for two years. The party advocates the liberalization of the economy, limiting government intervention and government spending on social needs.

Allied relations link the LDP with the small bourgeois Conservative Party and the centrist Komeito Party. Another name for the latter organization is the "Pure Politics Party". Its goal is an "ideal society" in accordance with the ideas of Buddhist democracy. It interacts with several influential cultural and educational organizations and trade unions.

There are also several right-wing and center-right parties that emerged from the split of the LDP or formed by former activists of this organization. However, they are all insignificant.

An influential opposition group is active on the left flank. Social Democratic Party, which was called in 1945-1991. Socialist. He advocates the slogans of democratic socialism, the implementation of a socially responsible policy. A short period of time in the first half of the 1990s. the Social Democrats were part of a coalition government dominated by right-wing parties. Its social base is skilled workers, some employees.

The party, sometimes in the government coalition, Sakigake is a small conservative party, which is a group of members of the LDP that left it as a result of factional struggle. Its influence dropped significantly, and then it broke up.

There are a small number of deputies in the Parliament of the Communist Party and the Party of Democratic Socialism. Their influence is less than that of the Social Democrats.

59. Japanese government system

The head of state is The Emperor. The royal throne is inherited from the father to the eldest son. Women are completely excluded from the system of succession to the throne. According to constitutional norms, the Emperor is only "a symbol of the state and the unity of the people, his status is determined by the will of the people, who owns the sovereign power." All actions related to public affairs, the monarch undertakes with the approval of the Government (Cabinet), and it is responsible for them.

He appoints the Prime Minister on the recommendation of the Parliament and is deprived in this case of independence. The monarch appoints the Chief Justice (Chairman) of the Supreme Court on the proposal of the government.

The Emperor with the advice and approval of the Cabinet performs actions such as:

▪ promulgation of amendments to the Constitution, laws, government decrees and treaties;

▪ convocation of Parliament;

▪ dissolution of the House of Representatives;

▪ announcement of general parliamentary elections;

▪ confirmation of the appointments and resignations of senior officials (including government ministers), as well as the powers and credentials of ambassadors and envoys;

▪ confirmation of general and partial amnesties, commutations and deferments of sentences and restoration of rights;

▪ awarding awards;

▪ reception of foreign ambassadors and envoys.

The monarch does not vote and cannot run for elected office.

Japan's form of government is a parliamentary monarchy. Parliament is defined as the highest body of state power, endowed with exclusive prerogatives in the field of lawmaking. Parliament consists of two chambers. Deputies have immunity and indemnity, parliamentary immunity is valid only for the period of the session.

The Japanese Parliament exercises broad control functions, using measures of parliamentary responsibility in relation to the government: a resolution of no confidence and the rejection of a draft resolution of confidence. Parliament performs an organizational and judicial function. Judges can be removed by the decision of the court of impeachment, which includes members of parliament from both chambers.

Each chamber is formed permanent и special commissions. The Law on Parliament defines only the parliamentarians themselves (a group of advisers of at least 10 people or representatives - at least 20 people) and the Cabinet of Ministers as subjects of legislative initiative. With the exception of the budget bill, which is required for initial consideration in the House of Representatives, other draft laws may be submitted to both Houses.

The bill must be approved by both chambers. The upper house veto is overridden by a qualified majority vote of 2/3 of the number of deputies of the House of Representatives present. All bills passed must be signed by the minister in charge of the law and countersigned by the prime minister. The law is then sent to the emperor for promulgation.

The Cabinet of Ministers exercises executive power. It consists of the Prime Minister and other government ministers. Government formed parliamentary way, with the majority of government ministers to be elected from members of parliament. The head of government is the leader of the party or bloc that wins the election. The Cabinet is collectively responsible to Parliament.

The judiciary is headed by the Supreme Court, which exercises constitutional control and is the final authority in other cases. There are also superior courts, district courts, disciplinary courts, and family courts.

60. Administrative-territorial division, local self-government

Local government and government in Japan in accordance with the 1947 law is based on the principle of local autonomy. Japan is divided into prefectures (43 ordinary prefectures, Tokyo Metropolitan Prefecture and its two metropolitan prefectures, Hokkaido Island Prefecture). The legal position of all these units, including the metropolitan area, is the same.

Tokyo metropolitan area is divided into urban areas (there are 23 of them, they have elected councils and heads of districts). Cities, towns, villages that are part of this district adjoin Tokyo.

The rest of the prefectures are divided into cities, towns and villages. Along with the metropolitan area, other large cities also have intracity districts, but these districts do not have self-government, the heads of their executive bodies are appointed by the mayors of cities; district representative bodies are not elected either. There are also special districts: financial and industrial, regional development corporations, etc. Their bodies, elected and delegated, are mainly engaged in coordinating activities.

In administrative-territorial units with the right of local self-government, citizens elect for a period of four years prefectural, city, village assemblies, consisting of professional and non-exempt deputies. The prefectural council can have a maximum of 120 deputies, in cities and villages from 12 to 30. These deputies do not have immunity. They receive a salary from the municipal budget, as well as some additional payments related to the conduct of parliamentary affairs, including annual additional payments for research work on local government issues and study trips to other prefectures to study work experience. Deputies may be recalled ahead of schedule at the request of 1/3 of the voters by a majority vote.

In small communities, councils are not elected, meetings of voters are convened.

For the same term as the councils, citizens elect the governing bodies of administrative-territorial units - prefects (governors), mayors of cities, village elders. These officials convene meetings for regular and extraordinary sessions, have the right to veto the decisions of meetings, the right to early dissolution of meetings under certain conditions. The governor of the prefecture can be removed from office by the Prime Minister, and the mayor of the city and the head of the village by the governor. All officials of general competence (governors, mayors, etc.) have the right to suspend the execution of acts of central government bodies on their territory. Often there is no vote in elections for local administrators as there are no competing candidates.

The management system in the localities, as well as in the center, is bureaucratic. Everything is clearly laid out in it. In particular, governors are in charge of resolving 126 issues, mayors of large cities - 28, heads of other cities and towns - 51. Permanent commissions of local assemblies also have executive powers: for labor, education, personnel affairs, etc. Commissions are elected by meetings or appointed by the head administration with the consent of the assembly, their activities are considered as a special kind of public service.

The country has rather strict direct control of the central departments over the activities of local self-government and government. The activities of local self-government bodies are coordinated by a special Ministry for Local Self-Government Affairs. In fact, it actually directs them, giving advice and carrying out on-site inspections.

At the local level in Japan, there are various forms of participation of the population in solving local issues.

61. Spanish Constitution

In the preamble and first articles, the constitution enshrines ideological и political foundations state, adopting its democratic model as the basis. The Constitution proclaimed human rights, the democratic, social and legal nature of the state as the cornerstone principles. All powers of the state are based on the national sovereignty from which they come. National sovereignty is realized through the participation of voters in elections to central and local representative bodies and through participation in voting in referendums at the national and local levels.

As the most important principle, the principle of autonomy is fixed for the nationalities and regions that make up Spain on the principles of solidarity between them.

The principle of political pluralism is also one of the main ones. In accordance with it, political parties participate in the formation and expression of the people's will and are the main elements of political participation.

The constitution includes a preamble, introductory provisions, sections, as well as additional, transitional and final provisions. In the preamble of the Constitution, on behalf of the Spanish nation, the need to establish justice, freedom, and security is declared. The preamble defines the main goals of the development of the new state, such as:

1) guarantee of democratic coexistence in accordance with a just economic and social order;

2) the establishment of a rule of law state with the rule of law;

3) ensuring civil rights, progress, culture and economy;

4) building an advanced democratic society;

5) cooperation in order to strengthen peaceful relations between peoples.

Spain became a unitary state with broad national autonomy in the form of autonomous communities for the constituent territories of the country. The Basic Law established the official character of two languages - Spanish (Castilian), which all Spanish citizens are required to know, and the community's own language.

The Constitution regulates in detail the procedure for concluding international treaties, speaks of the legal status of foreigners, extradition and the right of asylum, establishes rules on the correlation of international and domestic norms, on the country's participation in international organizations, including supranational ones.

The Spanish Constitution is one of the hard. Its revision is carried out in various ways, depending on whether it is partial or complete. In the first case, 3/5 votes in each of the chambers of the Cortes Generales are required to change the constitution, and if there is no consent of the chambers, then they try to achieve it by developing an agreed text by a mixed commission of deputies and senators. If this draft is not passed by the required 3/5 votes in each of the chambers, then an absolute majority of votes in the Senate and at least 2/3 in the Congress of Deputies must be collected in order to amend the constitution.

A complete revision or change of the most important provisions of the constitution can be carried out by 2/3 votes of each of the houses of the Cortes Generales, after which they are dissolved. The newly elected Cortes consider the project and must adopt it by a 2/3 majority in each of the chambers. In case of a complete revision or change of these important provisions of the basic law, after the adoption of the amendments by the parliament, a national referendum is mandatory, while in case of a partial change in the constitutional text, such a vote of the population is optional and is carried out at the request of at least 1/10 of the members of one of the chambers.

62. Basic rights and obligations of citizens of Spain

The rights, freedoms and duties of citizens are regulated by a significant number of articles of the constitution, organic and simple laws.

The scope of rights and freedoms is very extensive and includes the equality of all before the law, personal rights: the right of a citizen to life, physical and moral integrity; ideological, religious and religious freedom; the right to personal liberty and security; to honor, personal and family secrets and a good name; freedom of choice of residence and movement within the national territory; political freedoms - the expression and dissemination of their ideas and opinions; the right to hold meetings and demonstrations, to create associations; the right to vote and petition; socio-economic rights - to education, to join trade unions.

The constitution recognizes the right to freely disseminate and receive information by any means, subject to the requirements of conscience and the protection of professional secrecy. It is prohibited to restrict this right by introducing prior censorship. At the same time, the Constitution allows parliamentary control over the media dependent on the state or any public institution, and guarantees access to these media to various representative, social and political groups.

The constitution declares consumer rights Protection, while the public authorities are obliged to facilitate the dissemination of information and the necessary information.

Recognized the right of everyone to education and freedom of education. Primary education is compulsory and free. The right of parents to choose religious education for their children in accordance with their convictions is guaranteed.

All the variety of rights and freedoms enshrined in the constitution can be divided into three groups.

The first group of - fundamental rights and freedoms. It includes the right to life, liberty, equality before the law and many others, as well as the prohibition of any kind of discrimination.

The second group - The rights and obligations of citizens. Here you can note the right of ownership and freedom of entrepreneurial activity.

The third group - rights and freedoms, mainly of a cultural and social nature, contained in the third chapter of the first part of the constitution "On the basic principles of social and economic policy."

The state protects children, whether they are born in or out of wedlock. Public authorities are obliged to pursue policies that provide vocational training and retraining of citizens, as well as labor safety. Similarly, public authorities are obliged to take measures to organize and protect the health of citizens, they organize health education, the development of physical culture and sports and contribute to the organization of people's leisure; the state is entrusted with the adoption of measures to provide assistance, treatment and rehabilitation of physically or mentally weakened people; the state guarantees the receipt of material resources for the elderly through periodically reviewed legislation.

Responsibilities include encouraging access to culture, developing science, scientific and technological research in the general interest, monitoring the wise use of natural resources, guaranteeing the preservation and protection of the historical, cultural and artistic heritage of the peoples of Spain, promoting the creation of the necessary conditions for the use of comfortable housing.

Legal guarantees for the protection of rights and freedoms are expressed in three forms: appeal to ordinary courts, appeal to the Constitutional Court and appeal to the Public Defender - a kind of ombudsman.

63. The highest bodies of state power and government in Spain

The powers of the head of state are King, legislature - Cortes Generales, executive - to the government, Constitutional Court - body of constitutional justice.

The constitutional form of the Spanish state is parliamentary monarchy. The king acts as the "head of the Spanish state", is a symbol of its unity and constancy. He is the guarantor of the proper functioning of state institutions. The Spanish king is not the head of the executive branch. It authorizes and promulgates laws, convenes and dissolves the Cortes Generales, calls new elections in accordance with the provisions of the constitution, announces a referendum, appoints and dismisses members of the government at the proposal of its chairman, appoints civil and military servants, bestows honorary titles and distinctions, etc.

Cortes Generals exercise state legislative power, adopt the budget, control the activities of the government.

In joint meetings, the question of the succession to the Crown, the disinheritance of a person who has entered into marriage, despite the prohibition of the King and the Cortes Generales, the establishment of a regency in the absence of a person who can exercise it, by appointing one, three or five people, the appointment of a guardian a minor King, unless appointed by the late King or there is no legal guardian.

At a joint meeting of the chambers, the Cortes give permission to ratify international treaties on political issues, of a military nature, affecting the territorial integrity of the state or fundamental rights and obligations, treaties and agreements containing obligations for public finances.

The Cortes Generales participate in the international legal acts of the state. The judicial powers of the Cortes Generales consist in deciding whether to bring the President of the Government and other members of it to justice for treason or other crimes committed by them in the exercise of their functions against the security of the state.

Government manages the domestic and foreign policy of the country, executes laws, issues various administrative acts for these purposes, and appoints civil and military officials. The government has legislative initiative; draft laws must be approved by the Council of Ministers. The government, in addition to ministers, includes secretaries of state with the rank of deputy secretaries of state. The Prime Minister carries out official representation, manages the activities of the government and coordinates the activities of all its members.

Spanish government formed on a parliamentary basis. After each election to the Congress of Deputies held in accordance with the law, as well as in cases of change of Government provided for by the Constitution, the King, after prior consultations with representatives of political parties represented in Parliament, proposes, through the President of the Congress of Deputies, a candidate for the post of President of the Government.

The State Council is an important governmental body exercising advisory functions. The State Council is organizationally and functionally autonomous body under the Government.

constitutional Court exercises constitutional control.

At the top of the judicial hierarchy is the Supreme Court. The lower courts are the National High Court, followed by the Provincial Courts, lower still are the Courts of First Instance, Municipal Courts and Magistrates' Courts.

64. Regional autonomy

Spain is geographically divided into municipalities, provinces и autonomous communities.

Autonomous communities can be formed by bordering provinces that have common features of historical, cultural and economic development, as well as island territories and provinces that represent a single historical region. The formation of several types of autonomy is possible; their difference from each other lies in the scope of competence granted to them. Each community has its own statute, adopted by the parliament of the country by issuing an organic law.

Each autonomous community has a legislative assembly whose members must be elected by universal suffrage based on the proportional representation of the participating political parties. The assemblies exercise control over the activities of the executive power, which belongs to the government council and its chairman. These bodies are elected by the legislature and appointed by the King. The functions of the chairman are to direct the activities of the government and represent the community. Autonomous communities enjoy financial autonomy; they have their own sources of income.

Autonomous regions have their own bodies of power and administration: the representative body of the population of the region is the parliament. Parliament - a unicameral institution formed on the basis of general elections on the principles of proportional representation, which has legislative power within its competence. The constituency for elections to the parliament of the autonomy is the province.

The main functions of the parliament are to discuss bills and adopt autonomous laws in the main areas of social, economic and cultural life of the autonomy. The Spanish Constitution enshrines the right of Parliament to submit to the Congress of Deputies a proposal for a law, sending its representatives to defend such a bill. Significant powers of Parliament in the financial area: discussion and adoption of the budget of the region, submitted for discussion by the parliament by the government of the region. He also has the right to establish regional taxes, fees, tariffs and other types of payments, to issue securities. The functions of the parliament also include the appointment or election of the head of the government of the autonomous region.

The most common is limited autonomy, covering the organization of their own institutions of self-government, changing the boundaries of municipalities located in the respective territory, and determining the functions of municipalities, regulating territory planning and other areas.

Full autonomy includes a wider range of issues compared to the limited one - all issues not specifically assigned to the state by the constitution. Currently, Catalonia, the Basque Country, Galicia and Andalusia have full autonomy. By decision of the Cortes Generales, the formation of a special autonomy is also possible. By such a formation, by issuing an organic law, certain powers of the state itself are transferred. The Basque Country, Navarre, the Canary Islands and the cities of Ceuta and Melilla enjoy special autonomy.

The state has great opportunities to interfere in the activities of autonomous communities by economic means. It monitors the economic balance of the various parts of the Spanish territory, can plan economic activities within the country in order to "satisfy the collective needs", equalize and harmonize regional and sectoral development, and for this purpose draw up plans containing the proposals of the autonomous communities.

65. PRC Constitution

The current Constitution was adopted at a special session of the National People's Congress (NPC) in 1982.

Structure of the Constitution of 1982: preamble (introduction), over 140 articles, united in four chapters.

Its characteristic features.

1. This is the Constitution of the socialist type, it is based on Marxist-Leninist ideas. Marxism-Leninism and Maoism are the official ideology of the PRC.

2. The ownership of power by the people is declared, and the PRC is proclaimed a socialist state of the democratic dictatorship of the people.

3. Constitutional and legal consolidation of the leading position in the political system of the ruling party - the Communist Party (CCP). It is declared "the leading and guiding force of Chinese society."

4. The establishment of a special place in the economic system and a privileged regime for state property, which is the most important basis of the Chinese socialist social system. At the same time, other forms of ownership, including private ownership, are allowed if they serve the purposes of socialist construction.

5. At the present stage, a course has been taken for the implementation of radical socio-economic reforms, designated in the PRC as the Policy of Socialist Modernization. Constitutional provisions appeared on the task of building a socialist market economy and a socialist legal state.

6. The constitution established a unitary form of government. However, various forms of administrative autonomy (autonomous region, autonomous district, autonomous county) are allowed and widely used. This is of fundamental importance, since the PRC is a multinational state, although ethnic Chinese (Han) predominate.

7. The Constitution proceeds from the socialist system of rights and duties of a citizen. The legislator fixed in general a small nomenclature of fundamental rights and freedoms with an emphasis on socio-economic rights. However, the proclaimed right to work is not actually guaranteed by the state, and there is unemployment in the country. The right to education is subject to severe restrictions. There is no single right to social security in old age on a national scale.

A large number of responsibilities have been established: to protect the unity of the PRC and the solidarity of all nationalities; defend the Motherland and repel aggression; keep state secrets; observe labor discipline and public order. There is a unique constitutional duty (requirement) addressed to families - to carry out planned childbearing. It is steadily being put into practice in connection with the official demographic policy pursued by the state.

All state power belongs to the people's congresses.

The constitution can be amended on the proposal of the Standing Committee of the National People's Congress or 1/5 of the deputies of the NPC. Changes and additions must be adopted by a two-thirds majority of the entire composition of the NPC. There are no "strengthened" articles that are not subject to change or require a more complex procedure for change in the Constitution.

Amendments to the 1982 Constitution were made several times: in 1988, Art. 10 and 11 (they legalized private farming and land lease, although in fact this was done earlier on the instructions of the CPC Central Committee and government acts), in 1993 in connection with the course towards "socialism in a modernized form", "socialist market economy", in 1999, when private enterprises are characterized as an important component of the socialist market economy, and not just an addition to it.

66. Political parties, public ("people's") organizations

According to the Constitution, the leading force in society and the state is Communist Party of China. This means, in particular, that she cannot be removed from power through elections without changing the Constitution and while maintaining the existing political system. The CCP essentially performs power functions. All the most important measures are carried out according to the directives and instructions of the Party. This applies both to cardinal events that change the face of the country, and to the solution of private issues on the scale of administrative-territorial units or, for example, enterprises.

The PDA is built on territorial production basis. Its bodies are created on a national scale, in administrative-territorial units, as well as at enterprises, institutions, armed forces, etc.

In China, there are eight other political parties that unite representatives of various strata of society, and sometimes people of certain professions. Among the democratic parties are: the Revolutionary Committee of the Kuomintang, the Association for the Promotion of Democracy, the Democratic League. Pursuit of Justice Party, Jiusan Society, Taiwan Democratic Autonomy League, All-China Association of Industrialists and Merchants. Sometimes statements are distributed by an illegal organization that calls itself the Democratic Party.

In accordance with the statutes of these parties, they are all now called "parties participating in political life", operating under the leadership of the CCP, which is unconditionally recognized. These parties display a certain independence in the development of the economy, science and technology, public health, education and culture. An important role is assigned to these parties in establishing close multilateral (including economic) contacts with ethnic Chinese living abroad, in working with re-emigrants, as well as in implementing the PRC's policy of peaceful reunification with Taiwan on the principles of "one state - two systems". ".

Essentially, only the central organs of these parties are active; they do not create their branches in administrative-territorial units, they do not have organizations in institutions and enterprises.

In China, the concept of the unity of public organizations and movements has been adopted and is being implemented. This means that through the application of state measures and measures by the ruling party, "from above", united trade unions, women's, youth and other public associations have been created. China does not have several different trade union centers or, for example, different women's organizations; there is only one such organization nationwide.

In China, a special socio-political organization of the popular front type has been created and is operating. United front of various parties and public organizations. It includes all parties existing in the country and more or less mass public associations. Within the framework of the Front, in its central body - the People's Political Consultative Council - various opinions are coordinated, a common position is developed on the fundamental issues of the country's development.

Public or "people's" organizations: Communist Youth League of China, All China Federation of Trade Unions, All China Women's Federation, All China Youth Federation, All China Association of Industrialists and Traders, China Association of Scientists and Technologists, All China Association of Compatriot Taiwanese, All China Association of Remigrants, various friendship organizations with foreign countries.

67. Fundamentals of the constitutional status of citizens of the PRC

The most extensive rights in China are enjoyed by its citizens.

Ranked first socio-economic rights. The Constitution speaks of the right to work, rest, pensions (pensions are received only by those who worked at state enterprises - 1/10 of all employed), education, the right to property and its inheritance; freedom of scientific and research activities, literary and artistic creativity, activities in other areas of culture.

Among political rights The Constitution names: voting rights, freedom of speech, press, assembly, unions, demonstrations, etc.

Personal rights and freedoms: freedom and inviolability of the individual, freedom of conscience (there is no dominant religion in China, there are about a dozen religious associations of common Chinese significance, including Buddhism, Islam, Christianity, etc.), privacy of correspondence, inviolability of the home, the right to compensation for damage caused by illegal actions of a state body or a government employee. Among personal rights, the rights related to marriage and the family are especially regulated, and the Constitution states that measures to restrict childbearing are not only the responsibility of the state, but also of spouses. An urban family cannot have more than one child, and a rural family can have no more than two children.

Rights and freedoms are granted to citizens in accordance with the goals of socialism and have a special purpose. The Constitution says that rights in the field of culture serve the cause of socialist spiritual culture, it says about socialist education, about education in the spirit of communism, on the basis of dialectical and historical materialism, etc.

The exercise of rights and freedoms is associated with the regulatory role of the state, which directs the activities of citizens in the exercise of their rights and freedoms. The Constitution says that the state develops various kinds of rules and instructions for residents of the city and countryside, fosters collectivism, patriotism, internationalism, and fights against bourgeois, feudal and other "pernicious ideology." The Constitution establishes that it is forbidden to expose citizens to slander, insults, and harassment.

The constitution distinguishes citizens' rights and workers' rights. The right to work, for example, belongs to all citizens, while the right to rest, education, and pensions belongs only to workers. In addition, material guarantees of socio-economic rights are provided. Much attention is paid to the protection of the rights and interests of Chinese living abroad, as well as members of their families (there are about 30 million such persons).

The Chinese Constitution contains a fairly detailed list constitutional duties of citizens: the duty to work, observe labor discipline and public order, the duty to study, the duty to protect the unity of nationalities, to protect public property, to protect the honor and interests of the Motherland, etc.

Persons are considered Chinese citizens if at least one of whose parents is a Chinese citizen and who was born in China or another country, but did not acquire the citizenship of the latter. Foreigners and stateless persons can be granted Chinese citizenship if they have close relatives in China or have other grounds for acquiring citizenship (the question of whether there are grounds is decided by the Ministry of Public Security, which is in charge of the acquisition, loss and restoration of citizenship) . Dual citizenship is not recognized in China, but the legitimate rights and interests of foreigners are protected.

68. The system of higher bodies of state power and administration

The system of supreme organs of state power and administration includes the National People's Congress, its Standing Committee, the President of the People's Republic of China, the State Council, and the Supreme People's Court.

According to the Constitution of the People's Republic of China, all power belongs to the people's congresses. The principle of separation of powers in modern China does not work.

Powers of the National People's Congress (NPC):

▪ adopts and amends the Constitution;

▪ adopts and changes the so-called “basic laws” - criminal, civil, electoral, on the status of government bodies, etc.;

▪ reviews and approves plans for economic and social development, reports on their implementation;

▪ reviews and approves the state budget and the report on its implementation;

▪ resolves issues of war and peace.

The NPC consists of the Standing Committee, the presidium of the session, special commissions, as well as delegations for electoral units.

Standing Committee of the National People's Congress of China. Main powers:

▪ interpretation of the Constitution of the People's Republic of China, monitoring the implementation of its provisions;

▪ adoption and amendment of most laws;

▪ interpretation of laws;

▪ introducing amendments to economic and social development plans and the state budget in the period between sessions of the NPC;

▪ ratification and denunciation of international treaties of the PRC.

That is, there are two legislative bodies of power - the NPC and its Standing Committee. The Standing Committee is formed by the National People's Congress and is responsible to it.

The President of the People's Republic of China is the sole head of state. The President of the People's Republic of China performs the traditional functions of the head of state - he represents China in the international arena, publishes laws, decrees on pardon, on mobilization, on the introduction of martial law, awards state orders and confers state honorary titles.

An important place in the system of power institutions belongs to the State Council of the People's Republic of China - the central government, which is the executive body of the supreme body of state power. He has great powers in the socio-economic and military-political spheres. The State Council, on the basis of the Constitution and laws, determines administrative measures and adopts administrative legal acts. It is headed by an official - Premier of the State Council.

The State Council consists of the prime minister, his deputies, ministers, chairmen of committees with the rank of minister, head of the secretariat. The State Council has the position of Chief Auditor, who has the rank of minister. Some ministers are not members of the Council of State, do not participate in its meetings, or participate only in an advisory capacity. Changes in the composition of the State Council between sessions of the NPC are made by the Standing Committee of the NPC.

Central Military Council - collegial body of military command. It consists of a chairman and members. The Central Military Council has the right to initiate legislation, its members are required by position to attend sessions of the National People's Congress and have the right to speak at them, but do not have the right to vote if they are not deputies. The role of the Central Military Council is connected with the special role of the army in China.

The supreme judicial body is the Supreme People's Court, which exercises supervisory powers over the judicial activities of local and special courts. The Supreme People's Court is responsible to the NPC and its Standing Committee.

69. Administrative-territorial structure and national autonomy. Local government and self-government

China - unitary statebuilt on a centralized basis.

Exist three levels of the system administrative-territorial structure.

1. Provinces, autonomous national regions (autonomous regions), cities of central subordination. Special administrative regions - Xianggang (formerly Hong Kong) and Macau - have a special status and maximum independence.

2. Counties, autonomous regions, autonomous counties, cities.

3. Volosts, national volosts, urban areas, towns. Provinces are divided into counties, the latter into volosts and towns. Local government bodies are the People's Assembly of administrative-territorial units and their committees. Their term of office is three or five years. They cannot be considered as local governments according to the European tradition. They are an integral part of a single organization of state power.

The administrative form of national territorial autonomy pursues the goal of a socialist solution to the national question. In addition to the ethnic Chinese, the country is home to such large nations and peoples as the Zhuangs, Uyghurs, Manchus, Mongols, Tibetans, Hui and others, either compactly or scatteredly.

The largest form of national autonomy is an autonomous region (autonomous region) - there are 6 of them, followed by autonomous regions (there are 30 of them) and autonomous counties - there are more than 120 of them.

In multinational regions, a policy of indigenization of personnel is being pursued, that is, persons of local (indigenous) nationalities have certain advantages in the public service. Therefore, the leaders of autonomous regions, districts and counties must be citizens belonging to those nationalities that exercise national autonomy.

In the PRC, along with the above-mentioned forms of autonomous formations, there are also autonomous volosts, which are not a kind of national autonomy.

The local organs of government in China are the people's congresses of the administrative-territorial units and the standing committees of these assemblies. They perform not only local, but also national tasks. The lower tier of people's congresses is elected directly by the citizens, the remaining tiers are elected by the lower ranks of people's congresses. The term of office of people's congresses of townships, townships, national townships - three years, counties, urban areas of large cities and small cities without district division, provinces - five years. Deputies do not break with their previous work, perform deputy duties on a voluntary basis and have an imperative mandate: they can be prematurely recalled by voters-citizens or assemblies of people's representatives who elected them.

The executive organs of local people's congresses are local people's governmentsacting on the basis of dual subordination: to their assembly of people's representatives, as well as to the higher local people's government. The local people's governments carry out the decisions of the people's congresses and their standing committees, as well as the decisions and orders of the higher administrative organs.

Appointed district councils - an intermediate link between county and lower bodies, and in cities without district division - quarter offices - an intermediate link between the city administration and committees of the urban population. Villages elect their headmen and village committees by secret ballot and competition.

70. Constitution of India

The Constitution of India was adopted by the Constituent Assembly in 1949 and fully entered into force in 1950. The Constitution included "anti-exploitative" provisions, the ideas of "Indian socialism", "democratic socialism".

The Constitution of India is the most voluminous constitution in the world. Subject to subsequent changes, it includes 465 articles, 12 major annexes, and more than 70 amendments. Some amendments are made to the text of the Constitution, changing it, others are attached to it.

The Constitution of India contains norms of different significance and degree of guarantee, relating not only to the constitutional, but also to some other branches of law. It contains provisions that may seem unimportant (for example, one of the guiding principles of state policy: to prevent the slaughter of cows and calves), although in the specific conditions of India, taking into account the beliefs of the population, they become important. The Constitution is too detailed, but its main content refers to the most important aspects of the social and state system, the legal status of the individual.

The Constitution consists of two parts, different in their meaning. These are the "basic features (properties) of the Constitution", which are considered unchangeable, as well as other provisions of the Constitution, which are changed in the prescribed manner.

Main features of the Constitution:

1. Consolidation of popular and state sovereignty won as a result of the anti-colonial movement.

2. Negative attitude towards social inequality.

Fixed: the right to sufficient means of subsistence, the right to protection from economic exploitation, the right to a living wage, etc. The Constitution speaks of the goal of the state to ensure such a social order, which is characterized by economic and social justice, the fair distribution of material resources, the prevention of the concentration of wealth and means of production.

3. Proclamation of a wide range of rights, freedoms and duties of citizens, taking into account Indian specifics, the caste system.

4. Consolidation of the principle of a mixed economy, where the public sector plays an important role.

Economy of India - Capitalist economy with significant state control.

5. The combination of some traditional Indian institutions with institutions generated by the global development of constitutional law.

6. The policy of maintaining global peace and international security.

In terms of the form of government, India is a parliamentary republic, in terms of the form of political and territorial structure - a centralized federation, taking into account the language feature, a country with a democratic state regime.

Changing the Constitution. The constitution provides for a combined system of amendments. Amendments to most articles are adopted by Parliament in a relatively simple manner. A draft amendment may be introduced by any Member of Parliament in either of the two Houses. If the draft is approved by the chambers (2/3 of those present), it is submitted to the President, who must sign and publish the law. Many amendments are passed by ordinary law, by a simple majority of those present in each house. For articles considered to be the most significant, a complicated procedure applies: after adoption, but before the amendment is submitted for signature to the President, it must be ratified by at least half of the state legislatures.

If the amendment is small, it is included in the text of the Constitution as an addition to or replacement of the relevant article. Lengthy amendments are attached to the text of the Constitution, although they are not always published as an appendix to it.

71. Legal Status of an Indian Citizen

The institution of citizenship in India is characterized by the fact that Indian citizens enjoy full rights and freedoms, while the Constitution provides for some restrictions on the legal capacity of foreigners. The latter cannot hold certain positions, such as the office of president, vice president, judge of the Supreme or Superior Court of a state, attorney general, governor or state attorney general. They cannot be elected as members of the Union Parliament or State Legislatures.

Special restrictions are provided for the so-called "hostile foreigners", who are deprived of the procedural guarantees associated with arrest and detention. These include citizens of states at war with India, as well as Indian citizens voluntarily residing in such countries or maintaining commercial relations with these states. The country provides for a single Indian citizenship, designed to strengthen the territorial integrity of the country.

The fundamentals of the legal status of Indian citizens are the same, but are determined by articles of the Constitution that are unequal in meaning. Socio-economic rights are formulated as guiding principles of policy, with the ensuing features of their judicial protection noted above; other rights are enshrined in other articles of the Constitution. The actual implementation of all these rights, however, in the specific conditions of the country is not the same and largely depends on the surviving vestiges of the caste system, the level of development of ethnic groups. There are also some legal advantages provided by the legislation for the least developed social strata of the population, scheduled castes and tribes. Fundamental rights, according to established doctrine, are secured constitutional guarantees: if they are violated, a citizen can apply to any court, including the Supreme, and the latter can make a compulsory decision (a lower court cannot declare a particular law unconstitutional, it only ensures the implementation of fundamental rights). The rights enshrined in the policy guidelines section are not covered by such guarantees.

The constitution establishes equality of citizens before the law, prohibits discrimination based on religion, race, caste, gender and place of birth.

Among socio-economic rights - the right to adequate means of subsistence, to work, to protection from economic exploitation, to state assistance in case of illness, unemployment, the right to a living wage, the right of children to compulsory free education.

Political rights include freedom of speech, the press, the right to associate, and other traditional political rights and freedoms.

Among personal freedoms, the Constitution names the inviolability of the person (although long-term preventive detention without trial is widely used in India when declaring a state of emergency), freedom of movement, inviolability of the home, secrecy of correspondence, etc. The Constitution abolishes feudal titles, untouchability.

The Constitution of India also fixes the basic duties of citizens. These include: observance of the ideals and institutions of the country, respect for the national flag and national anthem, military duty, obligation to follow the ideals of the national liberation struggle, promote harmony and the spirit of common brotherhood among all Indians, develop a scientific approach, show humanism, strive for excellence in all areas of individual and collective activity, etc. As can be seen from the foregoing, many of these duties are not of a legal, but of a moral nature.

72. Political parties of India

In India, there is no law on political parties, their activities are almost not regulated by law. The only constitutional provision on parties, included in the 52nd Amendment to the Basic Law in 1985, states that a member of Parliament loses his mandate if, having been elected from one party, he moves to another. The annex to the Constitution also states that a parliamentarian may lose his mandate if he votes contrary to the instructions of the leadership of his faction. The issue of deprivation of the mandate (after the presentation of the leader of the faction and the questioning of witnesses) is decided by the chairmen of the chambers of the Parliament.

In India, there is the concept of a national party, which has legal significance. It is recognized as a party that receives at least 4% of the vote in elections to the lower house of Parliament in at least four states. There are no more than ten such parties.

There are hundreds of parties in the country (sometimes about 300 parties participate in state elections), although in reality there are no more than a dozen all-Indian parties. The rest are statewide.

For a long time, India had a multi-party system with one dominant party - Indian National Congress (INC), and after its split - INC (I) - the party of supporters of Indira Gandhi. This system was broken in 1977-1979, when the Janata Party was in power, and shaken again in 1989.

Program concept of INC(I) is the idea of a "society of a socialist model", in which various segments of the population cooperate while maintaining private property and a significant role of the public sector, with a rather high regulatory role of the state in many areas of public life. The INC(I) opposes religious and communal strife and fights against poverty, illiteracy, and caste remnants.

Bharatiya Janata Party - a right-wing party built on a religious communal basis, standing on the positions of Hindu isolation, nationalism, caste barriers. This party focuses mainly on medium and small entrepreneurs, merchants, and farmers. She advocates decentralization of the economy, limiting the role of the public sector. The Bharatiya Janata Party set up a new government.

The Janata Dal Party takes a centrist position; most of its members are from the INC. Its positions are close to the INC(I), but, being an opposition party, it criticizes the government for high unemployment, corruption, and abuse of officials. Janata Dal stands for the democratization of public life, strengthening the unity of the country, writing off debts from the peasants, for a more decisive overcoming of caste and religious prejudices.

Indian National Congress (C) (Socialist) arose as a result of a split in the INC, but not so much for reasons of principle, but as a result of the struggle for leadership in the party, for ministerial posts. His position differs little from that of the INC(I), but he makes extensive use of socialist phraseology.

In India, there are about a dozen parties that call themselves communist. Has some influence Communist Party of India. The party occupies orthodox Marxist-Leninist positions, little changed after the collapse of the socialist system in the world. It fights for raising the standard of living of the working people, carrying out land reform, defends democratic methods for solving national, religious and caste problems, and fights against the strengthening of the power of monopoly capital.

Communist Party of India (Marxist) takes a more flexible, realistic position, adapting Marxism to the conditions of India.

73. State bodies of the Federation, the basics of suffrage

Parliament in India is a triune institution. It consists of President of India, House of the People, designed to serve as an organ of national representation, and Council of States as the body of expression for the states.

The People's Chamber is elected by direct elections for a term of five years and consists of no more than 552 members. Members of the Parliament do not have immunity, but enjoy parliamentary immunity. They receive relatively little remuneration. The speaker is the governing body of the lower house. He is assisted by a deputy.

The Council of States (upper house) is elected by indirect election. The vast majority of the 250 members of the Council of States are elected to six-year terms by elected members of the state and union territory legislatures, with the remaining 12 members appointed by the President. The meetings of the Council of States are presided over by the Vice President.

The main function of the Parliament - legislative. The People's Chamber forms the government and exercises control over its activities.

President of India elected for five years by indirect elections - a special electoral college. The President is the head of state. He represents the republic within the country and in international relations, appoints diplomatic representatives, is the commander in chief, convenes sessions of Parliament, dissolves Parliament and calls new elections, etc. The President, acting as head of the executive branch, may issue decrees between sessions of Parliament.

The Vice President assists and replaces the President in case of temporary or permanent inability of the President to perform his duties.

Government of India - Council of Ministers. At the direction of the Prime Minister, the President appoints ministers. The government presents itself to Parliament and asks for confidence, which is expressed by voting. Ministers in India must be members of one of the Houses of Parliament.

In fact, all issues of state leadership are decided by a narrow composition of the government - the Cabinet. The Government exercises the powers conferred by the Constitution on the President.

The lowest rung of the courts are the panchayat courts in the villages. They are called people's courts. Next step - munsif courts. Above are additional courts. The District Judge hears appeals against decisions of the Complementary Judges and has unlimited jurisdiction as a trial judge in civil and criminal cases.

The state's highest court is high (high) court. The Supreme Court of India exercises constitutional control, considers, as a first instance, disputes between the federation and the states, as well as between the states.

After the formation of an independent state in India, property and educational qualifications were abolished, women received equal voting rights with men, the curial system was abolished at the national level, but still, at the household level, some restrictions on the right to vote remain.

The constitution establishes universal suffrage for elections to the lower house of Parliament and to state legislatures. Citizens who have reached the age of 18 and have resided in the constituency for at least six months enjoy active suffrage. Mentally ill persons, persons who have committed criminal offenses or other illegal acts during the election period do not have voting rights.

The principle of equality is used in the elections of the lower house of Parliament (the elector has one vote), but where the curial system is applied, the principle of equality is not respected. Citizens who have reached the age of 25 have the passive right to vote.

74. Fundamentals of political and territorial structure, local self-government and administration

India has 27 states and 7 union territories that do not enjoy state rights.

The Indian federation is based on the autonomy of the states, they do not have sovereignty, the federation has a centralized character. Each state creates its own supreme bodies: an elected legislature (state legislature), a governor appointed by the President of India, a government, a high (highest) court of the state. But the states do not have their own constitutions, they do not have their own citizenship. States have the right to make their own laws. States do not have the right to secede from the federation.

The administrative bodies, as well as the judicial bodies of the federation and the states, form a single system. The federal government may issue binding instructions to state governments regarding the implementation of federal laws. The Supreme Court of the Federation also lays down general rules for all courts, including the high courts of the states.

The division of powers (subjects of jurisdiction) between the federation and the states is regulated by a special appendix to the Constitution:

1. The exclusive competence of the federation includes 97 questions with many sub-questions: foreign affairs, defense, foreign trade, banking, post and telegraph, railways, air traffic, etc.

2. Joint competence includes 47 issues: criminal and civil procedure, marriage and process, contract and labor law, legislation on trade unions, on the press, on social insurance, etc.

3. The exclusive competence of the state covers 66 issues: public order, police, prisons, education, health care, industry, agriculture, etc.

In matters of federal jurisdiction, the states have no right to issue regulations or otherwise interfere in this area. In an area of joint jurisdiction, state law applies only if there is no federal law on the matter; if it exists, it has priority. In their area, the states act independently, but the federation can apply to its competence any matter included by the Constitution in the sphere of the exclusive legislation of the states.

The Indian Federation is not only a centralized federation, but also, to a certain extent, an asymmetric federation. The federation has, in essence, three kinds of states:

▪ states that enjoy the greatest rights;

▪ states occupying a customary legal position;

▪ some small states, whose rights, on the one hand, are limited, and on the other, expanded.

In addition to the states, the federation includes seven union territories. Usually these are small islands in the Indian Ocean, other small areas in continental India. A number of union territories are solely governed by administrators appointed by the federal government, in others, by decision of the Parliament of India, under appointed lieutenant governors, elected assemblies are created that can legislate for the territories and form governments.

The constitution provides for the establishment of panchayats at all levels, in villages as well as in tribal areas. In the village, it consists essentially of three organizations: general assembly, executive committee and elected village court.

The population of municipal corporations elects a general council, and the last of its members, usually for a period of one year, elects the mayor of the city and his deputy.

The executive body of the council in all cities is an appointed person: a corporation commissioner in large cities, a municipal commissioner, appointed by the governor at the direction of the state government, in small ones.

75. General provisions of the constitutions of the CIS countries

In the constitutions of the CIS countries, the influence of generally recognized principles and norms of international law is noticeable. Such international legal acts as the UN Charter had a special impact on the constitutional development of the CIS countries and their current legislation; Universal Declaration of Human Rights 1948; Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; International Covenant on Civil and Political Rights 1966; International Covenant on Economic, Social and Cultural Rights 1966 and others.

Most constitutions of the CIS countries fix sovereignty of the people and the people are proclaimed the only source of state power.

Great importance in the constitutions of the CIS countries is given to the proclamation of state sovereignty. In their constitutions, they seek to emphasize the sovereign nature of their statehood.

Almost all the constitutions of the CIS states fix social character of the state. This means that the constitution imposes on the state the obligation to strive to ensure social justice and the well-being of the population, the country, and also to pursue such a social policy that is aimed at social security of a person.

The most important place in the constitutions of the CIS countries is given to the regulation of issues related to ownership. Most of the constitutions of the CIS countries proclaim equal protection of all forms of ownership. They consolidate the equality of all forms and types of property, guarantee their equal protection and the same conditions for their development.

In the constitutions of the CIS countries, land, subsoil, forests and other natural resources are recognized as either the property of the state or the property of the people, on behalf of which state bodies exercise the property rights of the people.

A number of constitutions of the CIS states proclaim political pluralism и ideological diversity.

Most constitutions of the CIS countries proclaim the secular nature of the state. The relevant provisions of the constitutions directly or indirectly stipulate that the church is separated from the state and that no religion can be established as a state or obligatory one. Most of the constitutions of the CIS countries, directly or indirectly, proclaim a system of state education, separated from the church, and fix the secular nature of education.

A significant place in the constitutional law of the CIS member states is occupied by resolutions fixing the basis of the legal status of the individual.

The constitutions of the CIS countries are also characterized by the recognition of a person as the highest value.

The state is responsible for providing conditions for the free development and self-realization of the individual. The state is required to protect life and health, honor and dignity, freedom, inviolability and security of the individual, regardless of gender, race, nationality, language, social origin, property and official status, place of residence, attitude to religion and other circumstances.

All constitutions of the CIS states include norms on citizenship. Constitutional law establishes equal citizenship, regardless of the grounds for its acquisition. At the same time, many constitutions enshrine the right of a citizen to change his citizenship.

Determining the main directions of its internal policy, the state is obliged to plan it in such a way that in the course of its implementation, to the maximum extent, the threat to the lives of people living in the territory of this state is eliminated. The state should strive to avoid internal inter-ethnic armed conflicts when pursuing domestic policy.

76. The system of state bodies of the CIS

The principle of separation of powers - the fundamental principle of the exercise of state power. This principle is embedded in the organization and activities of the highest bodies of the state.

According to the form of government, the member states of the Commonwealth can be conditionally divided into two main groups: presidential republics and republics with a mixed form of government.

The parliaments of the CIS countries are: Milli Majlis in the Republic of Azerbaijan; National Assembly of the Republic of Armenia; the National Assembly of the Republic of Belarus; Parliament of Georgia; Parliament of the Republic of Kazakhstan; Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic; Parliament of the Republic of Moldova; Majlis Oli of the Republic of Tajikistan; Halk Maslakhaty (People's Council) and Mejlis of Turkmenistan; Oliy Majlis of the Republic of Uzbekistan; Verkhovna Rada of Ukraine.

In terms of their structure, the highest representative legislative bodies of the CIS countries are unicameral in most states.

The president in the CIS states, both in presidential republics and in republics with a mixed form of government, is endowed with very broad powers. A citizen of the given state may be elected President on the basis of universal, equal, direct suffrage by secret ballot. The term of office of the head of state is usually 5 years. Virtually all constitutions prohibit the same person from holding the office of president for more than two consecutive terms.

In states with a presidential form of government (the Republic of Azerbaijan, Georgia, Turkmenistan, the Republic of Tajikistan, the Republic of Uzbekistan), the president is constitutionally the head of state, head of executive power, supreme commander of the armed forces, represents the state in foreign relations, etc.

In some CIS republics with a presidential form of government, the constitutions of these countries also provide for the post of prime minister (Republic of Uzbekistan).

The presidents of some of the countries mentioned are also entitled to submit annual messages to the parliament on the situation in the field of domestic and foreign policy of the country. Relevant articles are enshrined in the Constitutions of Turkmenistan, the Republic of Uzbekistan, the Constitution of Georgia.

The constitutions of the CIS countries with a presidential form of government do not give the president the right to dissolve parliament.

The name of the government, its place and role in the system of state bodies, the competence in each individual country may differ (Cabinet of Ministers - in the Republic of Azerbaijan, the Republic of Uzbekistan, the Republic of Belarus, Ukraine; the Government - in the Republic of Armenia, Kazakhstan, Tajikistan).

The central sectoral bodies of executive power in the CIS countries are ministries, committees and other departments. The fundamentals of the legal status of the central executive authorities are enshrined either in the constitution of the state or in a special legal act.

In accordance with the constitutions of the CIS countries, justice in them is carried out by constitutional courts, supreme courts of general jurisdiction, supreme arbitration courts, as well as local courts and military courts.

A special place in the constitutional legislation of the CIS countries is given to the legal regulation of the organization and activities of constitutional control bodies. The name is the Constitutional Court. As a rule, constitutional control bodies exercise their control powers to verify the constitutionality of legal acts at the request of citizens, organizations and state bodies.

77. Features of Latin American constitutions

A significant factor influencing the constitutional law of Latin American countries is heterogeneity и informality social structure of Latin American society. The direct dependence of the Latin American economy on foreign capital, primarily American, has a certain impact on the entire state and socio-political life of Latin American countries.

The army should be considered a serious factor directly influencing the constitutional development of Latin American countries. The intervention of the army in the political life of the Latin American countries hundreds of times broke and deformed the constitutional order of these states throughout their formally independent historical development.

The constitutional law of Latin American countries is traditionally influenced by the Catholic Church. At the same time, the constitutional principles of the relationship between church and state are of no small importance. The Church in Latin America is one of the main bearers of social ideology. The role and position of the Catholic Church in Latin America is determined by the fact that the vast majority of the population professes Catholicism. The church has traditionally acted as one of the most effective tools of the colonial administration, under its control was public education, health care, it carried out many civil functions.

One of the characteristic features of their constitutional development is frequent change of constitutions, permanent renewal of constitutional legislation and, as a consequence, the instability of the fundamental law.

The first Latin American constitutions were built on borrowed principles.

Quite radical socio-economic programs were included in the new Latin American constitutions, which, in turn, required the adoption and improvement of new national legislation.

The constitutions of many Latin American countries are quite significant in volume, they belong to the category of detailed constitutions, including many details of legal technique, procedural rules, etc. in their texts. beyond the constitutional. As a result, individual issues are treated in the constitutions rather abstractly and contradictory.

All Latin American constitutions establish a special procedure for amending and changing the text of the main law.

The constitutions of Latin American countries in various volumes fix the constitutional rights and freedoms of citizens. Most constitutions include provisions declaring the right to work, minimum wages, maximum working hours, accident insurance, old-age pensions, etc.

Everyone is guaranteed equality before the law. Constitutions declare the right of everyone to receive education, and primary basic education is compulsory, and the state, in turn, is obliged to develop the educational system at all levels, to promote the development and raising the cultural level of the entire nation.

An important constitutional freedom is freedom of expression and information without prior censorship, in any form and by any means not prohibited by law.

The constitutional obligations of citizens are usually reduced to the obligations to pay the established taxes and fees, to comply with laws and constitutional norms, to protect the sovereignty of the state and to contribute to the protection of national security.

78. Party systems in Latin America

The political parties of most Latin American countries do not play a decisive role in the mechanism for exercising state power.

Political parties are characterized as organizations expressing "democratic pluralism". The constitutions establish that only citizens of the country with the right to vote can take part in the activities of political parties. The principal obligation of the state is not to give preference to any of the political parties and to provide them with equal opportunities in the conduct of election campaigns in the use of the media.

Constitutions generally prohibit the formation of parties based on gender, race, religion, or parties that threaten national sovereignty or aim to destroy the democratic structure of government. The constitutions directly declare that from the moment of official registration, all political parties of the country enjoy equal protection from the state.

Most of the constitutions of Latin American countries are characterized by the absence of a special section on political parties. Constitutions refer to special laws regulating in detail the activities of political parties. Usually these are laws on political parties, campaign finance, etc. Many aspects of the activities of political parties are also determined in various acts of administrative bodies, presidential decrees, orders of the government and other state bodies (including police, security services, military institutions and etc.).

Special laws and by-laws regulate in detail the process of creation and registration, the requirement for programs and statutes, the procedure for exercising membership in a party, control over party funds, the grounds and procedure for prohibiting and dissolving a political party, etc. The composition and the competence of bodies that are created both at the national and regional levels.

The law establishes direct control over funds in their revenue and expenditure parts, and party bodies are required to periodically submit information and financial reports to the electoral courts. Parties, according to the law, as a rule, are prohibited from receiving any financial resources from foreign citizens or organizations, local governments, from state enterprises. Violation of these prohibitions may entail various forms of liability of the party leadership, up to criminal, and the party itself, after the appropriate court decision, is deprived of all rights acquired as a result of official registration.

Such a strict state regulation of the activities of political parties does not prevent the emergence and existence of many small political parties, which are frankly temporary and unstable. The main goal of these temporary groupings is to get the largest possible number of their supporters into various elective positions in government or local government.

The party systems of Latin American countries are unstable character. Latin American countries are countries with a multi-party system without a monopoly acting party.

A special kind of multi-party system exists in Mexico, where, with the formal plurality of political parties in the state and political life of the country since 1929, one party has actually prevailed - the Institutional Revolutionary Party of Mexico.

79. President and government. Legislative bodies. Form of government

In the system of supreme government bodies of Latin American countries, the leading role traditionally belongs to to the president and led by him to the government.

The form of government goes beyond the usual presidential republic - it is a super-presidential or super-presidential republic.

Superpresidential form of government implies not only the vast powers of the president, enshrined in the texts of constitutions, but also their real implementation in practice. All Latin American constitutions proclaim the president as the head of state. He also heads the government and is the supreme commander of the armed forces of the country.

Superpresidential form of government functions in conditions of significant weakness of the legislative power and its almost complete subordination to the president.

Superpresidential form of government - this is actually an independent system of state administration, uncontrolled in practice by the legislative, executive or judicial branches of power, the main feature of which is hypertrophied presidential powers. This form of government provides for the principle of direct election of the president by voters without any intermediate bodies or instances. The Latin American form of government provides for the impossibility of re-electing the president directly for the next term.

Latin American constitutions establish the principle of the responsibility of the president in case of violation of the constitution or the laws of the country in force.

The president is the head of government, heading the cabinet of ministers.

The president owns leading role in government affairs: he oversees the activities of the Cabinet of Ministers, presides over its meetings, determines the agenda for cabinet meetings and decides on all major issues of government activity.

The region has both unicameral and bicameral legislative bodies. Unicameral legislatures are formed in Costa Rica, Haiti, Guatemala, El Salvador, Honduras, Panama, Paraguay and are usually called the National or Legislative Assembly. Legislative bodies of this type exist mainly in small, underdeveloped countries in Latin America. Often in practice they act there as an outright appendage of strong presidential and governmental power (Guatemala, Honduras, Haiti, Paraguay).

In the vast majority of Latin American countries, parliament has a bicameral structure and is often called the National Congress. First of all, bicameralism is inherent in federal states (Argentina, Brazil, Mexico, Venezuela). It was openly borrowed from the United States of America, copied from the American Congress and functions largely by its standards.

The legislative bodies of power in Latin America are formed on the basis of constitutional norms, special electoral laws and customs that have evolved over the years.

The main most characteristic powers:

▪ adoption and amendment of the constitution and laws of the country;

▪ approval of the state budget and distribution of state financial allocations;

▪ formation of a number of government bodies, election of officials and control over their activities;

▪ judicial powers;

▪ powers in the field of implementation of the state's foreign policy.

All Latin American congresses have the right to declare war and ratify a peace treaty, and the approval of such treaties usually requires a qualified majority of 2/3 of the entire composition of the legislature.

80. Local government

The system of local governments is built in accordance with administrative-territorial division country, one of the main units of which is the municipality. They are divided into municipalities states и provinces.

Each municipality is governed by a municipality, which is elected for a term established by law by universal, equal, direct and secret suffrage. The population usually elects the chairman, councilor and other officials of the municipality.

There are no intermediate government bodies between the municipality and the state or provincial government. State or provincial legislatures, by a two-thirds majority of their members, may suspend the activities of municipalities, declare their liquidation and suspend or annul the mandate of any of the members on one of the serious grounds provided for by the laws of the states at any time and provided that the removed from office had sufficient opportunities to present evidence and involve defenders.

In the event of the announcement of the liquidation of a municipality, or due to the resignation or absolute inability of the majority of its members to fulfill their duties, if, according to the law, deputies cannot assume the duties of members of the municipality and it is impossible to call new elections, the legislature shall appoint members of the municipal council from among the inhabitants of the local area for the remaining term. If one of the members of the municipal council prematurely terminates his duties, his place may be taken by a deputy who is elected at the same time as the municipal councilor and remains in office for the remaining term.

Municipalities have the rights of a legal person and, in accordance with the law, independently dispose of their property. Within its competence, the municipal council is empowered to issue ordinances, administrative circulars and general regulations.

Under its jurisdiction, the municipal council usually has various services: trade and drinking water supply centers, sewerage, garbage disposal, transportation, public order, street improvement, parks, gardens and any other organized in accordance with the laws of the state or province, taking into account the administrative territorial and socio-economic conditions of a given municipality.

Municipalities have significant economic independence in the socio-economic field, they can independently dispose of the income received from their property, as well as taxes and other revenues that are established by the legislature in favor of the municipalities.

Municipalities, within the limits established in relation to their laws, have the right to develop, approve and implement the zoning system and plans for the development of the municipal economy, participate in the creation and management of their territorial reserves, control the use of the land under their control and exercise general supervision over it, issue licenses and permits for construction, to receive income from enterprises and services of municipal property, to carry out other economic activities.

Local governments in Latin American countries cannot directly engage in political activity or make political decisions, although they are responsible for issuing permits for rallies, processions, demonstrations and meetings in public places, as well as maintaining general order during these events. For these purposes, the forces of the municipal police, directly subordinate to the municipal authorities, are usually used.

81. Factors affecting the constitutional law of Arab countries

A widespread practice of adopting constitutions without the participation of the highest representative body due to the absence of such or the severe limitation of its powers. Thus, many constitutions and constitutional acts in the Arab countries were adopted by a body such as a revolutionary council (the interim Constitution of Iraq in 1970, the constitutional Declarations of Libya in 1969 and the YAR in 1974, etc.), most constitutions in monarchies were put into effect solely by the ruler ( interim Basic Law of Qatar 1972, Constitution of Oman 1996, etc.).

On the eve of independence, most of the countries of the Arab East were feudal or semi-feudal societies. The traditional form of government in the countries of the Arab East was a monarchy, and monarchies most often had an absolutely theocratic character. In most Arab countries, constitutional development begins only after the Second World War with the consolidation in the first constitutions, adopted in the 50-70s, of the fact of achieving political independence.

The result of the rapidly changing political situation in the Arab countries is provisional constitutions, which are expected to operate within a relatively short transition period. Interim constitutions were adopted in Egypt (1958 and 1964), Kuwait (1962), Sudan (1964), Syria (1969), etc.

The ideological factor was of great importance to the Arab countries. The choice of certain models of socio-political development was determined by the group and ideological sympathies of the regimes that came to power in the Arab countries.

The various social orientations of the Arab countries had an impact on the structure of constitutions. The constitutions of the countries with a socialist orientation of that period included such sections as: "On Socialism" (Constitution of the Andra of 1976), "National-Democratic Foundations of the Social Structure and State Order" (Constitution of the PDRY in the edition of 1970), etc.; they openly consolidated the socialist path of development. The nature of the social orientation of the countries of this group also explains the constitutional consolidation of the leading role of the ruling revolutionary-democratic party in the political system (in Algeria - the National Liberation Front Party, in the PDRY - the Yemeni Socialist Party, in Iraq and Syria - the Arab Socialist Renaissance Party (Baath), in Tunisia - Socialist Dusturov Party, etc.). In the constitutions and policy documents, this issue was given great importance.

The constitutions of a number of Arab countries often copied the corresponding constitutional acts of the former metropolitan countries. In Morocco, for example, the Constitution of 1962 reproduced in its main features the constitution of the Fifth Republic in France.

The influence that the constitutions of individual countries of the region have on the constitutional legislation of other countries. Thus, a number of important provisions of the Interim Constitution of the UAR of 1964 and the Constitution of the ARE of 1971 were adopted by the Constitutions of Syria (1973) and Sudan (1973).

Traditions play an important role in the political life and state-legal development of the Arab countries, forming a powerful fund of socio-historical, political, cultural and, above all, religious heritage.

In all Arab countries, where the religious composition of the population is too heterogeneous, constitutions proclaim Islam as the state religion or Sharia as the main source of legislation, or both of these principles. In addition, many constitutions declare Islam to be the religion of the head of state.

82. Forms of government in the Arab countries. Monarchy

The monarchical form of government has been preserved at the present time in Morocco, Jordan, Saudi Arabia, the Sultanate of Oman and the Sheikhs of the Arabian Peninsula.

Absolute monarchies in the Arab states have survived to the present day in Saudi Arabia and Oman.

In Oman, the preservation of the sultanate is due to the fact that the guarantor of the monarchy is the Western powers, primarily England and the United States, which still hold important positions in the economy of this country. There is still no parliament there, and all legislative and executive power belongs to the Sultan. The government is formed and headed by the Sultan, responsible only to the Sultan. Deputy Prime Ministers are usually the closest relatives of the Sultan. The Sultan is also the Supreme Commander of the Armed Forces and holds the posts of Minister of Foreign Affairs, Defense and Finance. The advisory body that existed in Oman since 1981 - the State Advisory Council - was transformed into the Shura Council in 1991. He has the right to make recommendations on the revision of existing laws related to the socio-economic sphere.

The Kingdom of Saudi Arabia is led by a king. The king here acts as the personified bearer of the power of the clan, recognized as the dominant tribe. The King of Saudi Arabia is not only the head of state, but also the spiritual head (leads the Wahhabi sect), and also performs the functions of prime minister, commander-in-chief of the armed forces and supreme judge. The government (Council of Ministers) is formed from members of the royal family appointed by the King. The kingdom has an Advisory Council under the monarch, consisting of 40 representatives of the ruling dynasty and noble aristocratic families, a Legal Council of 20 ulema, especially revered experts on the Koran, as well as councils under the governors, acting like traditional tribal councils under the sheikh.

In Qatar, the entire legislative and executive power belongs to the Emir. The powers of the monarch are extremely wide. He represents the state in foreign relations, is the supreme commander of the armed forces of Qatar; appoints and dismisses civil and military servants, forms the Defense Council. By his decree, the Emir can cancel any verdict of the court.

Legislative power in Kuwait is vested in the Emir and the National Assembly. Executive branch - Emir and the Council of Ministers. Since the adoption of the Constitution, the crown prince has been appointed head of government.

The unicameral National Assembly, according to the Constitution, consists of 75 deputies. Only literate, born Kuwaitis males enjoy the right to vote.

Jordan is a dualistic monarchy. According to the constitution, the head of state is king, which has broad powers in the field of legislative and executive power and is "free from any subordination and accountability."

Jordan's highest legislature - National Assemblyconsisting of the Senate and the Chamber of Deputies. The Senate is appointed by the King for a term of 4 years (its membership is renewed by half every 2 years). The Chamber of Deputies is elected for 4 years by direct and secret elections.

Morocco is politically the most modernized and "liberal" of all the Arab monarchies. All three Constitutions enshrined the principle of heredity of royal power, inviolability and sacredness of the personality of the monarch, who is a symbol of the unity of the nation, its highest representative and spiritual leader. The monarch is also the supreme commander; he appoints the prime minister and forms the composition of the government.

83. Republican form of government

The republican form of government in the Arab world emerged as a result of various processes:

▪ during colonization (Algeria, Lebanon, Syria, Sudan, Mauritania);

▪ during the national liberation movement, during the conquest of political sovereignty in the struggle against the colonialists and the sultans who relied on them (South Yemen), due to the strengthening of the positions of the national liberation forces that came to power (Tunisia) or the overthrow of royal power in formally independent states in the process anti-monarchical military coups (Egypt, Iraq, North Yemen, Libya).

Republican regimes in Arab countries are often characterized by:

1) the almost complete disappearance of liberal-democratic parliamentary forms in their pure form, which indicates the weakness of the national bourgeoisie and the inability of the ruling circles to exercise their power in the classical liberal version;

2) a complex set of ethnic, confessional, political and other contradictions and the constant confrontation of various socio-political groups, often of a violent nature, do not allow the ruling groups to ensure their main interests within the framework of a liberal democracy.

Wherever a democratic parliamentary regime has been formally preserved, it actually does not function and exists rather as a tradition and a purely external shell of political life, which each of the opposing forces seeks to use in its own interests.

The Lebanese Constitution declares Lebanon to be a parliamentary republic where legislative power is exercised by only one assembly - Chamber of Deputies, and the executive President of the Republic и Council of Ministers. However, in fact, the main role in government belongs to the president. The head of state appoints a government headed by the prime minister, who is formally responsible to parliament and is forced to resign if the latter passes a vote of no confidence. The president is elected for a term of 6 years, and the parliament - only for 4 years.

The Lebanese government, according to the Constitution, has significant powers, but can actively decide on state affairs only with the consent of the president. The exercise of the right of legislative initiative, the introduction of bills by the government into parliament is also agreed with the president. Usually the president himself presides over government meetings, especially when discussing the most important issues.

To this day, Lebanon is a classic example of the preservation of a confessional system.

The most widespread in the Arab countries are one-party regimes in the form of a presidential republic, often of an authoritarian nature, albeit with elements of parliamentarism.

In the Syrian Arab Republic, the Basic Law establishes a republican form of government. The highest body of legislative power - People's Council - elected by universal, direct and secret suffrage for a term of 4 years. In accordance with the Constitution, the powers of the parliament, in particular, include the adoption of laws, the discussion of government policy, the approval of the state budget and plans for socio-economic development, the ratification of the most important international treaties and agreements, and the announcement of a general amnesty. His legislative activity is of the greatest importance.

The central place in the state mechanism of Syria is occupied by the President of the Republic. The Basic Law of Syria gives it very broad powers. The Constitution provides that he monitors the observance of the Constitution, and also guarantees the normal functioning of the state mechanism.

84. Israeli constitutional law

Israel does not have a single written (in the formal sense) constitution.

The role of the constitution here is performed by the Basic Laws: Government 1992; President of the State 1964; Knesset 1987; Judiciary 1984; Lands of Israel 1960; Agreement on the Gaza Strip and Jericho Valley 1995; State Economics 1983; Army 1976; Jerusalem. Capital of Israel 1980; State Controller 1988; Freedom from Occupation 1992; Human Dignity and Freedom 1994.

The President, the Israeli head of state, is elected for a 5-year term by a majority of the Knesset by secret ballot. AT Its terms of reference include: the appointment of senior government positions, including the State Comptroller, the Governor of the Bank of Israel, the President and Vice-President of the Supreme Court, judges, including rabbinic judges and Muslim and Druze qadis. The head of state accredits diplomats to foreign countries and accepts letters of recommendation from foreign diplomats serving in Israel.

He maintains contacts with the Jewish leaders of the Diaspora and high-ranking foreign representatives, ensures the development of cultural and educational activities in Israel.

The legislative branch in Israel is the Knesset, which consists of 120 members who are elected every 4 years within the parties that compete with each other for votes. Each party elects its own candidates for the Knesset.

The main function of the Knesset - make laws and revise them as needed. Additional responsibilities include forming the government, making political decisions, supervising the activities of the government, electing the President of the State and the State Comptroller.

The government traditionally represents the executive branch of government. It sits in Jerusalem and consists of the Prime Minister and ministries (permanent or temporary committees). The Prime Minister is elected by popular, direct, equal and secret elections on the basis of the Electoral Law. The term of office of the Knesset and the Government is equal - 4 years.

There is a special kind of parliamentary control: government ordersthat impose sanctions for their violations come into force only after their approval by the special committee of the Knesset responsible for this problem.

Judicial power in Israel is embodied in courts and tribunals.

The courts decide the cases of persons accused of breaking the law. Organization of Common Law Courts in Israel: Supreme Court; District Court of Common Law; Magistrates' Court.

Tribunals have special power in certain cases and in relation to individuals.

The right to Israeli citizenship is recognized by virtue of repartition to Israel or residence in Israel, by birth, naturalization or by gift.

Foreigners, like Israeli citizens, enjoy equal rights, including the right to the inviolability of person, property, home and other personal rights, as well as all constitutional freedoms and their legal guarantees. Foreigners are granted the right to participate in elections to local self-government bodies.

The rights of a person and a citizen are legally fixed by the action of various legislative acts, government decisions, decisions of the Supreme Court of the country, judicial practice, and methods of resolving issues related to the status of an individual in various ethnic and religious communities.

A special place in the list of rights and freedoms is religious freedomMoreover, in the conditions of Israel, this freedom implies two aspects: on the one hand, it is the freedom to live in accordance with the customs and commandments of one's faith, on the other, not to profess any religion.

85. Constitution of Egypt

The Egyptian constitution was adopted in 1971. The constitution was developed under the leadership of the Central Committee of the Arab Socialist Union and adopted by referendum.

The Egyptian Constitution of 1971 consists of two parts: the Constitutional Declaration, which specifies the goals of the state (peace in the country, Arab unity, sustainable development and human dignity), and the Constitution itself, which contains legal norms.

The Egyptian constitution is characterized by a combination of socialist ideas, Islamic values, provisions related to general humanistic, universal principles, and finally, norms that ensure the functioning of a market economy and the capitalist development of the country in its modern social forms.

The ARE Constitution speaks of three forms of ownership: state, cooperative and private. The constitution establishes a minimum of landed property in order to protect the peasants and agricultural workers from exploitation and to provide the labor union with power in the countryside.

The state encourages the creation of cooperatives, including handicrafts, and helps them. Private property is represented by non-exploiting capital, is called upon to perform a social function in the service of the national economy, and should not contradict the general well-being of the people. It cannot be alienated without an appropriate law and due remuneration.

The constitution establishes a minimum of landed property in order to protect the peasants and agricultural workers from exploitation and to provide the labor union with power in the countryside.

Along with "non-exploitative" property, the ARE traditionally singles out the exploitative property of large capitalists and landowners.

Social solidarity is proclaimed the basis of society, it is said about the equality of opportunities for all citizens, about a social world based on justice, political and social progress, and respect for human dignity. The aim is to destroy the contradictions in the country in a democratic way.

The Constitution proceeds from the recognition of the special role of Islam in social development.

Following Sharia Law - not only a religious and moral, but also a legal duty of Muslim citizens. Islam is the state religion, the principles of Muslim law are the main source of legislation, certain state structures are built taking into account Islamic traditions.

The constitution reflects the strong influence of the concepts of Western liberalism. The ideas of separation of powers, natural human rights, parliamentarism, local self-government were accepted; constitutional control operates; human rights enshrined in the Constitution are in line with international standards.

The Constitution says that "the state is subject to law", that the rule of law is the basis of government.

In accordance with the Constitution, Egypt is a simple unitary state, consisting of administrative-territorial units. The form of government is a presidential republic.

The constitution has its own way of dealing with the issue of separation of powers. A fourth power has been proclaimed - the power of information, although it is characterized not as state power, but as the "people's power" of the press.

Changing the Egyptian Constitution, which is regarded as permanent, is difficult. Amendments to the Constitution can only be proposed by the President or at least 1/3 of the members of Parliament. They must be discussed in the Advisory Council (ash-shura), then approved by 2/3 of the members of Parliament and submitted to a referendum. Amendments are considered adopted only after approval at a referendum by a majority of votes.

86. Fundamentals of the legal status of the individual

The Egyptian Constitution specifically refers to the rights of workers, workers and peasants, poor peasants, artisans, fixing for them, special norms of representation in Parliament, in local councils and boards of cooperatives. At the same time, the Constitution enshrines traditional rights and freedoms that reflect the ideas of Western liberalism. The main focus is on political и personal rights.

The constitutional regulation of the foundations of the legal status of the individual is associated with the ideas of social justice, with the proclamation of the goals of eliminating exploitation and income inequality.

The constitution provides for the equality of all citizens in rights and duties, regardless of gender, language, ethnic origin, religion and beliefs, but reservations about Sharia give the principle of equality its own characteristics.

Among the socio-economic rights are the right to work and education, it is also said about the freedom of scientific and artistic creativity.

Political rights are presented in the Constitution in full, but often there are reservations that their use must comply with moral, i.e. Islamic, principles (for example, when proclaiming freedom of assembly). There is a law on national unity and social peace, which prohibits people who deny divine laws or participate in movements that do not recognize such laws from holding leadership positions in the media and public organizations.

Among the political rights in the Constitution are: voting rights, the right of citizens to express their opinion on issues submitted to a referendum, the right of citizens to apply to state bodies (but not on behalf of any unorganized group, but personally), freedom of opinion and speech, peaceful marches and demonstrations, freedom to form associations (trade unions, which should be created on the basis of democracy), freedom of assembly. Representatives of the security agencies are not entitled to attend private meetings, but they may be present at meetings discussing public issues in cases provided for by law.

The right of association is provided for, but in reality it is limited: for each nationwide association, a special, empowering law must be adopted.

The constitution contains a wide range of personal freedoms of citizens: freedom of the individual, called the natural right of man, freedom of religion and religious rites, movement within the country and leaving it, inviolability of personal life, secrecy of correspondence, telephone and telegraph messages. Special provisions relate to guarantees against arbitrary arrest, guarantees of the rights of the accused. At the same time, individual rights of the individual can be limited by decision not only of the judiciary, but also of other, as mentioned, competent authorities. The use of a number of rights is possible only if it corresponds to the moral foundations of the country.

In general, the human rights proclaimed in the Egyptian Constitution are in line with international standards, although in practice there is a certain departure from these positions, especially with regard to the legal status of women. In 2000, a law was passed that gives a woman the right to demand a divorce due to the dissimilarity of characters, but in this case she must refuse alimony; if the husband demands a divorce, alimony is provided.

Among the duties of citizens, the Constitution names: the defense of the Motherland, the protection and support of socialist gains, the preservation of national unity, state secrets, the payment of taxes, participation in public life (mandatory participation in elections and referendums).

87. Legislative, executive and judicial power

Legislative power is exercised by the unicameral People's Assembly (Parliament)elected by citizens under a mixed electoral system for a period of 5 years. The People's Assembly must include at least 350 members elected and no more than 10 members appointed by the President. At least 50% of the composition of Parliament must be workers and peasants. Deputies of Parliament are united in party factions, permanent and temporary commissions are also created in the People's Assembly, and its chairman is elected.

Parliament determines the general policy of the state, adopts a plan for economic and social development, the budget of the state, approves a report on its implementation, exercises control over the activities of the government and ministers to a certain extent.

Legislative initiative belongs to To the president и any Member of Parliament. A draft law submitted in the name of the President is sent to the appropriate standing committee, and a "private bill" of a member of Parliament goes first to a special committee and only then to a standing committee. The draft law on the budget can only be submitted by the government.

The People's Assembly exercises parliamentary control. Deputies have the right to ask questions to ministers at meetings of Parliament, at the suggestion of at least 20 deputies, a discussion on public issues and government policy can be started. The Government is jointly and severally liable to the Parliament. Each minister is personally responsible for the work of his ministry. The People's Assembly can deprive the ministers of confidence, but only after interpellation. A motion of no confidence during interpellation can be made by 1/10 of the members of Parliament, the decision is made by a majority of its members.

Advisory board - advisory body of the Parliament and the President. This body consists of at least 132 members, 2/3 of whom are directly elected and 1/3 are appointed by the President. The term of office of its members is 6 years, but the President may dissolve this body ahead of schedule. The Council is renewed by half in 3 years. It is forbidden to combine the mandate of a member of the Parliament and a member of the Advisory Council.

In Egypt, executive power is vested in the President, who is both head of state and chief executive, and the government, which is characterized by the Constitution as "the highest executive and administrative (administrative) organ of the state."

The president is elected by direct elections by the citizens of the state for a term of 6 years. Such elections in Egypt are called a referendum. An Egyptian citizen born to Egyptian parents (i.e. not a naturalized citizen) who is at least 40 years of age may be nominated as a candidate. The president determines the general policy of the state and oversees its implementation, convenes the People's Assembly for meetings, closes extraordinary meetings, has the right to dissolve the Parliament under certain conditions, which is not inherent in a typical presidential republic.

Government - Council of Ministers. The head of government is the President, in Egypt there is a post of prime minister. The prime minister and ministers are appointed by the President, and the appointed prime minister is not required to nominate the prime minister and ministers of his cabinet to the president. Members of the government take an oath before the President. A minister cannot acquire state property or engage in entrepreneurial activities.

In Egypt, there are general courts, there are some special courts, as well as courts specializing in certain categories of cases. There is a system of administrative courts.

88. Local self-government and administration

The system of local bodies that manage public life is based on a combination of state authorities in the field and local self-government bodies, principles of centralization и decentralization.

First principle finds its expression in the existence of appointed representatives of the center (state power) in the field. They are governors, heads of districts, mayors of cities. Heads of villages, sheikhs of city blocks, elected by the population, are also considered as representatives of state power. They are given certain powers of the central executive authorities in the field (the so-called deconcentration).

Second principle associated with the activities of local representative bodies elected by the population - people's assemblies of administrative-territorial units: provinces, districts, cities, intra-city districts, villages.

There are 27 governorates (provinces) in Egypt, which are divided into districts, the latter into districts, and the districts into villages.

For each province, the President appoints a governor.

Governor - Representative of the executive power of the state in the province. He is responsible for ensuring the food security of the province, the efficiency of industrial and agricultural production, for the state of public security, order and public morality, for the protection of state property. He exercises control over all public services in the province, except for the courts. The Governor is responsible to the President and the Prime Minister and is required to submit regular reports to the Minister for the Council of Ministers and Local Government and to the local people's council.

The governor heads the provincial administrative body - executive board, which includes assistants to the governor, appointed by the prime minister on the proposal of the governor, heads of districts, mayors of cities and some other persons. The Executive Council coordinates the work of the executive apparatus, officials, prepares a draft local budget, draft decisions of the provincial people's council, and implements these decisions.

The other heads of administrative-territorial units (districts, districts) appointed by the minister, governor, have powers similar to those of the governor in their administrative-territorial units.

Local self-government bodies are elected by citizens people's councils of administrative-territorial units. The provincial council has significant powers: it exercises general control over the activities of any services in the province, but in the event that their activities relate to provincial rather than national issues, it makes decisions on the creation of local enterprises and services, approves the local self-government budget; it has the right to establish local taxes and fees, etc. In the exercise of its powers, the council makes decisions. The governor and the executive council are responsible for implementing these decisions. In practice, however, the main prerogatives for the administration of the province lie with the governor. He also has the power of veto over council decisions. If the council insists on its decision, the dispute is referred to the government, which finally decides the issue.

The powers of the lower people's councils, their relations with the appointed chiefs of districts and cities (mayors) are similar to those inherent in the powers of the provincial council and its relations with the governor, only they are of lower rank or ranks.

89. Constitution of Brazil

The Brazilian constitution was adopted in 1988 after a long period of military rule and a period of transition that followed. It was adopted by the bicameral Constituent (Constitutional) Assembly.

The Brazilian constitution has a pronounced social character.

It refers to urban planning policy, consumer protection, the procedure for issuing permits for the exploitation of the environment, the accrual of pensions, the procedure for the sale and resale of oil and motor fuel.

The Constitution lists as its main goal the creation of a democratic state that ensures personal and social rights in a pluralistic society, the highest values of which are equality and justice based on social harmony.

Federalism - one of the basic principles of the Brazilian democratic state.

The constitution lists generally accepted principles of international law (independence, equality, non-interference in internal affairs, etc., as well as the rejection of terrorism and racism and the provision of political asylum).

The constitution regulates relations with the natives of the country - the Indian tribes. It recognizes their right to social organization, customs, beliefs, as well as the right to land traditionally occupied by them.

The Constitution speaks of the possibility of nationalizing enterprises, of an acute problem for Brazil - land reform. In principle, this issue has been resolved in favor of the landowners. The government is allowed to expropriate estates if they do not meet the requirements of "social function", with fair compensation paid within 20 years, but industrial property should not be seized.

The Constitution speaks in detail about the economic structure of society based on the postulates of a market, socially oriented economy. It establishes that the economic order in the country is based on labor and free initiative, its goal is to ensure a decent existence for everyone in accordance with "social justice". The Brazilian economic system is based on the sovereignty of the state, private property and its social function, free competition, consumer protection, protection of the environment, the search for full employment, etc.

The Brazilian Constitution is a democratic constitution. It provides for a multi-party system, political pluralism, separation of powers, certain measures against the concentration of power, weakens the powers of the President and strengthens the role of the Parliament, and provides for local self-government.

Some specific provisions of the Constitution reflect the traditions of the Latin American legal doctrine, the peculiarities of the mentality of the population of this part of the world, and the connection with the traditions of the Spanish and Portuguese legal culture.

Brazilian Constitution "hard". The procedure for changing it is rather complicated, although it does not provide for the mandatory participation of subjects of the federation (states, federal district). Amendments to the Constitution can be proposed by the third part of each of the two houses of Parliament, by the President, by more than half of the state legislatures. They must be passed twice by both Houses of Parliament, each time by a 3/5 majority of their composition. After that, the amendment is promulgated by the presidiums of the chambers of Parliament (the Chamber of Deputies and the Senate), and not by the President.

More than 20 amendments have been adopted to the Constitution. They have different names: amendments and revisions.

According to the form of government, Brazil is a presidential republic, according to the form of political and territorial structure - a federation. The country has a democratic state regime, but its institutions are underdeveloped.

90. Basics of the legal status of the individual in Brazil

The Brazilian Constitution contains many provisions relating to human and civil rights. Here are named such individual rights that previously usually did not rise to the constitutional level, for example, the right to the 13th salary, the right to free assistance to children under 6 years of age, the right of pensioners to index pensions in accordance with inflation, etc.

The Constitution enshrines the principle of equality of individuals (before the law, regardless of gender, race and nationality, as well as regardless of profession, education and other personality characteristics). All Brazilians and foreigners are equal before the law when it comes to the right to life, security and property.

The norms on socio-economic rights, which also apply not only to citizens, are especially widely represented in the Constitution. Among them are the right to work, rest, education, health protection, social security, social protection (meaning the categories of the population in need of such protection, for example, the disabled). A special group of social rights is the rights of workers. These include the right to strike, the right to form trade unions, the right of workers to the 13th salary by Christmas, to participate in the management of enterprises and in the profits of enterprises, the right to social security, etc.

The political rights enshrined in the Brazilian Constitution are mainly traditional character: voting rights, freedom of speech, assembly, association, etc. - but some of them are interpreted much more broadly than in the previous Brazilian constitutions, certain reservations that prevented the exercise of these rights have been removed.

In the sphere of personal rights and freedoms, the Constitution includes both traditional rights and some of those that are new to constitutional law. The traditional ones include: inviolability of the person, home, privacy of correspondence, many procedural rights. Among the non-traditional rights are the right to information and the dissemination of information found in other new constitutions, procedure habeasdata - the right of Brazilian citizens and foreigners living in the country to receive all information about themselves, which is available in government bodies, the rights of consumers, the right of everyone to a balanced environment.

Some procedural rights have been specified in the Constitution (for example, it refers to cases when a lawyer must be invited during detention, how the grounds for detention must be reported).

Collective rights are also formulated quite broadly in the constitution: a collective demand for the abolition of acts of state bodies that encroach on national health, morality and the environment, as well as an appeal to the court of an association in which a citizen has been a member for at least a year, demanding the protection of his personal rights.

The Constitution speaks of the rights of the political opposition (it must have access to all official documents of the government, the right to respond to it, its representatives must be included in some advisory bodies under the highest officials of the state, etc.), the concept of collective security is introduced (the right to legally functioning for at least one year of a political party, trade union organization, other association to demand from the court the protection of its members or persons adjoining this organization), refers to the right to self-determination.

The Constitution provides collective and individual duties of citizens (observe the Constitution and laws, pay taxes, the obligation of trade unions to participate in collective agreements, etc.).

91. Legislative, executive, judicial power

The federal legislature is National Congress. It consists of the Chamber of Deputies and the Senate.

Chamber of Deputies elected for four years by proportional representation. As a result of the use of the proportional electoral system, several parties are represented in the Chamber of Deputies.

Senate consists of representatives of the states and the federal district, senators and their deputies (three senators and two deputies for each senator).

The powers of the Parliament are divided into two groups: issues that it decides with the sanction of the President, and issues that it decides on its own. To The first group of questions includes:

▪ taxation system;

▪ regulation of the armed forces;

▪ national plans;

▪ connection or separation of territories and states;

▪ creation of ministries and other public administration bodies;

▪ creation of the prosecutor's office, administrative courts, amnesty, etc.

Without the sanction of the President, the National Congress has the right to finally decide on international agreements, on the passage of foreign troops through the national territory; it authorizes the President to decide questions of war and peace, authorizes federal intervention in the state, approves government initiatives on nuclear programs, executive acts that are issued on the basis of regulatory power or delegation of legislative powers, authorizes the President and Vice President to leave the country for more than 15 days, etc. Parliament has control powers over the executive, but these powers are small.

Executive power belongs to the President of the Republic, who is assisted by ministers. Ministers form the Cabinet, which sits under the chairmanship of the President and is his deliberative body. The president is elected for a four-year term by direct vote of the citizens under an absolute majority system.

The President independently appoints ministers; directs the entire federal administration; signs and publishes laws; has the right to veto; issues decrees and regulations in the field of executive activity; issues acts having the force of law; manages relations with foreign countries; signs international agreements. The President is the supreme commander in chief.

Along with the Vice President and ministers, the President is assisted in his work by two important deliberative bodies: the Council of the Republic and the National Defense Council.

There are two court systems in Brazil - federal и of states. The judicial system of the federation and the judicial system of the states include courts of general jurisdiction (general courts) and several types of special courts. The highest body of the judiciary is the Federal Supreme Court.

General courts in the federation These are the Federal Supreme Court, the High Court of Justice, the courts in the federal judicial districts and territories, and other general courts. Special federal courts - labor courts, electoral courts, military courts, etc.

The appointment of a federal judge is carried out as a result of a public competition in which the organization of lawyers of Brazil participates. Persons with 10 years of experience in legal practice may be appointed as judges and prosecutors. The higher courts have organizational rights in relation to the lower ones: they have the right to change the number of lower courts and the number of their members. Administrative and disciplinary issues of the judiciary are decided by a special body - the magistracy. The courts are financed under a special budget item, the allocation of funds within this item is carried out by the judiciary itself.

92. Brazilian federalism, local government and governance

The Brazilian Federation has originality: as its constituent parts are named not only the states and the federal district, but also the administrative-territorial units into which the states are divided - the municipalities. Federal law may also create federal territories administered from the center. There are currently 26 states and a federal district in Brazil, as well as approximately 4300 municipalities into which the states are divided.

Differ three main areas of competence: the exclusive competence of the union, the joint competence of the union, the states, the federal district and the municipalities, and, finally, the joint competence of the union, the states and the federal district (excluding municipalities).

Union, states, district, municipalities have their own property. The main natural resources and the most important structures associated with the use of natural resources, communication routes, land plots and structures intended for military purposes, border islands and zones, sea and river beaches, etc. belong to the federation. States have ownership of surface water, groundwater, development land, and other properties. Municipalities also have their own property. At the same time, the Constitution establishes that the states, the federal district, the municipalities participate in the operation and income from federal property, but the tax shares of the states and municipalities are very small.

The states have their own constitutions, the system of their bodies is in many ways similar to the federal system. In the states, legislative bodies (unicameral legislative assemblies), executive bodies (governor and vice-governor elected by the population for five years), and judicial authorities (state courts) are formed. For the purposes of government, the states may create internal districts, other territorial units.

Intervention (intervention) of the federation in state affairs is possible: to ensure the integrity of the country, to prevent foreign invasion, in the event of a threat to public order, for the free exercise of power, the protection of constitutional principles, the protection of municipal autonomy, etc.

The position of the federal district is similar to that of the states, but the district is not headed by a governor, but by an elected prefect. According to the Constitution, the federal territory has its own administration, courts appointed from the center. If more than 100 people live in a territory, the population elects a territorial assembly with advisory (under the governor) functions (there are no more territories, as noted).

In municipalities, there are representative bodies (assemblies, juntas) elected by citizens for 2-4 years, which at their sessions adopt local development programs and the local budget. The number of members of the council is strictly established by the federal Constitution and depends on the number of residents of the municipality.

Management issues in the municipality are in charge of the prefect elected by the population, who implements the decisions of local councils and has his own competence - ensuring order, managing the police, etc. The prefect is the chairman of the local assembly (council) and at the same time the representative of state power in this municipality.

A huge role in the management of local, and not only local, affairs in Brazil is played by large landowners, owners of hacienda, on which the peasants depend (in Brazil there are estates that are larger than some European states in size).

In the settlements of Indian tribes, their bodies are traditional tribal gatherings, tribal councils (elders), persons elected by meetings or councils (leaders) responsible for certain areas of tribal life.

References

1. Foreign constitutional law / Responsible. ed. V.V. Maklakov. M., 1996.

2. Constitutional (state) law of foreign countries. T. 1-2: General part / Resp. ed. B.A. Scary. M., 1996-1997; T. 3: Countries of Europe. M., 1997.

3. Constitutional law of foreign countries / Ed. M.V. Baglaia, Yu.I. Leibo, L.M. Entin. M., 1999.

4. Constitutions of the states of the European Union. M., 1997.

5. Constitutions of foreign states. M., 1996.

6. The Constitution of the People's Republic of China in 1982 // People's Republic of China. Constitution and legislative acts / Ed. L.M. Gudoshnikov. M., 1984.

7. Constitution of Ukraine//Constitutions of the CIS and Baltic countries. M., 1999.

8. Constitution of the Federative Republic of Brazil // Law and Life. 1998. No. 16. S. 71-242.

9. Aranovsky K.V. State law of foreign countries. M., 1998.

10. Baglai M.V., Tumanov V.A. Small encyclopedia of constitutional law. M., 1998.

11. Constitutions of the states of Central and Eastern Europe. M., 1997.

12. Government, ministries and departments in foreign countries. M., 1994.

13. Cherkasov A.I. Comparative local government. Theory and practice. M., 1998.

14. Chirkin V.E. modern federal state. M., 1997.

15. Chirkin V.E. Constitutional law of foreign countries: Textbook. - 3rd ed., revised. And extra. - M.: Jurist, 2001. - 622 p.

Author: Belousov M.S.

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