History of state and law of foreign countries. State law and written constitutions of bourgeois law (most important)

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History of state and law of foreign countries. State law and written constitutions of bourgeois law (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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State law and written constitutions of bourgeois law

The founders of the principles and institutions of bourgeois law are Vico, professor of law at Naples, English philosopher Locke, French lawyer Montesquieu, Italian beccaria.

A notable feature of bourgeois legal science at its initial stage was the belief in the omnipotence of reason, in its ability to discover and formulate the laws that govern society: "Human society was created by people, therefore, a person is able to understand it" (Montesquieu). Much later, in still backward, semi-feudal Germany, Hegel He will say: "A man must find his reason in law."

Enlightenment philosophy conveyed to the revolutionary time an unshakable confidence in the omnipotent power of the law, that with the help of the law, only good and good law, everything can be done, one has only to wish. This naive belief, which can bring as much evil as good, gave rise to just demands for the strict certainty of the law (Montesquieu), the inadmissibility of its arbitrary interpretation (Condorcet: the interpretation of the law is the creation of new norms).

It was even believed that the law, which is based on "human nature", is capable of regulating not only current relations, but also all future ones. The logical consequence of such views was the "legislative insanity" characteristic of the revolutionary epochs of bourgeois history. The political struggle took on a peculiar character: sometimes it seemed that the reason dividing the parties was mainly disagreements on questions of law and legislation.

In most of Europe, the ruling classes for a long time refused to accept the very idea of a written constitution.

England, which gave the first example of it ("Tool of Control" of the era Cromwell), the first to establish itself in its negative attitude towards any systematic legislative establishment of the foundations of state administration. Known expression of the lord Palmerston: "I am ready to give a good reward to anyone who brings me a copy of the English constitution." The real beginning of constitutional government was laid United States of America and revolutionary France. A new stage in the history of written constitutions began with the success of the liberation war in the Spanish colonies. America.

В 1830 BC written constitutions become the basic law of Belgium and Switzerland: the first establishes the regime of a limited (parliamentary) monarchy, the second - a bourgeois-democratic federal republic. AT 1848 BC and in the period closest to it, written constitutions are adopted Denmark, the Netherlands, Piedmont, Prussia, South German states, Austria, Serbia, Romania, Bulgaria, finally, Japan.

Most of the European constitutions inherited the institutions already tested by the practice of state administration in England and France: the king, two chambers, the right of the "people" to participate in elections, the collective responsibility of the cabinet to the lower house, the irremovability of judges.

The upper houses almost everywhere consisted of appointed or hereditary members. In addition to the states already known to us, where this order was recognized, we also note Spain. Constitution 1876 BC created a senate here, consisting of half hereditary grandees and members appointed by the king. A high property qualification was a prerequisite even for hereditary peers (at least 60 pesetas of annual income).

It was a little better in those states where the second chamber was staffed on the basis of elections (Belgium и Netherlands, Sweden и Denmark). In the Netherlands, for example, 39 members of the upper house were elected on the basis of: 1 deputy from 3 thousand large taxpayers.

Author: Selyanin A.V.

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