On the Question of Liberal Constitutional Tradition
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Abstract
The article analyses the effect of social and political factors on the development of the constitutional construction. Discussing the legal status of person as well as the relation between an individual and the state, the problem of the liberal constitutional tradition inevitably arises.
Not paying too much attention to the definition of this tradition the questions of the birth of the liberal constitutional tradition and its further evolution are analysed in the article. The regard is paid on the practice of the development of this tradition in the United States of America and Europe, where the summoned practice israther different. In order to sharpen the essence of the liberal constitutional tradition the opposite strain of the constitutionalism – the authoritarian constitutionalism is also analysed.
Analysing the connection between liberalism and democracy the changed role of constitution comes into the view. Constitution becomes a measure determining the content of future action, i.e. the programme role of the constitution is increasing.
Not paying too much attention to the definition of this tradition the questions of the birth of the liberal constitutional tradition and its further evolution are analysed in the article. The regard is paid on the practice of the development of this tradition in the United States of America and Europe, where the summoned practice israther different. In order to sharpen the essence of the liberal constitutional tradition the opposite strain of the constitutionalism – the authoritarian constitutionalism is also analysed.
Analysing the connection between liberalism and democracy the changed role of constitution comes into the view. Constitution becomes a measure determining the content of future action, i.e. the programme role of the constitution is increasing.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
