What is the constitutional state

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Different sources ambiguously give definition of the constitutional state. But a basis of this concept is the statement that the law and the right extend to all citizens of the country including on power structures, equally. Before the law all are equal.

According to the definition presented in the Big legal dictionary, the constitutional state – such type of the state which is founded on the constitutional mode which legal system is developed and consistent and judicial authority is effective. In the constitutional state the social control over the power is realized. Process of formation of the constitutional state can be divided into three stages united by uniform sign of the sovereignty of legal relations. The first stage – recognition of sovereignty of the state. Then in the course of long fight of the people and nations for the rights the sovereignty of society was approved. Gaining sovereignty of the right, that is the rule of law over each citizen of the state, over the power and will of the individual and society became the third stage.

In the constitutional state submit to the law both public authorities, and ordinary citizens. The main problem is that the state itself issues laws including those which limit its power. Therefore it is also necessary that the highly moral persons capable to realize equality of all before the law and not blinded by the power ran the country.

Citizens of the constitutional state are free and independent, everything that does not forbid the law is authorized to them. On the other hand, they are responsible for the values, both material, and spiritual. Society of such citizens has to recognize rule of law and the government designed to ensure safety in the country. One more important characteristic of the constitutional state is real division of the incorruptible power into legislative, executive and judicial branches. Only in this case independent assessment of illegal acts is possible. Not only laws, but also the citizens ready to live under laws of the state and morals, highly moral, with the developed call of duty, self-criticism and decency become an integral part of legal relations in the state.

Author: «MirrorInfo» Dream Team

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