Typical World-Wide Deviations from Constitutional State Model

Sergey A. Denisov
Year: 2015
DOI:
UDK: 342
Pages: 46-55
Language: russian
Section: Legal and political in social, state, military history of Russia and the World
Keywords: constitutional state, prerequisites for building the constitutional state, natural and positive law, division of powers, human rights, equality, legality, legal regulation types.
Abstract
Modern states often declare themselves to be constitutional states meanwhile they simply copy Western constitutional norms. In reality, however, they are not able or willing to become constitutional. The article considers typical deviations from the constitutional state principles that exist today in different countries of the world, they are: the persistence of the rule of state instead of the rule of law, the misrepresentation of the natural law, the rejection of the division of powers, the restrictions upon human and civil rights and freedoms, etc.
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