Политическая свобода в трудах представителей французской либеральной школы второй половины XIX в.

Abstract

In France, the legal state was formed in the last two hundred years, based, inter alia, on respect for human rights and freedoms. Since the Declaration of the Rights of Man and of the Citizen (August 1789) securing human rights and freedoms, was in France a constitutional principle. In this context, the study of the major political and legal concepts of human rights and freedoms does not lose its relevance. The article attempts to analyze the political and legal ideas of the French liberal school of the second half of the XIX century. on political freedom. It is noted that one of the most prominent representatives of this school were L.-A. Prevost-Paradol and E. Laboulaye, whose views are, in many respects, identical. One of the central places in their understanding of the scientific heritage takes the concept of political freedom. It is emphasized that their work is mainly «New France» and «The Liberal Party, its program and its future» had a significant impact on the formation of the constitutional institutions of the Third Republic in France. In particular, the Constitution of 1875 provided for the formation of a bicameral parliament, the lower chamber of the election on the basis of direct universal suffrage, the political responsibility of Ministers to Parliament. Liberty viewed French liberals as an individual concept. Moreover, political freedom, as opposed to the civil - volatile, as they are directly dependent on a particular historical epoch and political institutions of different countries. Political freedom in the treatment of E. Laboulaye, included four main elements: the right to vote, freely elected national representative with broad supervisory powers, an independent judiciary and a free press. Their embodiment depends on the will of the state, or rather, the constitutional consolidation of political freedoms. The article concludes that, in the opinion of the French liberal school, the implementation of political freedom depends, first, on the existence of a constitution in the State and, secondly, from the establishment of a democratic political regime.