ANTHROPOCENTRISM IN STATE GOVERNMENT: A CONSTITUTIONAL OVERVIEW OF EMPIRICAL FACTS OF STATE GOVERNMENT IN CENTRAL AND EASTERN EUROPE (FRANCE, CZECH REPUBLIC AND POLAND)

Abstract

The development of modern democratic states and their understanding in its focus is increasingly shifting from the plane of events to the subjects of events. This leads to a dependence of state-building events on various anthropocentric factors: knowledge, skills, experience or interests. Such elements influence and determine the directions of development of the whole state organization and its functioning. The constitutional basis for the application of the human factor itself, the legal basis for the exercise of the discretion of civil servants in the exercise of their functions and powers is the important question in context of this research. This article uses two areas of review to address these issues. On the one hand, it is an analysis of the empirical facts of the application of anthropocentric factor in the states-making processes of the countries of Central and Eastern Europe (France, Czech Republic and Poland) on the basis of such criteria as experience, decisions, veto rights, speeches (reports and appeals), personal voting, as well as personality and activity criteria. On the other hand, it is a study of the connection between these empirical facts and constitutional norms that make the realization of the knowledge, skills and experience of a person possible at the legal level of basic law. The complex approach of the research with its result will allow to distinguish the norms that are anthropocentric in their nature, that is, they provide a certain element of freedom of human potential in the exercise of function and powers in state-making processes. This approach also allows to expand the facets of modern constitutionalism. Combining the achievements of the various sciences and using them in constitutional law, the latter acquires a new tool for improving the legal technique of constitutional norms, content and quality component. The anthropocentric approach in constitutional law contributes to addressing legislative gaps on the deeper foundations of constitutional capacity, creates the ground for new ways of regulating certain public-power relations in the future, and also meets the requirements of modern society and the tendencies of the element of the human factor.