CONSTITUTIONAL LEGAL OPINION XIX – BEGINNING XX CENTURY ABOUT THE BASICS OF ORGANIZATION AND EXERCISE OF STATE POWER

Abstract

The article is devoted to the analysis and generalization of political and legal thought of Ukrainian and foreign ju’rists of XIX – beginning. XX century. (I. Andreevsky, J. Blunchli, O. Gradovsky, G. Ellinek, M. Kovalevsky, F. Kokoshkin, F. Kolb, M. Korkunov, S. Kotlyarevsky, M. Lazarevsky, L. Petrazhitsky, M. Rennekampf, O. Romanovich-Slavatynskiy, M. Trubetskoy, B. Chicherin, L. Stein, etc.) on the constitutional foundations of the organization and exercise of state power. It is argued that during this period, mentioned by other constitutionalist scholars, a system of general principles was formed, which determined the essence and social purpose of the state, the constitutional foundations of the organization and the exercise of its power. It is emphasized that the study of the constitutional foundations of the organization and exercise of state power got its new sound after the emergence of the first constitutions and constitutional acts that consolidated the achievements of the so-called. The “great revolutions” of the beginning of the bourgeois era in the Netherlands, England, the USA, France, Poland and others. states. At the same time, the emergence of the first bourgeois constitutions in Europe and America enriched the traditional mechanisms of legal regulation in at least three basic subjects: human rights and freedoms and their guarantees; democracy, as well as the constitutional foundations of the organization and exercise of state power. Later, with the advent and development of the XIX century. science of constitutional law, then jurists substantiated the key principles of organization and exercise of state power in a constitutional state. Most of them (rule of law, separation of powers and system of balances between branches of state power, parliamentary government, responsibility of the state to citizens and civil society, etc.) remain relevant and are enshrined in the constitutions of Ukraine and foreign states in the XXI century.