Social Constitutional State as Necessary Institutional form of Legal Freedom

Valentin Yakovlevich Lyubashits,Evgenia Yurevna Kiyashko,Alla Aleksandrovna Timofeeva

doi:10.5901/mjss.2015.v6n3s6p263

Valentin Yakovlevich Lyubashits, Evgenia Yurevna Kiyashko + Show 1 more

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https://doi.org/10.5901/mjss.2015.v6n3s6p263

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Abstract

The author’s article analyzes formation, evolution and modern functioning of state as an institutional form of legal freedom. It shows that there are four innovative stages in legal institutionalization of modern political supremacy: civil state, constitutional state, democratic constitutional state and constitutional state. It is noted that in process of accumulation, as more experience of and socially oriented economic policy realization will be gained, human rights were institutionalized. Besides, article proves that spiritual development prerequisites by constitutional state of function were enlightenment idea of a human right. In turn standard principle of solidarity also found realization in constitutional state principle, meaning intervention of state in private citizens’ life for their worthy life. This plan includes modern state responsibility increase in and economic sphere that notes transformation of liberalism and reconsideration previous principle of non-interference. The article gives also definition and distinction of such interconnected political and legal phenomena as: the constitutional state policy , its social and economic policy. The authors argue that with function development constitutional state has become an extremely difficult political association; its purpose is to ensure conditions for realization and guarantees of economic, political and human rights, and living standards rise of civil society. DOI: 10.5901/mjss.2015.v6n3s6p263

Highlights

In scientific literature the constitutional state is the state that ensures the conditions for realization by each person the right for worthy life
The area of human rights on worthy life is called as the social rights, i.e. an opportunity to apply for receiving the material benefits in the conditions of vital risk from the state
Transition to the constitutional state which is carried out for the first time in the western countries in the XVIII century was under the influence of the liberal revolutionary movement and is followed by the constitutional endorsement of the government which was earlier limited to bureaucratic means

Summary

Introduction

In scientific literature the constitutional state is the state that ensures the conditions for realization by each person the right for worthy life The area of "worthy life" is defined in concepts of living standards, the amount and quality of the vital benefits appropriated by individuals and social groups according to the society or international community cultural standards. The area of human rights on worthy life is called as the social rights, i.e. an opportunity to apply for receiving the material benefits in the conditions of vital risk from the state. Political science and economic sociology this type of security is called "the social security", and the set of measures from the state – "the social policy"

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