THE STATE AS A GUARANTEE OF HUMAN RIGHTS AND FREEDOMS IN THE PRACTICE OF CONSTITUTIONALISM IN THE CIVIL SOCIETY DEVELOPMENT
The article analyzes the practice of constitutionalism in relation to the development of civil society. According to the results of the analysis, it was established that the provisions regarding civil society in the modern constitutions of post-Soviet countries confirm that although neoliberalism...
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| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2024-06-01
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| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2024/1/2.pdf |
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| Summary: | The article analyzes the practice of constitutionalism in relation to the development of civil
society. According to the results of the analysis, it was established that the provisions regarding civil
society in the modern constitutions of post-Soviet countries confirm that although neoliberalism
initially developed as a response to the economic doctrine of classical liberalism, it has an all-pervading
essence and exerts a powerful influence on the entire state-legal reality. It is substantiated that the
state-independent position of civil society, guarantees of its functioning and free structuring should be
enshrined in the constitution, which is the main limiter of the state. And despite the declarative nature
of the constitution of post-Soviet countries, they are a model of expression of the basic law. Defining
the state as a guarantor of human rights and freedoms is necessary to prevent society from spreading
disorder - a critical increase in entropy. That is, chaos is born in excessive freedom and the possibility
of a person to realize his freedom is dissipated. Therefore, the task of the state is to carry out
organizational activities to maintain a certain level of order in society, defined by the social contract.
The implementation of this task of the state allows to maintain society in an organized state with a
high level of individual freedom, but to keep it from a critical increase in entropy. At the same time,
the social contract is a denominator of the balance of the social system, as it determines the order of
things in society and the basis of the relationship between a person, society and the state with the
consent of every free person. There are reasons to attribute the content of the social contract to the
sphere of natural law, as a system of norms realized by free citizens, based on the real order of things
and moral and ethical principles. It was found that the three-subject model of the social system (free
citizen, civil society, state) expresses the ideal model of management of the neoliberal social system,
which contains norms that apply to all three subjects of the system. |
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| ISSN: | 3041-2218 3041-2226 |