- •1) The definition of constitutions and constitutional law.
- •2) The Subject and system of comparative constitutions
- •3. The comparison of form and structure of the constitutions
- •4) Historical development of comparative constitutional law
- •5) The international bill of human rights
- •6) The Classification of Human rights
- •1. Civil and political rights
- •2. Economic, social and cultural rights
- •7) Parliamentary and presidential republic: common and specific features
- •8) Sovereignty and independence declarations.
- •Independence declarations.
- •In 1990, the Supreme Soviet of the Republic adopted the Declaration of State Sovereignty of the Kazakh ssr
- •9. Classification of states
- •10. The rk as a secular, legal, social, democratic state
- •11. Interpretation of Constitution
- •12. Separation of powers
- •13. Check and balance system
- •15. Legal systems
- •16. The structure of legal norms
- •17.The principles of constitutional law
- •18. Methods of constitutional law
- •4) Recognition method.
- •19. Legal status of children
9. Classification of states
The republic — is such form of government at which the highest government is carried out by the electoral bodies elected by the population for a certain term
The main signs:
*non-parliamentary method of election of the president and formation of the government;
* responsibility of government before the president, but not before parliament;
* wider, than in the parliamentary republic, powers of the head of state.
Views of the republic:
1. Parliamentary (Germany, Austria):
a) the leading role in the organization of life of the state is played by parliament;
b) the president is elected, as a rule, not voters, and parliament or special body which is formed with participation of parliament;
c) the president is only head of state, but not the governments;
d) powers of the president are insignificant in the sphere of executive power;
e) the government is formed by the principle of the parliamentary majority and is responsible before parliament;
2. Presidential (USA, Syria):
a) the leading role in the organization of life of the state is played by the president;
b) the president is elected not by parliament, and national vote or an electoral college;
c) the president is allocated with powers of the head of state and the government;
d) the government is formed by the president and is responsible before it;
e) the parliament can't vote non-confidence to the government, and the president has no right to dismiss parliament;
e) the parliament has the right to release ahead of schedule the president from a position by impeachment procedure.
3. Mixed (semi-presidential) (France, Russia):
a) the combination of lines of both views of the republics is characteristic;
b) powers of the president are wide in the sphere of executive power;
c) formation of the supreme government bodies is carried out by parliament on representation of the president;
d) the parliament can vote non-confidence to the government, and the president can dismiss parliament.
Monarchy — is such form of government at which the Supreme government is carried out individually and devolves, as a rule
The main signs:
* existence of the individual head of state using the power for life (the tsar, the king, the emperor, the shah);
* hereditary order of continuity of the Supreme power;
* representation of the state
Absolute monarchy — is such form of government at which the Supreme government under the law entirely belongs to one person — the tsar, to the king, the emperor and there are no government bodies limiting competence of the monarch in direct submission and which order there is a standing army, police and developed officialdom.
Limitted monarchy - the monarchy at which the power of the monarch is limited so that in the sphere of the government he doesn't possess the Supreme powers. Legal restrictions on the power of the monarch can be fixed in the supreme laws, such as the constitution or statutes
Types |
Power |
1.Caste-representative |
Power of monarch is limetted by caste-representative bodies |
2.Dualistic |
existence in system of public authorities of representative, legislative institution with which the monarch is compelled to reckon at adoption of regulations and the taxation |
3.Constitutional |
restriction of the power of the monarch with a representative body is fixed in the constitution which the monarch has no right to change |
4.Parliamental |
legal restriction of the power of the monarch who carries out representative functions and the political power carries out parliament |
unitary state is a state governed as one single power in which the central government is ultimately supreme and any administrative divisions (subnational units) exercise only powers that their central government chooses to delegate
A federation (from Latin: foedus, gen.: foederis, "covenant"), also known as a federal state, is a political entity characterized by a union of partiallyself-governing states or regions under a central (federal) government. In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, are typically constitutionally entrenched and may not be altered by a unilateral decision of either party, the states or the federal political body.
