Некоторые вопросы американской концепции прав и свобод граждан. Генезис и развитие

Abstract

The author makes an attempt in this article to outline the main provisions of American concept of civic rights and liberties and reveal their specific features in regard to the constitutional system of the USA. The article also shows the importance of the First Amendment to the Constitution of the USA of 1787 in the dynamic development in the civic society and building of democracy in the USA. The article reviews various points of view on the concept of civic rights and liberties according to the American concept and the point of closest to the v i ew of the author is singled out. The article traces the history of h ow the American conception of civic rights and liberties was formed, its historical and ideological sources, a kind of foundation to serve as a basis for creating such important constitutional legal instruments as the US Constitution of 1787 and the Bill of Rights of 1791. The First Amendment to the US Constitution is analysed as the main norm fixing such fundamental civic rights and liberties as the freedom of speech, freedom of the press and freedom of belief. The article also emphasizes the importance of court rulings in interpretation and extended perception of civic rights and liberties in American society. These topics are very relevant because, unfortunately, Soviet science used to treat the American concept of civic rights and freedoms as well as the whole constitutional system of the U S rather negatively. The time has come to review many aspects in history and jurisprudence and this article attempts to contribute to a n ew understanding of American constitutional values b y society.