From the history of the American States constitutional confrontation to privileges

Автор: Timonin Maxim Anatolievich

Журнал: Правовое государство: теория и практика @pravgos

Рубрика: Трибуна молодого ученого

Статья в выпуске: 2 (68), 2022 года.

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The current stage of development of complex states is characterized by the growing equality of citizens in the constitutional law sphere. The American experience is particularly important in this regard. Purpose: to analyze the constitutional law aspects of the struggle of the North American states with privileges and immunities for a century - from the late 18th to the late 19th century; to trace the historical roots of religious intolerance, their fixation in the early forms of American constitutionalism, i.e., early state constitutions and colonial charters. Methods: historical, logical, comparative legal, formal dogmatic methods are applied. Results: it is concluded that the achievement of constitutional equality for American citizens has been a joint federal and state endeavor since at least the mid-19th century. Their struggle against privileges and immunities was long and inconsistent, including in relation to religious intolerance. The latter traditionally prevented the establishment of religious freedom in North America since the earliest phase of the colonial period in its history.

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State constitution, constitutional prohibitions, privileges and immunities, equality of citizens

Короткий адрес: https://sciup.org/142235583

IDR: 142235583   |   DOI: 10.33184/pravgos-2022.2.18

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