Journal article Open Access

Comparative Analysis of Constitutional Basics of the Leading Countries in the World Regarding Powers of the President and Other Bodies Regarding Ensuring, Observance and Restoration of Legal Status of Various Social Subjects

A.S. Tuntula, A.A. Vinogradova

The article deals with comparative research of constitutional basics of Great Britain, USA, Germany, France and Japan regarding ensuring of observance and restoration of citizens’ legal status. 

The Constitution of the People’s Republic of China describes the powers of various governmental agencies in charge of ensuring and restoration of citizens’ legal status through description of various forms of people power, but the Constitution does not cover the function of constitutional oversight. The Constitutional laws of Great Britain has vague and complicated provisions on the exercise of powers by governmental agencies regarding ensuring, observance and restoration of legal status of citizens. Constitutions of other leading states do not mention the powers of governmental agencies regarding ensuring, observance and restoration of legal status of citizens. The Main Law of Germany stipulates the system of highest and other courts but does not mention the Constitutional Court and its functions which most probably and fulfilled by the Federal Administrative Court.  

Attention has been drawn to the ban of outrages laws by the Constitution of the United States of 1787 and formal declaration of all public officials as people’s servants by the Constitution of Japan. But people of this country should constantly support their rights and freedoms guaranteed by the Constitution and the Supreme Court whose attribute is the prosecution office. The duty to control observance of legal status of citizens by the Defenders of Rights whose function are similar to the oversight powers of the prosecution office has been underlined in the Constitution of France. 

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