A SOCIAL ANDLEGAL ASPECTS OF THE DEVELOPMENT AND FUNCTIONING OF THE DEMOCRATIC LEGAL STATE AND THE REALIYATION OF HUMAN RIGHTS AND FREEDOMS

Abstract

History of democratic state of law, and the rule of law is followed by normative of human rights and civil liberties, despite the fact that they are inalienable human values as human beings. The first legal documents that have defined human rights were result of national erudition and reflection of internal social conditions.

The rule of law and the control and protection of human rights and freedoms, was the exclusive competence of the State's jurisdiction. The universality of fundamental human rights and freedoms soon led to their internationalization, and human rights and civil liberties will soon become almost universally accepted international standard. Along with the spread of globalization as the dominant political doctrine and, accordingly with the construction of an international order, international mechanisms of human rights and freedoms were adopted.

As opponents of a comprehensive understanding of human rights at the ideological theoretical level, appears Marxists, on the basis of religious scholars of Islam. While Marxists natural law explain by the social and economic determinism, the Islamists have limited access to the interpretation of the right to religion. Individual resistance to failure to adopt generally accepted international documents by individual countries are often the expression of the undemocratic nature of the regime and, in turn, the result of selfish national interests.

International law establishes the rule of law mechanisms at the regional and global level. However, the process of monitoring and protecting human rights and freedoms in some countries was carried out by an internationally established procedures, and it is manifest as abuse of military intervention by the international community acts at country-where human rights are violated, and in order to achieve political, economic and geostrategic interests of large and powerful states.