ACTUAL ISSUES OF CONSTITUTIONAL REGULATION OF HUMAN RIGHTS AND FREEDOMS IN THE UNITED STATES OF AMERICA

Goal: The author makes goal to identify peculiarities of the constitutional norms, regulating rights and freedoms in the USA with specificity of the constitutional structure, when, as it was presumed before, main regulation is done in the frameworks of the Bill of Rights. The ideas about constitutional regulation of the human rights and freedoms were developed by the founders of US Constitution in their books and speeches: James Madison, Thomas Jefferson and others. The author deems necessary to investigate «wide Constitution», which includes the text of the Constitution, Constitutional Amendments and practice of the U.S. Supreme Court. Results: The Author comes to the conclusion, that only Bill of Rights review is not sufficient, since constitutional regulation includes norms of the Constitution, norms of the Bill of Rights - first ten Constitutional Amendments and regulations of the huge number of the Supreme Court decisions, which performs constitutional interpretation, thus making real concept of «live Constitution». Constitutional regulation becomes actual through the Supreme Court practice, thus for already several centuries the practice of the Supreme Court drives direction of future development of the human rights and freedoms in the United States of America. Practical importance: findings, made by the author of this research can be used in teaching course of constitutional law of the USA, also they can be useful for the state bodies in the sphere of foreign affairs. Originality: this article is one of the first to review constitutional regulations of the human rights and freedoms, going out of frameworks of only Constitutional Amendments. The author reviews the text of the Constitution as is and reviewed practice of the Supreme Court. Several US Supreme Court cases are introduced to the Russian legal doctrine for the first time.

USA, human rights, Bill of Rights, Rights and Freedoms, Constitution