The External Factors in the Constitutional Construction

The theses consider world experience using external constitutional models in formation of national and legal systems. The world is not homogeneous. In the historical process different ethnic groups moved not simultaneous but in their own way finding a fundamental cultural specificity. Someone was the first in cutting the way for progress, someone used the experience of more successful neighbors. However, by the XXth century the transnational financial oligarchy armed with the idea of world
domination starts to rebuild the world. Imperialism dividing the nations and creating world wars did unite humanity, leading it to unity and bringing it beyond national existence. This process allowed R. D avid to say that the world has become united and it is impossible to dissociate itself from the other states, international cooperation is necessary. Japan’s experience demonstrates two unique cases of using Western constitutional models. Both times it happened under external influence, although the quality of impact was different. For the first time geopolitical circumstances forced the nation to self-refer to the constitutional process. The second time, after the capitulation, nobody asked the Japanese and occupational administration chose the direction of constitutional development on its own leisure. Various circumstances led to the emergence of constitutions, as a result a victory of Western political and legal thought, especially the German one. Another example of forced model’s extension of constitutional and political systems of one countries to others is experience of Germany, which has lost two wars one after another. It is significant that Germany itself, which was a model for Japan, had to become a state, receiving its basic law from outside. Processes of globalization, democratization and informatization take place in modern world. These processes determine the trend towards harmonization of national legislations and international law in order to ensure a reasonable combination of national and international interests, the development of common criteria and norms of civil society and state of law.