Russia, like most other countries of the world, has a basic law - the Constitution. In this way, according to many modern scholars, a special system is organized within which political government is carried out. What are its features? What is the constitutional system in the vision of researchers? What are the criteria by which the conformity of the political systems of modern states to it is determined?
What is a constitutional system?
The term "constitutional order", the concept and the elements that characterize it, have entered into scientific circulation and have received legislative consolidation quite recently. Many researchers associate their appearance with the development and adoption of an independent Constitution in Russia. Which is considered the basic law of the state. Of course, the very concept of constitution arose in the world political theory for a long time. The first examples of relevant sources of law were introduced into the practice of public administration in the 18-19th centuries. It had its own constitution in the USSR. However, scientific studies of the corresponding type of system began actively only after the start of democratic transformations in our country in the late 80s. Thus, some researchers believe that the concept of the foundations of the constitutional system, the criteria to determine whether it is present in the state and within the framework of which mechanisms it functions, are of a scientific nature.
Constitutionality itself has existed for a long time, but the scientific schools in which it is studied, at least in Russia, are a very young phenomenon. The focus of the relevant achievements of scientists is mainly focused on the problems reflecting the implementation of constitutional principles in the Russian Federation. And also by comparing the results achieved by the state system of our country and creating a sovereign model of political governance with models operating abroad. At the same time, we consider both countries with a rich democratic history and states that, like Russia, have passed from a socialist model of development to a capitalist one. The concept of the constitutional system of the Russian Federation, defined by scientists of our country, is compared with the theoretical achievements of foreign colleagues. And vice versa - there is an exchange of scientific experience.
Russian political scientists most often associate the concept of constitutional order with a system of relations between people, which at the legislative level secures the status of key mechanisms of government. In the case of democratic countries, the main task of the functioning of the relevant institutions is the realization of human rights and freedoms. But there are different political regimes - in particular those that are difficult to recognize as democratic by a number of criteria. The principles of the constitution in such states, however, can be implemented. At least that’s what many political scientists think.
Constitution and democracy
However, there is a point of view according to which the concept of the constitutional system is incompatible with states in which there is no place for traditional democratic rights and freedoms. With those where the principles of authoritarianism or totalitarianism are laid in the basis of political management. The main argument of the supporters of this point of view: constitutional norms under such regimes simply cannot be adequately protected. That is, a state where, for example, everything is decided by one person or group of people under authoritarianism, is unable to consistently fulfill the conditions of a social contract.
Thus, the key criterion for constitutionality, according to a common point of view, is the presence of legal mechanisms based on democratic principles. As a rule, this means building a political system in the state along the lines of Western countries. In which a democratic tradition has existed for a very long time. The essence of such mechanisms implies, first of all, stability in the fulfillment by the state of the conditions of the social contract. What can not always be achieved in authoritarian and totalitarian regimes, when the legislative process leaves the control of the country's population.
Key Foundations of the Constitutional Order
Consider the concept of the foundations of the constitutional system. Many researchers consider the following definition to be correct: the foundations of the constitutional system are mechanisms of a social, political and economic nature that allow creating a basis for the reproduction of human rights and freedoms and other ways of realizing the interests of the country's population. For example, the key economic foundations of the constitutional system are, if we follow a common interpretation, the institution of private property, entrepreneurship, and the independence of the courts. Those that are considered political are power institutions, a system of delegating managerial powers within the federal model, at the local government level. In turn, the social foundations of the constitutional system are the characteristics of society, implying the willingness of citizens to participate in the political process, for example, the appropriate level of education and upbringing.
Thus, the political, social or economic foundations of the constitutional system provide the feasibility of developing legal norms within which the state and society, represented by its individual entities (citizens or, for example, entrepreneurs), will fulfill their part of the social contract.
Signs of a constitutional order
Political scientists distinguish the following features characterizing the constitutional system. First of all, it is, in fact, the forms of functioning of the state - often in a distinctive aspect, when it is possible to single out the features of one state that make its political system unlike the one formed in another. There are countries that have distinctive features in terms of administrative and political structure, but with the same principles for implementing democratic procedures, for example, the Russian Federation is a federal country, France is a unitary one, but in both states the president is elected by the entire population. In turn, the United States is a state with an administrative-political profile close to the Russian Federation, but the democratic procedures of the Americans are implemented according to different principles.
Another set of features, the essence of which reflects the key principles of the constitution, is the characteristics of the mechanisms within which the interests of the country's population are realized. The state, if we follow the widespread interpretation of its essence, is a product of a social contract. The population of a certain territory and the power that people put forward, elect or recognize as legitimate for any reason, conclude a contract by which the key vital interests of people should be realized in the political system. Actually, in practice, this is most often implemented within the framework of the legal approach, which, according to a common point of view, is a key criterion for constitutionality.
Fundamentals of the constitutional system of the Russian Federation
The foundations of the constitutional system - political, institutional, economic, which are applicable to Russian statehood, are set forth, which is quite logical, in the basic law of the Russian Federation. We list the corresponding basic principles. The Constitution of Russia, first of all, proclaims democratic values. This can be observed on the example of several formulations of the basic law of the state. In particular, Article 1 of the Constitution says so: Russia is a democratic state. The document also contains language reflecting the fact that the people of the country are the main bearer of sovereignty and source of power in the Russian Federation. And democracy, as you know, is democracy.
We will name other remarkable characteristics of the constitutional system of Russia, which can be found by analyzing the basic law of our state. For example, it pays attention to such aspects as the highest value of human rights and freedoms, public administration on the principles of federalism and delegation of authority to municipal levels, implemented in the republican model, separation of powers, the presence of political pluralism, the diversity of various forms of ownership.
Russian model of constitutionality
Some researchers associate the concept of the constitutional system of the Russian Federation with the historical principles of the exercise of state power in our country. There is a theory according to which the Constitution is, rather, a framework mechanism that reflects rights and freedoms in order to bring the country's political system closer to European, Western models. Which, after the perestroika and the transition of the economy from a socialist model to a capitalist one, began to be considered models that should be sought. But the practice of state building in recent years, according to some scholars, shows that the creation of the Constitution in the form that is currently working only partially ensures the development of Russia with the challenges predetermined by the features of historical development. Perhaps, scientists say, the constitutionality of the Western model is fully and incompatible with the realities of the political and social structure of the Russian Federation. And therefore, the practical relevance of the study of the phenomenon in question may matter in terms of extracting useful experience, but not copying the Western model.
It can also be noted that among the most developed countries in the world there are those in which the Constitution is not adopted as a fundamental law. These include, for example, the United Kingdom. This fact, the researchers believe, may indicate the need to revise the current principles of political management in the Russian Federation in favor of more sovereign models, adapted, as we have said, to the historical specifics of the country's development. One way or another, Russia has a Constitution, which, as many international experts admit, in its structure and also in the content of the wording is quite at the level of those laws that are adopted in states with developed democratic traditions.
Correlation of the political system and constitutional
Some researchers prefer to distinguish between the concept of constitutional system and state. Moreover, interestingly, two groups of points of view on this score can be distinguished at once. There is a version that the concept of the constitutional system of the state should be interpreted more broadly. This is argued by the complexity, versatility of this phenomenon. While the political system, according to researchers, may be limited by the presence of mechanisms that do not adequately fit the definition of legal. Such a phenomenon as the law in its modern interpretation, people came up with relatively recently. However, for a long time, states functioned under the so-called traditional law, often unwritten. It was not characterized by stability and reproducibility over time, as is done within the framework of the constitutional system.
There is another point of view. It, in principle, logically proceeds from the first. In accordance with it, the concept of the constitutional system of the Russian Federation and other modern states is much narrower than the corresponding sign characterizing statehood. But simply because today almost all countries of the world have introduced, one way or another, constitutional principles. In fact, supporters of this point of view consider the first term a special case of the second. Since the constitutional system today, as a rule, is an integral element of the state. It is called upon to be an integral part of the political system responsible for enshrining the principles of governing the country and, as we noted above, the implementation of mechanisms for expressing the interests of the people. The concept and principles of the constitutional system, the researchers believe, should be directly related to law. Consider the relevant aspect in more detail.
Constitutional system and law
The concept of constitutional order is directly related to the legal system. Legislative consolidation of the provisions governing the mechanisms of organization of political governance, as well as the realization of the interests of the people, is one of the key criteria of the constitutional system. It is appropriate to talk about a certain subordination of the relevant sources of norms. For example, the constitutional law of the Russian Federation is characterized by the presence of laws of several levels, which are subordinated to the degree of legal significance. What is this classification?
Constitution as the fundamental law of the state
At the top step in the legal system of the Russian Federation is, in fact, the Constitution. It reflects the basic principles of public administration, as well as representing the interests of the country's population. No other law should be contrary to the Constitution. In turn, the authorities can issue auxiliary legal acts with the aim of implementing certain provisions of the main source of norms in the state. It is assumed that the foundations of the constitutional system (political, economic, social) should become the basis for the development of the country in terms of legal regulation of processes taking place at the level of interaction of subjects of public relations.
In direct subordination to the main source of law in the Russian Federation are laws - federal as well as constitutional. They, in turn, must comply with regional sources of regulation. In turn, they are subordinated to legal acts adopted at the municipal level.
According to the legal tradition that has been established in many developed countries, the basic law is a source with the highest legal force. Constitutional law of the Russian Federation fully reflects this principle. And this can be seen not only in the aspect of the subordination of legal acts noted above. In particular, any changes to the text of the constitution are adopted through a much larger number of procedures than those adopted by any other sources of regulation. In this way, the constitutional order is protected. The system of regulating the procedures within which laws are adopted is one of its key criteria.
Mechanisms for protecting the constitutional order
For example, laws in the Russian Federation are developed by the Federal Assembly, and are adopted in agreement with the executive authorities and the president of the country. Yes, of course, the procedure for their adoption is relatively complex. However, it must be borne in mind that the Federal Assembly is a body that functions on a regular basis. And therefore, theoretically, it can amend laws or adopt new ones with a sufficiently large frequency. In turn, only the Constitutional Assembly can make changes to the main source of law in Russia. However, his authority is limited. Some provisions of the Constitution cannot be changed, and if the realities of socio-political development and other factors require it, a new basic law of the country is being developed. It must be adopted by two-thirds of the total number of deputies of the Constitutional Assembly or by the population of the country at an all-Russian referendum.