The constitution in any civilized state is called a collection of laws. But what distinguishes the Constitution from other legal acts? What features do the norms of this law have? The answer to this question can be found in our article.
The concept
The Constitution refers to the collection of various norms and legal provisions on the basis of which all other laws in the country are adopted. The status of the Constitution is quite simple: it is the highest legal force. Thus, the considered legal act is the main one in the country. On the basis of its norms, a state structure, a form of government, a social system, the legislative process and other important components of any country are built.
For the implementation of constitutional norms in many countries there is a separate state body. In Russia, such a body is the Constitutional Court. He monitors the implementation of the provisions of the main state law, gives an interpretation of some of its norms, and also makes proposals for amending certain parts of the law.
A little more should be considered the question of what distinguishes the Constitution from other legal acts.
Primacy of the Constitution
The basic state law is fundamental, that is, constituent in nature. On the basis of constitutional norms, all other normative acts are built. It is the Constitution that proclaims all the most important values, freedoms and rights that determine the territorial form of the country, as well as the system of state and public administration.
The provisions of the Constitution of the Russian Federation as the highest legal act are primary. No other act can be adopted if its provisions are contrary to the norms of the basic state law. Moreover, the Constitution is valid in the entire state. All regions and regions of the country must obey the basic law.
What distinguishes the Constitution from other legal acts?
The main regulatory act of the state is stable. Many provisions of the Constitution simply cannot be changed. Moreover, to amend the basic law of the country, a special, rather complicated procedure is carried out. All state bodies, as well as the head of state, must agree to a change in constitutional norms. A special referendum is also held at which a survey of citizens takes place. Without all these aspects, changing the basic law of the state is not possible.
So, what distinguishes the Constitution from other legal acts? These are categories such as complexity, priority, constituency, and stability.
Types of Constitution
Specialists in the field of jurisprudence have developed many classifications by which several types of the basic law of the country can be compiled. So, the Constitution is factual and legal. The actual Constitution is not called the law, but the totality of real-life relations. The legal Constitution is expressed as a collection of specific legal norms.
The main state law may be written and unwritten. In most countries, written laws are common. Their provisions are fixed on a specific medium, which are available for study. Unwritten laws are usually expressed in the form of customs. This type of device exists in the UK.
Constitutions are rigid and flexible. Hard law is not easy to change. In this case, a very complex legislative system has been built. Flexible laws are very easy to change. It is enough to conduct a vote in the relevant state bodies.
Also, laws are permanent and temporary, octroized and popular. Temporary laws are valid for a certain period, while for permanent ones the duration of action is not limited. The rooted Constitution is passed from one people to another, and the people are adopted independently. A simple example of an enacted law is the Constitution of Poland at the beginning of the 19th century. Then the Russian emperor Alexander I personally handed over the collection of legal norms to the Polish region.
So, what else is characteristic of the main state laws? A variety of species is what distinguishes the Constitution from other legal acts.
Constitutional principles
Any state law is based on a number of important principles. In a civilized country, such principles are:
- priority of human and civil rights and freedoms;
- a special place of the Constitution in the system of legal acts;
- state sovereignty, territorial and political unity;
- freedom of economic space, lack of monopolies;
- separation of powers and democracy, as well as much more.
As a rule, all constitutional principles are enshrined in the first chapter of the main state law.
Functions
The Constitution as the main state law has various legal functions. Here is what the lawyers point to:
- political function - determination of the system of state power, consolidation of political diversity;
- legal function - the establishment of fundamental legal provisions, the consolidation of the current legislative process into a single and coherent system, the provision and streamlining of public relations;
- the constituent function is the priority place of the Constitution in the system of regulatory legal acts (due to this it is possible to establish and implement a certain order in the country, as well as create a system of government bodies and institutions);
- ideological function - the formation of legal consciousness among the population;
- humanistic function - the embodiment of universal values.
The absence of at least one of the functions presented indicates the zero legal force of the Constitution.