Fundamentals of constitutional law and their description

The constitutional system is a way of organizing public and state life. In it, freedoms and human rights are the highest value. The state is obliged to ensure their protection.

The Constitution is one of the main documents regulating the legislative framework in the Russian Federation. It contains certain norms that enshrine the main foundations of the state. For example, they determine that Russia belongs to the list of world democracies.

The foundations of constitutional law are foundations, principles that give the Russian Federation the essence of a constitutional state. These include:

  • democracy, which is expressed in sovereignty;
  • market economy;
  • political and ideological diversity ;
  • recognition and guarantees of local governments;
  • separation of powers;
  • constitutional state;
  • recognition of freedoms and human rights by the state.

The principles of the constitutional order are also part of the foundations. Consider them:

  • principle of social equality ;
  • ideological diversity ;
  • political diversity;
  • principle of spiritual diversity.

Each of them cannot exist independently. Only in aggregate do they relate to a constitutional state. Therefore, they can be considered as dependent on each other principles.

The foundations of constitutional law of the Russian Federation also include federalism and the republican form of government, the sovereignty of the state. But they are not defining indicators that can characterize Russia. For example, the Russian Federation also includes republics, but they are not sovereign and not federal states.

Let us consider in more detail the foundations of constitutional law.

  1. Man, his freedoms and rights - this is the highest value. The state is obliged to recognize and protect its citizens. If we compare the Soviet state and the constitutional one, then the emphasis in the relation โ€œman - powerโ€ is differently placed in them. So, until the 90s, the person was obliged to coordinate his interests with the state. Currently, a person is protected by law. No one can encroach on his freedoms and rights for their selfish purposes.
  2. State sovereignty. In Russia, one source of power is the people. He is the bearer of sovereignty. People of different nationalities live in Russia, all of them are equal in their rights. These are two hallmarks of a democratic state.
  3. The supremacy of federal laws and the Constitution. These standards are used throughout the Russian Federation. This approach ensures stability, coherence and unity of the state legal system. The supremacy suggests that federal laws must be enforced, applied, and adhered to by all citizens of Russia.
  4. The Russian Federation includes territories, republics, autonomous regions, districts, cities of federal significance. All these subjects of the Russian Federation are equal.
  5. Citizenship may be acquired or terminated in accordance with the law. Citizens of the Russian Federation have freedoms and rights, bear equal responsibilities, which are provided for by the Constitution.
  6. The Russian Federation is a social state. His policy is aimed at creating a decent life for all citizens of the state.
  7. Economic fundamentals. In Russia, a single space used to move financial assets, services and goods. Competition is maintained in the country, anyone can engage in one or another economic activity.
  8. The fundamentals of constitutional law say that in the Russian Federation there is a division into three branches of government: judicial, executive and legislative.
  9. Russia recognizes political diversity as well as ideological.

Violation of constitutional norms, as well as federal laws, is punishable by administrative, and sometimes criminal punishment.

Source: https://habr.com/ru/post/E8062/


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