There is a constitution in almost any civilized state. What is this normative act and why is it needed? How is the constitution different from other laws? Answers to these and many other questions will be provided in the article.
What is a constitution?
The definition of constitutio in Latin means "device". In fact, the Constitution is a law securing the state system. That is why this normative act has the highest legal force.
The Constitution is a collection of basic rules or laws. This law determines what kind of political system the state should possess. The norms enshrined in the fundamental law of the country apply to all citizens.
The first collections of laws existed before our era. It is worth recalling, for example, the law of 12 tables or the collection of Hammurabi. However, for the first time, the Constitution appeared in the USA in 1787 - in the form that is closest to us today. This is a document with a relatively small volume, divided into several parts. The basic law of the USA has become an example for the adoption of Constitutions in many other countries.
Differences of the Constitution from other laws
What is a constitution? The definition here can be given very simple: it is a law. But how does it differ from other laws that can also be adopted in any state? Constitutional norms are fundamental in the country. All other laws are built on their basis. That is why the Constitution is spoken of as a normative act with the highest legal force.
The constitution should contain the most general information about the most important state problems. This, for example, territorial and power structure, freedoms and human rights, the judicial system, etc. The abolition and adoption of the Constitution should take place in a special way - not like with other laws. A special procedure must be established, according to which certain norms of the basic law of the country can be changed or supplemented.
Types of Constitutions
Specialists in the field of law have developed several classifications by which it is possible to identify the main types and forms of constitutions. In form, state laws are divided into unwritten and written. Everything is simple here: the document is either fixed on paper or not. Written Constitutions are characteristic of most Western countries. The unwritten are widespread for the states of the Anglo-Saxon system (except the United States). These are, for example, Great Britain and New Zealand.
Also, laws are divided into codified and non-codified. In the first case, the law is a single normative act, and in the second - a collection of customs, precedents, doctrines, etc.
Constitutions are rigid and flexible. It all depends on the method of adoption of additions and amendments. Flexible laws are easy to change - just issue the appropriate act. With hard everything is a little more complicated. Often they cannot be altered at all - you can only cancel it, and then adopt a new Constitution.
Thus, the Constitution is a rather unusual normative act. The basic law of the state is adopted in a special way, affects all other documents, and may also take one of many forms.
Constitutional Functions
What is a constitution? The definition of this concept will provide, although understandable, but still not comprehensive information about the phenomenon. That is why it is worth paying attention to the role and functions of the Constitution as the main state law.
The first function is called constituent. It is the Constitution that establishes all the foundations of life in the country: the political and territorial system, human rights, social relations, etc. What else is constituent function manifested in? As a rule, the basic law of a country is based on certain laws. The Constitution of the Russian Federation, for example, has 9 chapters, each of which is supported by the federal constitutional law - FKZ. In this case, ordinary federal laws should be based on the norms of the main regulatory act.
The constituent function is divided into foreign policy, ideological, and legal. The basic law of the country establishes the order of relations with the world, establishes a certain ideology or its complete absence, and also gives an idea of the legal system in the state.
The next function is called organizational. The constitution is called not to consolidate the achieved results, but to set new tasks. This, for example, an increase in political activity, an improvement in the quality of life, the modernization of external relations, etc.
Constitution of Russia
The Russian fundamental law consists of three parts. This is a preamble (introduction), as well as the first and second sections. The preamble sets out the goals, objectives and principles of the normative act. The first section has 9 chapters, each of which is devoted to a separate topic. It tells about the state and territorial structure, about human rights, branches of government and local self-government. The second section contains transitional provisions and a conclusion.
The Russian Constitution was adopted on December 12 in 1993. Before that, there were four different Constitutions in Russia: the first was adopted in 1918 and concerned Soviet Russia. In 1925 it was changed to the basic law of the RSFSR. In 1937 and 1978, the Constitution was also amended and supplemented.
What is a constitution? The definition here can be given the simplest: this is the basic law of the country, which has the highest legal force and secures the foundations of the state system.