Constitutional law is fundamental in the legal system of the Russian Federation. It regulates relations between the state and society, secures the organization of state power in the country and regulates any other relations related to the basic law of the state - the Constitution. Our article will talk about the main features of the constitutional legal sphere.
What is the constitution?
The constitution refers to a normative legal act with the highest legal force. This is a peculiar foundation of public and state life, the basic source of the national legal system. The Constitution as the main law of the state at the highest level establishes social relations associated with the organization of state power, the duties and powers of a person and citizen, as well as the method of territorial structure.
The basic law of the country covers all existing spheres of society: political, economic and even spiritual. No state law should be contrary to constitutional norms. Let us dwell on this issue in more detail.
Features of the norms of constitutional law of Russia
What are the features and characteristics of a constitutional legal industry? Firstly, it is supremacy over all other systems of law. Criminal, civil, selective and other types of legal systems operate on the basis of the norms enshrined in the basic law of the country.
The concept and subject of constitutional law are fixed in its main source. The concept is formed from the content of the Constitution. So, the main regulatory act of the country refers to human rights, the form of government, state power and territorial structure. All these phenomena make up the concept of constitutional legal industry.
The subject of this sphere is the totality of social and civil relations for the goals, principles and tasks that are indicated in the Russian Constitution.
Constitutional law structure
As a scientific discipline, constitutional law of Russia consists of three main subgroups: regulatory methods, subjects of law and scientific content.
Methods, as in any other scientific discipline, are divided into imperative (binding or prohibitive) and dispositive (permissible). Imperative tools prevail in the case of constitutional law. Dispositive also apply, but only when regulating the legal status of the individual. It should also highlight methods of comparison, analysis, synthesis, forecasting, statistics, modeling, formal legal analysis, etc.
The subjects of regulated relations include individuals, regions, social communities, political associations and the state itself.
The structure of constitutional law of Russia consists of the political system, state structure, executive, legislative and judicial powers, the state apparatus, constitutional control and local self-government. All these elements are features and types of constitutional norms.
The essence of the Constitution
The disclosure of the essence of the basic law of the country is associated with the knowledge of its deepest nature, with the solution of the question of whose will the constitution fulfills. There are several theories regarding the essence of the main normative act.
The first idea is related to the interpretation of the constitution as a kind of social contract. It is assumed that members of the company entered into an agreement and vested individuals with a part of their rights. So the constitution was formed and state power appeared. Naturally, the constitution in this case refers to any national act - like the Law of 12 tables, ancient Chinese regulations, etc. The very first form of the legal institution of constitutional law, which is still known today, appeared in the USA in 1787.
The second concept is theological, that is, religious in nature. The essence of the basic law of the country in this case is seen in the embodiment of divine precepts. Higher powers have sent humanity a certain set of rules, which is implemented using social laws, including the constitution.
The third idea appeared not so long ago. It is called Marxist-Leninist. The essence of any laws is seen in the restriction of society by state forces. This is due to the existence of an imperfect, non-communist formation. In the future, there will be revolutions, and society will embark on a new stage of development, where laws and the state will no longer be needed.
The content of the Russian Constitution
The Russian Constitution has a number of special legal properties. They are expressed in the following:
- supremacy in the legal system;
- special protection of constitutional norms;
- the basic law of the country as the core of the entire state legal system;
- special procedure for the formation and amendment of constitutional norms.
Each part of the Constitution is an element of its composition as a legal act. The content of the law is its own system, due to the subject of constitutional regulation. Elements of the main regulatory act of the country are articles, chapters, sections and preamble.
Chapters of the Constitution
In total, the current Constitution of the Russian Federation has 9 chapters. All of them are placed in the first part of the law. The second part provides transitional and final provisions - information on the methods and methods for adopting a normative act.
The preamble is an introduction. It proclaims the aspirations of the people, their moral and ethical ideals. The ideas of humanism, the pursuit of happiness, kindness, prosperity and prosperity are proclaimed. The value of patriotism and love for the Fatherland is emphasized.
Features of constitutional law of Russia are directly related to the nine chapters of the country's main law. The first two parts talk about the constitutional order and human rights in the country. The third chapter tells about the territorial structure of the state, and the next four parts - about the construction of power. The eighth chapter contains information about local self-government, and the ninth - about how to amend and amend the law.
Political Function of the Constitution
The main purpose of the basic law of the country is, of course, the regulation of public relations regulated by constitutional law. Here, three functions of the Constitution should be distinguished: legal, political and humanistic.
The political function is to recognize and consolidate the diversity of power, state multi-party system and ideological pluralism. The Constitution prohibits any action aimed at forcibly changing the foundations of state power, undermining security, inciting hatred, etc. The most important feature of constitutional law should be highlighted here: with its help, the entire state system is protected.
Legal and humanistic functions of the Constitution
The second function is called legal. The constitution is the core of the legal social system. It establishes the basic provisions that are the starting point for different branches of law. It, as it were, pulls together all current legislation into a single integral system.
The last function, or rather even a feature of constitutional law, is humanistic. The fundamental law of the country establishes the freedoms, rights and interests of Russian and foreign citizens, the person himself is recognized as the highest value. The state, in accordance with the provisions of the main regulatory act, is obliged to ensure the worthy existence of the people.
Constitutional review
Speaking about constitutional law, one cannot fail to single out one of the most important elements that make up the legal system under consideration. This is a special type of law enforcement, which is called constitutional review. It consists in checking existing laws for compliance with the norms and principles of the main state law.
Types of constitutional review vary by country. For example, in the USA and Canada there is a special American model in which control is exercised by the general judicial system. In most European countries and in Russia, constitutional review is exercised by the Constitutional Court, an instance that is not part of the general jurisdiction system.
In Russia, control is exercised by the Constitutional Court through consideration of questions on the conformity of federal laws, as well as government and parliamentary acts with the foundations of the Constitution of the Russian Federation.
Constitutionalism
The first article of the main normative act of the Russian Federation states that the country is federal, democratic, republican, legal, socially oriented and parliamentary-presidential. Each of the characteristics presented constitutes the basis of the Constitution of the Russian Federation. For the whole population there is even a name - constitutionalism.
Russia is divided into 85 entities with some degree of independence. Regions are allowed to build their budget system and levy taxes on their own. This phenomenon is called federalism.
The people of Russia are directly involved in the formation of power. This happens through elections and referenda. This phenomenon characterizes the country as a republic.
Citizens of Russia are allowed to take part in the affairs of the government and form its bodies. Each person and citizen residing or in the territory of the state is endowed with a number of rights and freedoms. It is a democracy and legal in nature.
The form of government in Russia is mixed. The president and parliament have approximately equal powers in the country.
State and personality
All the features and types of constitutional norms are based, first of all, on the concepts of constitutionalism and the priority of man. According to the law, the most important duty of the state is the recognition, observance and protection of human rights and freedoms.
The person receives reliable constitutional protection from any kind of encroachment on his own rights. This is confirmed by international acts. So, the most important feature of the norms of Russian constitutional law is their dependence on international rules and principles. It is confirmed by article 15 of the Constitution, in paragraph 3 of which it is said that no rule of domestic law should contradict the rules established by the international community. This is a kind of guarantee that the state will not begin villainous acts against its own citizens.
State sovereignty
One of the most important features, which is established by the norms of constitutional law, is called the sovereignty of the Russian Federation. The only source of power and bearer of state sovereignty is the multinational people of the country. The consolidation of such a principle in the main legal act of Russia is a guarantee of democracy in the country.
The Constitution establishes two forms of democracy: direct and indirect. The first is carried out through the participation of citizens of the Russian Federation in the work of the authorities. The second form is the holding of elections, referenda, etc.
Economics and separation of powers
Everything in the same first chapter of the Russian Constitution establishes a number of important principles relating to the economic system of the Russian Federation. This is support for competition by state bodies, a ban on monopolization in many areas of production, ensuring freedom of economic activity and much more.
The Constitution guarantees the legal equality of forms of ownership, as well as the recognition and protection of certain forms of management. The country allows the free movement of services, goods, cash and other resources.
The second important principle is called the separation of powers. Four chapters of the Russian Constitution are devoted to him at once. State bodies in Russia are divided into three parts: judicial, legislative and executive. Each branch has approximately the same set of powers, and therefore is not under anyone's influence. As a guarantor of compliance with the current principle, the president is located over all branches of government.