The concept of the constitutional system. The concept of the constitutional system and its foundations

Russia, like most countries, has a fundamental law - the Constitution. Thus organized, according to many modern scholars, special order, which provides for political control of the government. What are its features? What is the constitutional order in the vision of researchers? What are the criteria used to determine the compliance of the political systems of modern States?

What is the constitutional order?

The Term "constitutional system", the concept and elements characterising it, entered into the scientific circulation and have received legislative recognition quite recently. Their appearance many of the researchers associated with the development and adoption of Russia's independent Constitution. Which is considered the fundamental law of the state. Certainly, the notion of the Constitution emerged in the world of political theory for a long time. The first samples of the relevant sources of law were introduced into practice of public administration in the 18-19 th centuries. Had the Constitution of the USSR. However, research of the appropriate type of order is begun only after the beginning in our country of democratic reforms in the late 80's. So some researchers believe that the concept of the constitutional order, the criteria to determine whether it is in the state and under what mechanisms operate, have scientific nature.

By Itself, the constitutionality has long existed, but the scientific school, where her research, at least in Russia - young phenomenon. The thrust of the corresponding developments of scientists are mainly concentrated on issues reflecting the implementation of constitutional principles in Russia. As well as on the comparison of the achieved state system of our country outcomes and the creation of a sovereign model of political governance with samples functioning abroad. Be treated as a country with a rich democratic history, and state that, as Russia moved from a socialist model of development in the capitalist. The concept of the constitutional system of the Russian Federation, determined by the scientists of our country, was compared with the theoretical operating time of foreign colleagues. And on the contrary - the exchange of scientific experiences.

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The concept of the constitutional system of the Russian political scientists most often associated with the system of relations between people, which at the legislative level, establishes the status of the key mechanisms for state control. For the democratic countries a main task of functioning of the respective institutions, realization of the rights and freedoms of the individual. But there are different political regimes - in particular those that are on a number of criteria are difficult to recognize as democratic. The principles of the Constitution in these States, however, can be implemented. At least so say many political analysts.

The Constitution and democracy

However, there is a view according to which the notion of the constitutional order is incompatible with States which have no places of traditional democratic rights and freedoms. With those, where the basis of political governance based on the principles of authoritarianism or totalitarianism. The main argument of supporters of this point of view: constitutional norms in such regimes simply may not be sufficiently protected. That is, the state where, for example, is all about one person or group of persons under authoritarianism, is unable consistently to comply with the terms of the social contract.

Thus, the key criterion of constitutionality, according to the conventional point of view, the presence of legal mechanisms based on democratic principles. Usually, this means building the political system in the state on the model of Western countries. In which the democratic tradition exists for a long time. The essence of these mechanisms requires, above all, stability in the performance of state social contract. What is not always possible to achieve in authoritarian and totalitarian regimes, when the legislative process goes out of control population.

Key foundations of the constitutional system

Consider, what is the concept of the constitutional order. Many researchers consider valid the following definition: the foundations of constitutional order - the mechanisms of social, political and economic nature that can create a basis for the reproduction rights and freedoms of a person and other ways of realizing the interests of the population. For example, the key economic foundations of the constitutional system is, if we follow the common interpretation, the institution of private property, entrepreneurship, independence of the judiciary. Those considered to be political - is the power institutions, the system of delegating management authority within the Federal model, on the level of local government. In turn, the social foundations of the constitutional system are characteristics of society, i.e. the willingness of citizens to participate in the political process, for example, the appropriate level of education.

Thus, political, social or economic bases of the constitutional order ensure the need for legal rules within which government and society in the face of its entities (citizens or, for example, entrepreneurs) will carry out their part of the social contract.

Signs of the constitutional system

Political Scientists are the following features that characterize constitutional order. First of all, it is, in fact, forms of functioning of the state - often in a distinctive aspect when it is possible to distinguish features of one state, making it a political system unlike the one that formed in the other. There are countries that possess the distinctive features in the aspect of administrative and political structure, but with the same principles for the implementation of democratic procedures, for example, the RF - Federal country, France is a unitary, but in both States the President is elected by the entire population. In turn, the US government, on administrative-political profile close to Russia, but democratic procedures, the Americans implemented according to other principles.

Another set of attributes, the essence of which reflects the core principles of the Constitution - the characteristics of frameworks under which the realization of the interests of the population. The state, if we follow the common interpretation of its essence, is a product of the social contract. The population of some territory and power, which the people nominate, elect or recognize as legitimate, for any reason, conclude a contract in which key vital interests of the people must be implemented in the political system. In fact, in practice this is often implemented within the legal approach, which, according to common opinion, is a key criterion of constitutionality.

The foundations of the constitutional system of the Russian Federation

The Foundations of the constitutional system - political, institutional, economic, which are applicable to the Russian state set out, quite logically, in the basic law of the Russian Federation. List the relevant 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 and said: - Russia is a democratic state. Also in the document there is wording to reflect the fact that the main bearer of sovereignty and source of power in Russia is the people of the country. But democracy, as we know, is a democracy.

Call other remarkable features of the constitutional system of Russia, which can be detected by analyzing the basic law of our state. For example, it focuses on aspects such as the highest value of human rights and freedoms, administration of the state according to the principles of federalism and delegation of authority to municipal levels, implemented in the Republican model, the separation of powers, the presence of political pluralism, the diversity of different forms of ownership.

Russian model of constitutionality

The concept of the constitutional system of the Russian Federation, some of the researchers associated with the historic principles of implementation of state power in our country. There is a theory that the Constitution is, rather, a framework that reflects the rights and freedoms with the aim of bringing the political system to the European, Western models. After the restructuring and transition of the economy from the socialist model to the capitalist were considered to be models to which one would aspire. But the practice of state-building in recent years, according to some researchers, shows that the creation of the Constitution in the form that it now works only partly ensures compliance with Russia's development challenges, which are defined by features of historical development. Perhaps, scientists say, the constitutionality of the Western model fully and incompatible with the realities of the political and social structure of the Russian Federation. And because of the practical importance of research of this phenomenon may have significance in terms of the extraction of useful experience, but not copy the Western model.

It may also be noted that among the most developed countries are those which have not adopted the Constitution as the basic law. These include, for example, UK. This fact, the researchers believe, may indicate the need to revise the current principles of organization of political governance in Russia in favor of a more sovereign, adapted, as we have said, historical specificity of development of the country, models. Anyway, Russia has a Constitution, which, as recognized by many international experts on the structure and content of language are on par with the laws adopted in the countries with developed democratic traditions.

Mapping the state system and constitutional

Some researchers prefer to differentiate the concept of the constitutional system and state. In this case, interestingly, we can distinguish two groups of points of view on this matter. There is a theory that the concept of the constitutional system of the stateshould be interpreted more widely. It discusses the complexity, the complexity of the phenomenon. While the state system, according to the researchers, may be limited by mechanisms not sufficiently fit the definition of legal. The phenomenon of law in its modern interpretation, people have come up recently. But for a long time of the state functioned within the so-called traditional law, often unwritten. It was not characterized by stability and reproducibility over time, as it is part of the constitutional order.

There is another point of view. It is, in principle, logically comes first. In accordance with it, the concept of the constitutional system of the Russian Federation and other advanced countries is much narrower than the corresponding characteristic characterizing the state. But just because today almost all countries have implemented one way or another, the constitutional principles. In fact, the first term supporters of this view consider the particular case of the second. Because the constitutional order today, as a rule, is an integral part of the state. It is designed to be an integral part of the political system responsible for the consolidation of the principles of governance and, as we noted above, the implementation of mechanisms for the expression of the interests of the people. The concept and principles of the constitutional system, the researchers believe, should be directly linked to the right. Consider that aspect in more detail.

Constitutional system and the law

The Concept of the constitutional system is directly related to the legal system. Legislative consolidation of the regulations governing the mechanisms of organization of political governance and the realization of interests of people - one of the key criteria of the constitutional order. It is appropriate to talk about a certain subordination of the relevant sources of law. For example, the constitutional law of the Russian Federation is characterized by presence of multiple levels of laws, which are in subordination according to the degree of legal significance. What is this classification?

The Constitution as the fundamental law of the state

On 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 representation of the population. No other law shall contravene the Constitution. In turn, the authorities may issue subsidiary legal acts to implement certain provisions of the basic source rules in the state. It is assumed that the foundations of the constitutional system (political, economic, social) should be the basis for the development of the country in the aspect of legal regulation processes at the level of interaction of subjects of social relations.

In the immediate subordination to the main source of law in Russia there are laws - Federal, and constitutional. They, in turn, must respect the regional sources of regulation. In turn, in subordination thereto, are legal acts adopted at the level of municipalities.

According to legal traditions established in many developed countries, the basic law is the source, having the highest legal force. Constitutional law of the Russian Federation fully reflects this principle. And it is evident not only in the aspect mentioned above subordinate legal acts. In particular, any changes to the Constitution are accepted by a much larger number of procedures than those specified by any other sources of regulation. This ensures protection of the constitutional order. The regulation of the procedures through which laws are passed, one of its key criteria.

Protection Mechanisms of the constitutional system

For Example, the laws in Russia are developed by the Federal Assembly, and accepted with approval of the Executive authorities and the President of the country. Yes, of course, the procedure of their adoption is relatively complex. However, you must keep in mind that the Federal Assembly is a body functioning on a regular basis. And therefore, in theory, to amend laws or to adopt new it can with a fairly high frequency. In turn, to amend the main source of law in Russia can only be a Constitutional Convention. However, his powers are limited. Some provisions of the Constitution can not be changed, but if the realities of socio-political development and other factors so require, is the development of a new basic law. It needs to be adopted by a two-thirds majority of the total number of deputies of the constitutional Assembly or by the population of the country at a national referendum.