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

Russia, like most other countries in the world, has a basic law - the Constitution. Thus, as many modern researchers believe, a special system is organized, within the framework of which political management of the state is carried out. What are its features? What is the constitutional order in the vision of researchers? What are the criteria for determining the conformity of political systems of modern states with it?

What is the constitutional system?

The term "constitutional system," the concept and elements that characterize it, have entered a scientific trend and have been legislatively consolidated quite recently. Many researchers attribute their origin to the development and adoption of an independent Constitution in Russia. Which is considered the basic law of the state. Undoubtedly, the very concept of the constitution arose in the world political theory long enough. The first samples of the relevant sources of law were introduced into the practice of public administration in the 18-19th centuries. There was a Constitution in the USSR. However, scientific research of the corresponding type of the system began actively only after the beginning of democratic transformations in our country in the late 80's. Thus, some researchers believe that the concept of the foundations of the constitutional system, the criteria that determine whether it is present in the state and within the framework of what mechanisms function, are of a scientific nature.

By itself, the constitutionality has existed for a long time, but the scientific schools in which its research is carried out, at least in Russia, is a very young phenomenon. The orientation of the relevant developments of scientists is mainly focused on issues reflecting the implementation of constitutional principles in the Russian Federation. And also on the comparison of the results achieved by the state system of our country and the creation of a sovereign model of political management with samples operating abroad. At the same time, they are viewed as countries with a rich democratic history, and states that, like Russia, have moved from a socialist development model to a capitalist one. The concept of the constitutional system of the Russian Federation, determined by scientists of our country, is compared with the theoretical developments of foreign colleagues. And vice versa - there is an exchange of scientific experience.

The concept of the constitutional system of Russian political scientists is most often associated with the system of relations between people, which at the legislative level fixes the status of key mechanisms of public administration. In the case of democratic countries, the main task of the functioning of the relevant institutions is the realization of human rights and freedoms. But there are different political regimes - in particular those that are difficult to recognize by some criteria as democratic. The principles of the constitution in such states, however, can be realized. At least so many political scientists consider.

Constitution and Democracy

However, there is a point of view according to which the concept of the constitutional system is incompatible with states in which there is no place for traditional democratic rights and freedoms. With those where the basis of political governance laid down the principles of authoritarianism or totalitarianism. The main argument of supporters of this point of view: constitutional norms under such regimes simply can not be sufficiently protected. That is, a state where, for example, everything is decided by one person or a group of persons under authoritarianism, is unable to consistently fulfill the terms of a social contract.

Thus, the key criterion of constitutionality, according to a widespread view, is the presence of legal mechanisms based on democratic principles. As a rule, this means the alignment of the political system in the state following the pattern of Western countries. In which the democratic tradition has existed for a very long time. The essence of such mechanisms presupposes, first of all, stability in the state's fulfillment of the terms of the social contract. What is not always possible to achieve in authoritarian and totalitarian regimes, when the legislative process leaves the control of the population of the country.

Key foundations of the constitutional system

Let us consider what is the concept of the foundations of the constitutional system. Many researchers consider the following definition to be correct: the foundations of the constitutional system are mechanisms of social, political and economic nature that allow creating a basis for the reproduction of human rights and freedoms and other ways of realizing the interests of the population of the country. For example, the key economic foundations of the constitutional system are, if we follow the widely spread interpretation, the institution of private property, entrepreneurship, and the independence of the courts. Those that are considered political are power institutions, the system of delegating managerial powers within the framework of the federal model, at the level of local self-government. In turn, the social foundations of the constitutional system are characteristics of society that presuppose citizens' readiness to participate in the political process, for example, the appropriate level of education and upbringing.

Thus, the political, social or economic foundations of the constitutional system provide the expediency of developing legal norms within which the state and society, in the person of its individual subjects (citizens or, for example, entrepreneurs) will fulfill their part of the social contract.

Signs of the constitutional system

Political scientists distinguish the following signs, characterizing the constitutional system. First of all, this is, in fact, the form of functioning of the state - often in a distinctive aspect, when one can single out the peculiarities of one state, making its political system unlike that formed in the other. There are countries that have distinctive features in the aspect of the administrative and political system, but with the same principles of implementing democratic procedures, for example, the Russian Federation is a federal country, France is a unitary one, but in both states the president is elected by the entire population. In turn, the US is a state that is close to the Russian Federation in terms of its administrative and political profile, but democratic procedures have been implemented by Americans in accordance with different principles.

Another set of characteristics, the essence of which reflects the key principles of the constitution, are the characteristics of the mechanisms within which the interests of the country's population are realized. The state, if we follow the common interpretation of its essence, is the product of a social contract. The population of some territory and the power that the people put forward, elect or recognize as legitimate for any reasons, conclude a contract according to which the key vital interests of people should be realized in the political system. Actually, in practice this is most often realized within the framework of the legal approach, which, according to a widespread view, is the key criterion of constitutionality.

Fundamentals of the constitutional system of the Russian Federation

The fundamentals of the constitutional system - political, institutional, economic, which are applicable to Russian statehood, are set out, which is quite logical, in the basic law of the Russian Federation. Let's list the corresponding basic principles. The Russian Constitution, 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 says: Russia is a democratic state. The document also contains wording reflecting the fact that the people of the country are the main bearer of sovereignty and the source of power in the Russian Federation. And democracy, as you know, is democracy.

We will mention other remarkable characteristics of the constitutional system of Russia, which can be found by analyzing the basic law of our state. For example, it focuses on such aspects as the supreme value of human rights and freedoms, public administration on the principles of federalism and delegation of authority to municipal levels implemented in the republican model, separation of powers, the presence of political pluralism, the diversity of various forms of ownership.

Russian model of constitutionality

Some researchers attribute the concept of the constitutional system of the Russian Federation to the historical principles of the exercise of state power in our country. There is a theory that the Constitution is rather a framework mechanism reflecting rights and freedoms in order to bring the country's political system closer to European, Western models. Which, after the restructuring and transition of the economy from the socialist model to the capitalist, began to be considered as models to be pursued. But the practice of state construction in recent years, according to some scientists, shows that the creation of the Constitution in the form that is currently working, only partially ensures the correspondence of Russia's development to the challenges predetermined by the peculiarities of historical development. Perhaps, scientists believe, the constitutionality of the Western model is fully incompatible with the realities of the political and social structure of the Russian Federation. Therefore, the practical significance of the study of the phenomenon under consideration can make a difference in the aspect of extracting useful experience, but not copying the Western model.

It can also be noted that among the most developed countries in the world are those in which the Constitution is not adopted as the main law. This includes, for example, the UK. This fact, researchers believe, can testify to the need to review current principles of organizing political administration in Russia in favor of more sovereign, adapted, as we have already said, to the historical specifics of the country's development, models. One way or another, Russia has a Constitution, which, as many international experts admit, is structured in its structure, as well as in the content of the language, at the level of those laws that are adopted in states with developed democratic traditions.

Correlation of the state system and the constitutional

Some researchers prefer to distinguish between the concept of the constitutional system and the state. At the same time, interestingly, we can single out two groups of points of view at the same time. There is a version that the concept of the constitutional system of the state should be interpreted more widely. This is argued by the complexity, versatility of this phenomenon. While the state system, according to researchers, can be limited to the presence of mechanisms that are not sufficiently suitable under the definition of legal. Such a phenomenon as the law in its modern interpretation, people came up with relatively recently. However, for a long time, states functioned within the framework of so-called traditional law, often unwritten. It was not characterized by stability and reproducibility over time, as it is carried out within the framework of the constitutional order.

There is another point of view. It, in principle, logically proceeds from the first. In accordance with it, the concept of the constitutional system of the Russian Federation and other modern states is much narrower than the corresponding feature characterizing statehood. But simply because today almost all countries of the world have implemented, one way or another, constitutional principles. In fact, the first term proponents of this view are considered a special case of the second. As the constitutional system today, as a rule, is an integral element of the state system. It is called upon to be an integral part of the political system responsible for consolidating the principles of governing the country and, as we have already noted, the implementation of mechanisms for expressing the interests of the people. The concept and principles of the constitutional system, researchers believe, should be directly related to the law. Consider the corresponding aspect in more detail.

Constitutional order and law

The concept of the constitutional system is directly connected with the legal system. Legislative consolidation of the provisions governing the organization of political governance, as well as the realization of the interests of the people is one of the key criteria of the constitutional system. Here it is appropriate to talk about some subordination of the corresponding sources of norms. For example, the constitutional law of the Russian Federation is characterized by the presence of laws of several levels, which are subordinate to the degree of legal significance. What is this classification?

The Constitution as the main 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 interests of the population of the country. No other law should contradict the Constitution. In turn, the authorities can issue supportive legal acts to implement certain provisions of the main source of norms in the state. It is assumed that the foundations of the constitutional system (political, economic, social) should become the basis for the development of the country in the aspect of legal regulation of processes that take place at the level of interaction between subjects of social relations.

In the direct subordination to the main source of law in Russia are laws - federal, as well as constitutional. They, in turn, must comply with regional sources of regulation. In turn, in the subordination to them are legal acts adopted at the level of municipalities.

According to the legal tradition, established in many developed countries, the basic law is a source with the highest legal force. The Constitutional Law of the Russian Federation fully reflects this principle. And this can be traced not only in the aspect of the above mentioned subordination of legal acts. In particular, any changes to the text of the constitution are made through a much larger number of procedures than those adopted by any other source of regulation. Thus, the constitutional order is protected. The system of regulating procedures in which laws are adopted is one of its key criteria.

Mechanisms for the protection of the constitutional order

For example, laws in the Russian Federation are developed by the Federal Assembly, but are adopted when coordinated with executive authorities and the president of the country. Yes, of course, the procedure for their adoption is relatively complicated. However, one must bear in mind that the Federal Assembly is a body that operates on a regular basis. And therefore it is theoretically possible to make changes in laws or take new ones with a sufficiently large periodicity. In turn, only the Constitutional Assembly can amend the main source of law in Russia . At the same time, his powers are limited. Some provisions of the Constitution can not be changed, and if the realities of socio-political development and other factors require, a new basic law of the country is being developed. It should be adopted by two-thirds of the total number of deputies of the Constitutional Assembly or the population of the country at an all-Russian referendum.