LawState and Law

The 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 basic documents regulating the legislative base in the Russian Federation. It contains certain norms that fix the main pillars 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 essence of the constitutional state to the Russian Federation. To them it is possible to carry:

  • Democracy, which is expressed in sovereignty;
  • Market economy;
  • Political and ideological diversity;
  • Recognition and guarantees of local self-government bodies;
  • Separation of powers ;
  • constitutional state;
  • Recognition of freedoms and human rights by the state.

The principles of the constitutional system are also part of the foundations. Consider these:

  • The principle of social equality;
  • Ideological diversity;
  • Political diversity;
  • The principle of spiritual diversity.

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

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

Let's consider in detail the basis of constitutional law.

  1. Man, his freedom 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 state, then in them the emphasis is placed in the relation "man-power". So, until the 90s, the individual was obliged to coordinate his interests with the state. At present, a person is protected by law. No one can infringe on his freedom and rights for his own selfish ends.
  2. Sovereignty of the state. In Russia, one source of power is the people. He is also a bearer of sovereignty. In Russia, people of different nationalities live, they are all equal in their rights. These are two distinctive features of a democratic state.
  3. The supremacy of federal laws and the Constitution. These norms are used throughout the territory of the Russian Federation. This approach ensures stability, coherence and unity of the legal system of the state. The supremacy presumes that federal laws must be enforced, applied and adhered to by all citizens of Russia.
  4. The Russian Federation includes the regions, republics, autonomous regions, districts, cities of federal significance. All these subjects of the Russian Federation are equal.
  5. Citizenship can be acquired or terminated in accordance with the law. Citizens of the Russian Federation have freedoms and rights, bear equal duties, 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 basis. In the Russian Federation, a single space used to move financial resources, services and goods. The country supports competition, any person can engage in any economic activity.
  8. Fundamentals of constitutional law say that in Russia there is a subdivision into three branches of power: 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 even criminal, punishment.

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