The object and normative structure of the Constitutional Law in the modern legal discourse

 
PIIS013207690008401-3-1
DOI10.31857/S013207690008401-3
Publication type Article
Status Published
Authors
Affiliation: Kikot Moscov University of the MIA of Russia
Address: 12 Akademika Volgina str., 117997, Moscow, Russia
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages50-68
Abstract

Lawyers and political scientists treat constantly to assess concepts of the object of the constitutional law. It can be said that a lot of textbooks address this problem. However, it’s available to find an original view that reflects the situation in the domain of the constitutional right in different spheres of the application. Meanwhile, the theory aims to provide the practical implementation. It’s necessary to note a fact about increasing interests in a new role of the constitutional law in the national and legal system. It is clear that public enquires regarding constitutional perspectives. It is really significant because the preservation of the person’s right and freedom is a very important part of the modern life. 

Since traditional views of the constitutional law show us true role and unique opportunities of the constitutional and legal regulators that aren’t valid. The theory of the constitutional right and all this science have debt to the jurisprudence. Many constitutionalists think that should change approach to assessment of the constitutional rights. It is important to find the most appropriate way that disclose the true framework of the right and the idea about democracy. The point about the ambiguity of the object of the constitutional rights is really popular among modern scientists and find more supporters. This idea is supported by different facts about corruptibility of activity by factors of the global development and the internalization is really low assessment of the constitution and right toolkit. It is important to note that the object of the constitutional right strives as a result of political constitutionalism that distributed in different countries that relate to the family of usual rights. The attempt of the conceptual support is presented in this article.

The base of this construction has some interrelated conceptual ideas: (1) the constitutional law and constitutionalism are connected to each other. The constitutionalism can’t exist without the law; (2) the person’s rights are the most important part of the constitutional law. They have impact on all areas of the law. They also determine his place in the constitutional organization of the law. It is really necessary to define the way and amount of the power; (3) the first thing of the object the constitutional law is the activity that regulate rights and the people’s freedom with the help of laws. All this objects are in a single system. Public power is a very important part of this association; (4) it is important to say that the action area does not coincide with traditional approach of the understanding the object of the branch of the law. Many different groups replace the homogeneity of an object of the constitution law: links and relations. They provide influence and give the constitution establishment. This object “basilar wall is dissecting”:  the first part is the sphere of the communication, interests and the second part is different sphere of relationship - the power. In case, constitution rights include all areas of the people’s life. There is a juridical regulation in every legislation. As all people know, laws always have integrative nature. In this situation, using the regular law means using a similar legal situation of the constitution establishment. The substantive spheres of the constitution law intersect with substantive areas from all sides of rights; (5) the diversity of regulative spheres means many structures of a law. It is important to understand that two levels correspond to levels of a constitution impact. Many scientists allocate two important units of the regulation. The first is original constitution determinations (principles, purposes, traditions and value). These objects make up the primary level of the constitution law. The class of the original norms has an outlook meaning for legal industry. The second unit is the specific legal provisions and known standards.

Keywordsconstitutionalism, constitutional development, constitutional law, methodological approach for understanding the law, the monist theory, the pluralistic theory, the power, ambivalence of the constitution law, people’s rights, types of the constitutions establishments, general objects of the constitution law, limits of regulation, the get erogenous influence of the constitutional law, multiplicity of the constitutional structure, the level of the branch management, the complex of using rights, the balance between the usual and regulative things in the constitutional law.
Received30.03.2020
Publication date31.03.2020
Number of characters75524
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