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Legal certainty and supremacy of the Constitution: the problem of stability of the Basic Law
 
PIIS013207690008683-3-1
DOI10.31857/S013207690008683-3
Publication type Article
Status Published
Authors
Mikhail V. Presnyakov 
Occupation: Professor of the Department of service and labor law of Stolypin Volga region Institute of management of the Russian Academy of national economy
Affiliation: Stolypin Volga region Institute of management of the Russian Academy of national economy
Address: Russian Federation, Saratov
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages48-56
Abstract

In article the problem of ensuring the rule of law as requirements of all-legal principle of legal definiteness is considered. This principle assumes not only requirements of clarity and consistency of legal instructions (legalistic aspect), but also certain substantial characteristics of "the legal law" which have to be brought directly out of the Fundamental law of the state. It, in turn, assumes conceptual stability of the Constitution of the Russian Federation.

In this regard the purpose of this work is the analysis of the existing mechanisms of ensuring such stability, division of the constituent and legislative authorities, existence of a system of controls and counterbalances between them. In particular, in article the principle of "non-parliamentary" revision of the constitution characteristic not only for the Russian Basic law, but also for constitutions of a number of the foreign states is analyzed. The similar system is directed to elimination of situations when under the influence of the political moment the parliament can change contents of the constitution in the interests.

For achievement of a goal by the author are used as the general scientific dialectic method allowing to understand duality of understanding of the considered legal categories, and methods of formal logic, a comparative method, a system and structural method, etc.

As a result of a research the author comes to a conclusion that stability of the Constitution of the Russian Federation and inadmissibility of "tool approach" to the Basic law demand ensuring the principle of division of the constituent and legislative authorities.

The author proved need of fixing of certain controls and counterbalances between constituent and legislature. A valid conclusion about basic need of inclusion in this mechanism of the Constitutional Court of the Russian Federation. In particular, arguments in favor of participation of the Constitutional Court in the solution of a question of compliance of the made amendment to the Constitution of the Russian Federation to provisions of "invariable" chapters of the Basic law as it corresponds to the purpose of judicial constitutional control are given.

KeywordsRule of Law, legal definiteness, rule of the Constitution of the Russian Federation, constituent power, legislature, revision of the Constitution of the Russian Federation, amendment to the Constitution of the Russian Federation, Constitutional Court of the Russian Federation
AcknowledgmentThe publication was prepared within the framework of the RFBR-supported scientific project No. 19-011-00418 A.
Received11.06.2019
Publication date31.03.2020
Number of characters30796
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