Constitution and Constitutional Analysis

 
PIIS160565900028066-6-1
DOI10.61205/S160565900028066-6
Publication type Article
Status Published
Authors
Affiliation: The Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,
Journal nameJournal of Russian Law
Edition
Abstract

The implementation of the Constitution as a whole, its principles, and individual norms is preceded by the awareness of the subjects of constitutional legal relations. In most cases, it takes on a stereotypical character based on the repetitiveness of these legal relationships and established traditions in the exercise of power. However, with the development of new legislative solutions and the identification of serious, socially significant problems in legal practice, "semantic forks" inevitably arise, requiring the search for non-trivial constitutional solutions, justifications, and assessments of the constitutional meaning of legal norms. In these situations, reliance on established practices in legislative and legal application is insufficient. A systematic analysis is required to determine how fully, consistently, and non-contradictorily constitutional principles and norms are implemented and whether the proposed solutions create a legal reality incompatible with the requirements of the Constitution and its doctrinal interpretation. These tasks are addressed within the framework of constitutional analysis, which is a mental activity that combines scientific and practical knowledge. Constitutional analysis is a comprehensive scientific method that combines elements of formal-legal, doctrinal analysis, concrete-historical, comparative legal, and political analysis. Critical constitutional analysis allows for the correction of deviating law-making and law-applying practices. Thus, constitutional analysis is an essential element of the mechanism for implementing the Constitution and, in general, the development of the legal system of the country.

Keywordsconstitution, rule of law, constitutional analysis, constitutional doctrine, constitutional process, constitutional law method, human rights
Received30.10.2023
Publication date09.01.2024
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