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 the foundations, the principles that give the RF the essence of a constitutional state. These include:
- 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;
- the 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, they can be considered as dependent on each other principles.
The fundamentals of the constitutional law of the Russian Federation also includefederalism and the republican form of government, the sovereignty of the state. But they are not the defining indicators that can characterize Russia. For example, the Russian Federation also includes republics, but they are not sovereign and non-federal states.
Let us examine in more detail the basis of constitutional law.
- Man, his freedoms and rights is the highestvalue. The state is obliged to recognize and protect its citizens. If we compare the Soviet state and the constitutional one, 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, people are protected by legislation. No one can infringe on his freedom and rights for his own selfish ends.
- Sovereignty of the state. In Russia, one source of power is the people. He is also the 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.
- 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 assumes that federal laws must be enforced, applied and adhered to by all citizens of Russia.
- The Russian Federation includes the regions, republics, autonomous regions, districts, cities of federal significance. All these subjects of the Russian Federation are equal.
- 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 stipulated by the Constitution.
- The Russian Federation is a social state. His policy is aimed at creating a dignified life for all citizens of the state.
- Economic basis. In the Russian Federation, a single space used to move funds, services and goods. The country supports competition, any person can engage in any economic activity.
- The fundamentals of constitutional law say that in Russia there is a subdivision into three branches of power: judicial, executive and legislative.
- 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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