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1. About the elasticity of constitutional principles and constitutional policy
constitutional principle relativism justice
In the mechanism of constitutionally-legal regulation the special position is occupied by the constitutional principles which form the fundamentals of the constitutional system, they are concentrated in chapter 1 of the Constitution of the Russian Federation, and the same as constitutional principles. We connect the special position of the principles in their role in transformation of the constitutional law, ie in its change regarding constitutionally legal interpretation., it is possible to agree with Chairman of the Constitutional Court of Italy Gustavo Zagrebelsky, that in the constitutional law exists dichotomy - all its norms can be divided into norms - principles and concrete constitutional norms. The first norm comprises the norms of modern constitutions fixing protection of human dignity, recognition the person, his rights and freedoms, supreme value, principles of the legal, social state, etc.second group comprises juridical norms which regulate structure and functioning of the constitutional organs. According to T. Zagrebelsky, it is the first group of the norms which actually carries out the constitutional function, namely - forms conditions of life of the society and state system while the second group of norms is common state legal laws in the constitutional form [ 1] .norm of Part One Article 125 of the Constitution of the Russian Federation according to which the Constitutional Court of the Russian Federation consists of 19 Judges is quite concrete. It is concrete up to such degree, that at explanation of its contents there arise no questions on numerical structure of the Constitutional Court of the Russian Federation.the Constitution contains such norms which at first sight relate to the norms of the second group, but actually their normative contents allows, in the system unity with other constitutional regulations, to reveal implicit constitutional principles. As an example can serve the regulations of Part Three Article 81 of the Constitution of the Russian Federation by virtue of which one and the same person can not occupy position of the President of the Russian Federation more than two terms successively. At first sight, this norm as regulating the term of legislature of the head of the state, is addressed only to him. However, in bowels of this concrete constitutional norm the Constitutional Court has found out the constitutional principle. In Resolution of the Constitutional Court of the Russian Federation from July 9, 2 002 on the case about the verification of constitutionality of the regulations of item 5 Article 18 and Article 301 of the Federal Law About general principles of organization of legislative (representative) and executive organs of the government of the subjects of the Russian Federation raquo ;, Article 108 of the Constitution of the Republic Tatarstan, Article 67 of the Constitution (law) of Republic Sakha (Yakutia) and Part Three Article 3 of the Law of Republic Sakha (Yakutia) About elections of the President of Republic Sakha (Yakutia) there has been made the conclusion that principles of the constitutional system of the Russian Federation as the democratic federal legal state with the republican form of government caused by democracy and realized through free periodic elections, by virtue of the federal structure based on the state integrity of the Russian Federation and unity of the system of the government (Article 1, Part 1, and Article 5 Part 3 of the Constitution of the Russian Federation), are distributed to the organization of the government, its formation and conditions of replacement of the corresponding posts in the subjects of the Russian Federation. The Constitution of the Russian Federation does not directly fix as an element of the mechanism of formation of organs of executive power of the subjects of the Russian Federation the maximal number of terms of replacement by one and the same person of the post of the supreme official of the subject of the Russian Federation. However, regarding optimum for realization of the constitutional principle of republicanism numbers of such terms - by virtue of unity of system of the government in the Russian Federation (Article 5 Part 3 of the Constitution of the Russian Federation) - the focusing norm is the norm of Article 81 (Part 3) of the Constitution of the Russian Federation.- the Constitutional Court of the Russian Federation has proved the conclusion that the supreme official of the subject of the Russian Federation shall possess the special constitutionally-legal status which part shall be the revocability caused by electivity and the numbe...
