workTHE REPUBLIC NEEDS CONSTITUTIONAL JUSTICE?
Since the end of the XVIII century in the countries, generally named West, in which by this time there has been terminated the process of development of the civil society, there were adopted constitutions - the supreme laws, forming the bases of the legal system of each country called to guarantee the civil society and protect its members from autocracy of the state. This practice has currently gained the global scale: the country without the written constitution presents update rare exception., The contents of the constitution are more and more unified. The main its block forms the developing system of rights and freedoms of a person and a citizen and guarantees of their protection, and the system publicly forms the system of imperious bodies, comprising the second necessary block of the contents of the constitutions, basing in this or that degree on the fundamental principle of division of the powers, assuming their mutual balance and hereunder exception of the dictate of one of them. In such way constitution s guarantee protection of the person from possibility of the arbitrariness of public authorities, promote the rational organization of the later. end of 19th century - by the beginning of the 20th century the volume of the legal regulation of public relations in more or less developed countries of the world there increased in such a way that there were required special guarantees of protection of the constitutions themselves distortions and perversions in the current legislation. The administrative and constitutional justice have started to serve the provision of such guarantees.is still disputed the question about legality of differences of notions right and law and the hierarchy in their relations. The priority of the Fundamental Law of the state over the legislation is determined by the same as the primate of the right on the law: the Constitution is the positive natural right plus determination of the forms of organization of the instrument of the official instrument in respect of the natural right, named the state power. Proceeding from it, it is possible to offer the necessary wording, which in our opinion seems right: justice common - Protector of the legal law, justice constitutional - Protector of the right. At present, the constitutional checking has become nearly essential attribute of democratic statehood and in majority of the states it is realized by the specialized constitutional justice.present in Russia there is basically formed democratic infrastructure that is there installed the system of institutes, through which there can be realized self-management of the society at all levels. The constitutional justice occupies in this system the significant place.general interpretation of the Constitution, applicable to estimation of the most significant statutory acts, first of all laws, the Constitutional Court of the Russian Federation essentially promotes entailment in life of the principles of law, justice, democracy, consequent application of the state to service for the interests of the person and society and the corresponding development of the whole statehood.role is played by the constitutional (authorized) courts, created in 16 subjects of the Russian Federation. In 53 subjects there exist the laws about the constitutional (authorized) courts of the subjects of the Russian Federation.in 1 999 the Federal constitutional law About judicial system of the Russian Federation gave the legal bases of existence of the constitutional (authorized) courts in the subjects of the Russian Federation. Thus Article 27 of the Law specifies that the constitutional (authorized) court of the subject of the Russian Federation can be created by the subject of the Russian Federation for consideration of the questions on the correspondence of the laws of the subject of the Russian Federation, statutory legal acts of the bodies of state authorities of the subjects of the Russian Federation, bodies local self-management of the subject of the Russian Federation to the constitution (charter) of the subject of the Russian Federation, as well as for interpretation of the constitution (charter) of the subject of the Russian Federation. is necessary to note that the heads of the majority of the subjects of the Russian Federation do not consider it necessary to create such courts, as they do not want any checking of their activity. For instance, in the republic (Mordoviya) the created originally Constitutional Court was abolished, since it disturbed the former President of the republic. Certainly, not all decisions of the constitutional justice are perfect, however in the suppressing majority it protects the real sense of the constitutional legislation and except f...
