Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » About the elasticity of constitutional principles and constitutional policy

Реферат About the elasticity of constitutional principles and constitutional policy





r of other conditions of election to this post and its replacement. Let s specify: as soon as the quite concrete norm of Part 3 Article 81 of the Constitution of the Russian Federation has been interpreted by the Constitutional Court of the Russian Federation in the system connection with the constitutional principles of the democratic federal legal state with the republican form government, principles of democracy and free elections, there has been revealed general for all levels of the government principle of regular updating of the human substratum of these organs.our opinion, change of the order of allocation with the powers of the head of the subject of federation essentially changes nothing - the need in regular aeration of imperious corridors still remains the imperative of the constitutional law in the Russian Federation.detailed description of this plot is caused by the fact that the above mentioned Resolution of the Constitutional Court of the Russian Federation shows, that when constitutional norms belonging to the first group touch the norms of the second group, there appears an effect as occurrence of new implicit constitutional principles.textual analysis of the constitutional norms containing principles, is of no use by virtue that principles are described extremely, laconically. These norms possess, perhaps, the highest density of legal contents. The fact is that each constitutional principle is a sacrament and consequently, as well as everything, with mysterious nature, they are so interesting.constitutional principles by virtue of the laconicalness personify the spirit and sense of the Constitution. For this reason they create the opportunity to adapt the concrete constitutional norms to their constantly changing conditions of the public life. Letter of the constitutional law is its concrete norms, and its spirit is in norms - principles., the constitutional norms - principles at the greater degree, than the concrete constitutional norms are subjected to transformation during interpretation. It provides dynamism in development of the constitutional law. Pure constitutional text, including the text of earlier Constitutions containing norms-principles, is metaphysical. But what then transformation of the constitutional law and its dialictisity is provided by? Norms - principles operate with concepts which have extremely abstract character (the legal or social state, democracy, proportional restriction of the fundamental laws, etc.). These concepts, according to Ronald Dvorkin to be really working elements of the mechanism of the constitutionally-legal regulation, should pass through the filter of representations about these concepts created, as a rule, by the supreme courts [2] .representations about the constitutional principles are elastic enough. However, it is not the windvane which changes direction depending on the direction of the wind. Stability in representations about the constitutional principles should be provided, in particular, by revealing the objective nature of each constitutional principle. The constitutional law does not possess such long history, as the civil right which contains significant amount of legal principles reflecting objective laws of development of property relations. The legislator of any country should reckon with these objective laws. But the constitutional law with the help of norms - principles shows objective laws of functioning of the government.of representations about the constitutional principles is the result of the constitutional policy carried out by all supreme organs of the state.to Part Three Article 80 of the Constitution of the Russian Federation, the President of the Russian Federation in accordance with the Constitution of the Russian Federation and federal laws shall determine the fundamental direction of internal policy of the state. The constitutional policy shall be a part of home policy of the state. However by virtue of Article 125 of the Constitutions of the Russian Federation the monopoly right of final interpretation of the Constitution of the Russian Federation shall belong to the Constitutional Court of the Russian Federation which shall be independent at realization of justice in the form of the constitutional legal proceedings (the second sentence Article 10, Article 118, Part One and Two, Article 120, Part One, Article 125 of the Constitution of the Russian Federation). The role of the Constitutional Court of the Russian Federation in formation of outlines of the constitutional policy is great.questions about the verification of constitutionality of the legal norms personifying results of the important political decisions, the Constitutional Court should give them estimation on the account, first of all, of the constitutional principles, sometimes specifying or even changing representations about them. And thus, the Constitutional Court is not simply involved, but shall be the active partic...


Назад | сторінка 2 з 10 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: Constitutional system of the Russian Federation and role of the constitutio ...
  • Реферат на тему: Norms of the international law in courts of the Constitutional justice of t ...
  • Реферат на тему: Role of resolutions of the constitutional court of the Russian Federation i ...
  • Реферат на тему: About development of legal fundamentals of the constitutional justice in th ...
  • Реферат на тему: Principle res judicata in practice of the European court on human rights an ...