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Реферат About the elasticity of constitutional principles and constitutional policy





ipant of the constitutional policy., The Court quite often faces the contradictions between representations about various constitutional principles, and the constitutional principles can be internally inconsistent (enough to recollect about the constitutional principle of validity, stipulated in the sixth paragraph of the preamble of the Constitution of the Russian Federation) .of the constitutional principles is the reflection of inconsistent nature of aspirations of the person, and numerous contradictions making fabric of modern public life. For example, what shall be justice for? The person thinks. It would be the lawful, fair, just judicial act. And the Constitution (Article 15, Part Two, Article 120, Part One of the Constitution of the Russian Federation) stipulates this need of the person. But the person needs mercy as well! The Preamble says about belief in kindness and validity raquo ;, and, proceeding from this tendency opposite of orientation of the person, the Constitution of the Russian Federation stipulates the special power of the President of the Russian Federation to realize the pardon (item c Article 89 ), annigilizing, by the way, quite lawful, just and the fair judicial act. Moreover, mercy can be shown by the state in much wider scale by announcement of amnesty by the State Duma (item E Part One Article 103 of the Constitution of the Russian Federation) .social groups of the society, naturally, have different goals and different legitimate interests. Economic freedom being the constitutional principle (Article 8, Part One) expresses interests, first of all, of economically active population possessing mental abilities and property for enterprise and other economic activities not forbidden by the law (Article 34, Part 1 of the Constitution of the Russian Federation). However, the society consists of invalids and elderly citizens, and besides family motherhood, paternity and the childhood needs the state support (Article 7, Part Two) .constitutional principle of the social state, whose policy should be directed to creation of the conditions providing worthy life and free development of the person, reflects aspirations of the quite large group of the population of the country. It is clear, that, taking into account these aspirations, the state, by collecting taxes, is compelled to limit economic freedom, to realize redistribution of the national product inside the society. The people, asserting rights and freedoms of a person and a citizen, needs the civil peace and consent (Paragraph Three of the Preamble of the Constitution of the Russian Federation) .of the inconsistent constitutional principles, carried out by the Constitutional Court of the Russian Federation at consideration of legal proceeding, interpretation of the Constitution of the Russian Federation is the basic contents of the constitutional policy, whose goal is the civil peace and consent. According to Napoleon judges do so much for the public consent much, that no honours for them seem unreasonable.search of balance, intersequence of the constitutional principles with development of the rules of their equilibration as all constitutional principles are equivalent as a rule, there is no hierarchy is the common activity of the Constitutional Court.basis of idea of ??equilibration, including the constitutional principles, is rationalism which is not absolute. It is relative rationalism. Relativism in the constitutional interpretation means, that: a) all the constitutional principles should coexist, b) the best way for their coexistence should be such interpretation of one of the constitutional principles when the new representations about it allow to strengthen the regulative effect from another (other) constitutional principles? c) not only equilibration of the two constitutional principles is possible, but strengthening of value, of one of them during any period of time is possible as well .as the methodological basis of the constitutional interpretation allows to consider the constitutional principles as very flexible ( elastic), that does not contradict the idea about necessity of giving necessary rigidity to the constitutions.of representations about the constitutional principles allows to enter the certain cycles during the constitutional policy. So, for example, the last decade of the XXth century is the cycle, in which framework in Russia there took place strengthening of the constitutional principle of economic freedom. There appeared requirement for new productive forces, for strengthening of the private property. Thus, there took place the certain infringement of the principle of the social state. It has not been overcome till now. However, since +2002 some strengthening of the specified principle has been observed.of representations about the constitutional principles allows various political forces, social and territorial groups of the population to compete on arena not c...


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