align="justify"> from essence of functioning of the legal democratic state, the question on the place of the special organ of the constitutional justice in the mechanism of the state, is possible to be considered in the context of two directions of research: first, the place regarding the principle of division of the powers that is what branch of the power should be the institute of the constitutional justice related to. Second, the place in the system of checks and balances, in mutual balance of various divisions of the power, determining, thus, sheaf (interrelation), counterbalances is the sense of existence of the similar organ in this system. Experience of the USA convinces the fact that it is not one-serial objects of research. However the fact that, both, the nature and activities of this organ, are determining for positioning in both cases is undutiful.of the nature and place of the special organ of the constitutional justice necessarily requires to put some questions, regarding the subject of research , and attempt to answer them, using different approaches, will give the objective picture concerning these categories. First of all, it is necessary to determine whether there exists the similar problem, that is to establish its urgency, that, in its turn, requires to answer to the question:
. 1 What is the special organ of the constitutional justice necessary for, and whether it is necessary in general?
previous remarks concerning this thesis, can be formulated as follows: first, as the Supreme keeper of values ??of the constitutional level (function of the constitutional control). And actually the state requires the organ which would play the role of Platon aristocrats of spirit raquo ;, approaching, thus, that state to its ideal form. And it is quite probable, that this role could net played as the special organ of the constitutional justice, as the Supreme keeper of the Supreme values ??(on condition that such values ??really exist and are professed by the major part of the society, comprising Makkiavely lions and foxes raquo ;, using advantages of the first or the later depending on needs of the state and the society., the key element of the system of balance of the powers (the arbitration function). These are obvious functional needs, however , there exist some latent needs.basis of necessity of the constitutional justice within the framework of any model, first of all that the corresponding organ plays the role of valve raquo ;, not giving to develop any conflict in the society and in the state , into the frank opposition. As the non-conflict society, at present, does not exist, the constitutional justice allows in the civilized way, and basing on its own authority and constitution (as the contract between the state and the society and the public contract) to resolve any conflict basically. It makes this organ certainly within the framework of the European model related with court. Such essence, in common influences the form. However, whereas it is only one of the equivalent essences, the special organ of the constitutional justice in the activity and the place in the system of checks and balances, divisions of power, goes much further. Therefore even the name court is not suitable enough. For emphasing of uniqueness of the nature of the organ, and its powers, the name council raquo ;, or something similar is better.second half of the question - what the special organ was necessary for, is not actual when the American model has successfully functioned. In case of the convincing answer it will not allow at least to talk about the special organ of the constitutional justice, as about court, in the common sense, at best as about the organ reminding the court.
. 2 How, and in what cases will it be used?
is determined by needs for each of the national models of the state system and the constitutional justice separately.theoretical aspect is based on the assumption that:
Any sides of functioning of the legal democratic state should have the corresponding theoretical substantiation, and the theory of organic constitutionalism should have the features of completeness. In fact at present the choice between definitions of the type of the modern state, from welfare to workfare, and etc., is not more than an attempt to hide lacks and absurds of the modern state, including the absence of the unique, completed theoretical concept of functioning of the later.practical aspect requires:
optimization of the state mechanism as a whole;
efficiency of application of this institution in general (including the part of the uniform, but divisioned state power - and its separate powers;
formation of adequate to the problems faced by the state, necessary optimum list of i...
