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Constitution and Development of Constitutional Analysis
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Constitution and Development of Constitutional Analysis
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900028066-6
Publication type
Article
Status
Published
Authors
Alexander Postnikov 
Occupation: Head of the Department of Constitutional Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 28 No. 3
Pages
32-44
Abstract

The implementation of the Constitution as a whole, its principles and individual norms is preceded by their awareness by the subjects of constitutional legal relations. In most cases, it has a stereotypical character, which is based on the repeatability of these legal relations, established traditions in the sphere of exercising power. However, in connection with the development of new legislative solutions, the identification of serious, socially significant problems in law enforcement practice, “semantic forks” inevitably arise, which require turning to the search for non-trivial constitutional solutions, justifications and assessments of the constitutional meaning of legal norms. In these situations, it is not enough to rely on the customs that have developed in the course of legislative and law enforcement practice. A systematic analysis is required aimed at clarifying how fully, consistently and consistently constitutional principles and norms are implemented, and whether the proposed solutions create a legal reality incompatible with the requirements of the Constitution and its doctrinal interpretation. These tasks are solved within the framework of constitutional analysis, a mental activity involving a combination of scientific and practical knowledge. Constitutional analysis is a comprehensive scientific method that combines both the beginnings of formal legal, doctrinal analysis, and concrete historical, comparative legal and political analysis. A critical constitutional analysis makes it possible to correct deviant law-making and law enforcement practices. Thus, constitutional analysis is a necessary element of the mechanism for the implementation of the Constitution and, in general, the development of the country's legal system.

Keywords
constitution, rule of law, constitutional analysis, constitutional doctrine, constitutional process, constitutional law method, human rights
Date of publication
11.03.2024
Number of purchasers
6
Views
162
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0.0 (0 votes)
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