Constitutional law of the Russian Federation. The concept and social value of the constitutional system (the most important)

Lecture notes, cheat sheets
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Constitutional law of the Russian Federation. The concept and social value of the constitutional system (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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5. THE CONCEPT AND SOCIAL VALUE OF THE CONSTITUTIONAL ORDER

constitutional order - a type of national system of law, in which the supremacy belongs to the constitution, that is, the basic law, adopted and changed in a special manner and having the highest legal force.

For the first time, the constitutional system is formed in the conditions of the bourgeois revolutions of the XNUMXth-XNUMXth centuries, in the countries of Western Europe and North America, when capitalist production and the bourgeois social order are rapidly developing. In this regard, there was an urgent need to introduce and consolidate political and other rights and freedoms of the individual, including formal legal equality before the law and the courts, equal citizenship, universal suffrage, etc. As a result of the social structuring of society, a representative elected legislative body (parliament) appears .

Signs of the modern constitutional order are the formal legal equality of citizens before the law and the court; recognition and consistent constitutional consolidation of the principle of separation of powers; priority of human and civil rights and freedoms; equal and single citizenship.

Under the conditions of the constitutional system, the state is limited by law in the interests of the individual and society.

At the present stage, the constitutional system is an integral attribute of a democratic state. Such a system of organization of power orients the state to the protection of the rights and freedoms of the individual.

The constitutional system establishes the necessity and possibility of participation of every citizen in the administration of the state, puts the state at the service of the law and legitimate interests of the individual.

It is with the help of the constitutional system that the state in its activities is forced to take into account the diverse public interests, while the state does not turn into a force that opposes society.

The constitutional system, along with human rights and democracy, should be attributed to the most important universal achievements of human civilization.

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