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Конституционное право Российской Федерации. Конституция: сущность, содержание, форма и функции. Предмет и метод конституционного регулирования (самое важное)

Lecture notes, cheat sheets

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6. CONSTITUTION: ESSENCE, CONTENT, FORM AND FUNCTION. SUBJECT AND METHOD OF CONSTITUTIONAL REGULATION

The essence of the constitution - limiting state intervention in the affairs of society and the individual with the help of law.

The Constitution has its own specific normative content, which necessarily includes the following structural elements: the institution of human and civil rights and freedoms (constitutional status of the individual); institute of state (territorial) structure; institution (system) of state bodies; state symbols; mechanism for protecting the constitution. In the formal legal aspect, the constitution (charter, ordinance, code) is a special fundamental law of the state.

Usually, at the beginning of the text of the constitution, a declarative preamble of a political and moral introductory character is highlighted. The Constitution may be divided into parts, sections, chapters, articles, paragraphs, paragraphs, parts and subparagraphs of parts, sections, chapters, articles and paragraphs.

The content and form of the constitution are interdependent.

The form of the constitution in a narrow (formal-legal) aspect - the basic Law.

The form of the constitution in a broad (substantive) aspect - the entire normative structure that makes up the constitutional order of the country (all sources of norms of constitutional law).

From the essence of the constitution follow its main functions:

1. Social - is the social compromise that society has reached (social contract).

2. Political - reflects the fundamental influence of the constitution on the political sphere of public life (gives the state a legal form).

3. Legal - expresses social compromise in generally binding fundamental legal norms.

4. Constituent - has constituent power, establishing state legal institutions and relations.

The main social features of the constitution are legitimacy, reality, stability.

The main legal properties of the constitution are supremacy, supreme legal force, direct action.

The subject of constitutional regulation are social relations that arise in connection with the determination of the legal status of an individual and regarding the organization and exercise of state power, which are divided into the following semantic blocks:

1. Relations between society and the state (institutions of elections, referendum).

2. Relationships between the individual and the state (institutions of human and civil rights and freedoms, participation of citizens in public administration).

3. Relationships between government agencies, institutions and organizations.

4. Relationship between law and the state (legal restrictions on state power).

In constitutional law, common law methods permission, obligation, prohibition.

Most of the constitutional norms are stated in a general form (norms-principles), therefore, the method of constitutional law is also associated with the task of determining the general foundations (principles) of the state and the position of a person in society.

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