The concept of constitution

The term "constitution" (from the Latin word constitutio - establishment, the statement) was used more ancient thinkers. Was the title of one of the types of decrees of the Roman emperors. In feudal times, and used the phrase "A principal Act", which is now used as an analogue of the constitution. However, none of the ancient world, nor in the Middle Ages, the modern concept of the constitution was not, did not exist then, and the basic laws that would serve as the legal basis of the current legislative activities.

The theoretical justification for such an act, the development of the concept of "constitution", the adoption of the first constitutions (USA 1787 France and Poland in 1791) have been associated with the struggle of a young revolutionary bourgeoisie to head a broad sections of the people against feudalism and feudal rights, the "right- privileges "(Karl Marx).

In modern science, constitutional law, the term "constitution" is used in two main senses: the actual constitution of the legal constitution.

The actual constitution - this is really the basis of existing social and political order, the actual position of the individual in a particular country.

Legal constitution - a document, the Basic Law (a few basic laws) having the highest legal force, adopt and amend a special order, which regulates a greater or lesser extent the basis of socio-economic system, political system, the legal status of the individual, the spiritual life of the community, ie . having a special object.

As a synonym for "the actual constitution" in foreign countries often use the term "social constitution" or constitution in the material sense, but instead of the term legal constitution, "the notion of" formal constitution "in the United States is often referred to" living constitution. " By this we mean the interpretation of articles of the U.S. Constitution by the Supreme Court for more than a 200-year period of its operation, taking into account the new realities.

To some extent, the actual discrepancy norms and relations have always, for example due to the fact that the constitution of "aging", which takes place in the United States. But if there is a contradiction between the principles of the constitution and the actual situation, the main parameters characterizing the social and political system (for example, by the standards of the broad citizens' rights and conditions of a totalitarian regime), the constitution becomes a sham.

Higher validity of the constitution means that all other laws, other regulations, enforcement practices must conform to it, otherwise they are invalid.

Special procedure for the adoption of the constitution usually involves adoption of a constitution specially convened for this purpose by the constituent assembly, the other the highest representative body (Parliament) by a qualified majority (2/3, 3/5, etc.), all members of Parliament, a referendum, or otherwise having special authoritativeness.

Qualified majority is usually the amendments and additions to the Constitution, sometimes it takes a referendum. On the specifics of the object of the constitutional regulation

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Constitutional law

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