Constitutional Supervisory Rulemaking in the Context of the Doctrine of the Living Constitution

The article discusses the theoretical foundations of the doctrine of a living constitution as a legal mechanism for changing the essence of a text through modification, conversion, transformation, replacement, modernization, reformation, transfiguration, development, etc. The authors have studied the practice of the Constitutional Court of the Russian Federation demonstrating changes in the rules of behavior, legal relations without adjusting the text of the Constitution of the Russian Federation. The interrelation between interpretation and rule-making is shown. It is concluded that, as a result of the manifestation of general rules of behavior, the Constitutional Court of the Russian Federation implements an associated function - constitutional supervisory rule-making. The scientific approaches to understanding the essence and features of constitutional and supervisory rule-making are considered, its stages are determined. The article substantiates the scientific, constitutional and political legal significance of the concept of constitutional supervisory rule-making for the development and improvement of lawmaking, by-law rule-making and law enforcement. Constitutional supervisory rule-making (as a by-passing function) can accelerate the harmonious integration of state and civil society institutions based on a cross-cultural approach to universal values that go far beyond simple methodological changes in research conducted to test hypotheses related to truth and knowledge and make law enforcement moral, consistent with constitutional principles, values and presumptions. The legal phenomenon of constitutional rights and constitutional enforcement that is studied in this article is key to the concept of regulating social relations and allows for the effective implementation of the principle of democracy by the people by harmoniously constitutionalizing social relations in Russia. The article uses the dialectical method of scientific knowledge, as well as logical, historical, and systemic methods. Of particular importance were the methods of analysis and synthesis. A functional method was used to study the main areas of activities of the Constitutional Court of the Russian Federation and its impact on rule-making and law enforcement. The authors have identified the gaps and shortcomings of the current legislation in the field of constitutional-judicial supervision and formulated provisions on the improvement of constitutional legislation. Special attention is paid to the dynamic possibilities, realities and the perspective of the implementation of the doctrine of a living constitution. The study analyzes the theoretical foundations and origins of the doctrine of a living constitution as well as the problems of the implementation of this phenomenon in the Russian reality.

Keywords

Authors

References