Role of rejected Constitutional Commission provisions for constitutional law science
The article describes the current stage of scientific development ofconstitutional law, specifies its problems. The attention focuses on the recognition of the values of democracy, human rights, rule of law.The objective is to find and describe the underlying patterns of organization and functioning of relations that do not lie on the surface ofpublic life in the great diversity of the studied phenomena and processes. At the same time, the RF Constitution of 1993 ignored most ofthe issues in this sphere: there are no rules about deputy's request, parliamentary inquiry, parliamentary hearings, government hour, etc.All drafts of the Constitution prepared by the Constitutional Commission, came from a fairly balanced dimensional system of separationof powers, providing for efficient invariant institutes of parliamentary control over the executive branch. The draft of the ConstitutionalCommission contained a separate article, The Rule of the Right, and, as they worked, it moved closer to the beginning of the text. Thisis the evidence of the Constitutional Commission paying attention to the importance of this principle, under which the direct effect ofthe Constitution, the need for publication of legal acts were declared, and recognized principles and norms of international law wereviewed as a part of the Law of the Russian Federation. In addition, the preamble to the drafts by the Constitutional Commissionemphasized that the multinational people of the Russian Federation adopts the Constitution of the Russian Federation, and proclaims itthe supreme law of the country. In light of the decision of the constitutional and legal challenges in science the article examines the roleof the provisions of the draft Constitution of Russia, prepared by the Constitutional Commission and not included in the text of thecurrent Russian Constitution. It is impossible to understand the logic of the constitutional and legal development of modern Russiawithout recourse to the materials describing the process of adopting the Constitution of the Russian Federation in 1993. Therefore, it isconcluded that the role of the rejected provisions of the Constitutional Commission for constitutional law science is great. Using theConstitutional Commission projects helps to understand the state of modern constitutional law from the perspective of its relevance tothe needs of social development and, in certain cases, be guided by the doctrinal potential of these materials (the concept of rule of law,civil society and parliamentary control, welfare state, market economy) when dealing with constitutional and legal challenges.
Keywords
наука конституционного права, проекты Конституционной комиссии, Конституция РФ, science of constitutional law, draft by the Constitutional Commission, Constitution of the Russian FederationAuthors
Name | Organization | |
Romanov Yevgeniy B. | National Research Tomsk State University | rom74@mail.ru |
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