POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES

The article presents an analysis of the political value and social purpose of constitutions as a result of the historical evolution of states and a method of fixing the prospects for political and social development. In particular, questions are raised about the nature of the constitutional act in a...

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Main Author: Evgeniya Yurtaeva
Format: Article
Language:English
Published: Jurist, Publishing Group 2019-06-01
Series:Сравнительная политика
Subjects:
Online Access:https://www.sravpol.ru/jour/article/view/978
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author Evgeniya Yurtaeva
author_facet Evgeniya Yurtaeva
author_sort Evgeniya Yurtaeva
collection DOAJ
description The article presents an analysis of the political value and social purpose of constitutions as a result of the historical evolution of states and a method of fixing the prospects for political and social development. In particular, questions are raised about the nature of the constitutional act in autocratic states and its social perception. The constitutional characteristics of the constitutional state of rights and justice and social state are subjected to detailed analysis, and their significance is assessed either, in first, as a principle, as a supreme value or a nationwide idea of political development or, in second, as a constitutional legal norm. The author draws attention to the fact that differently formulated constitutional provisions do not give rise to conceptual differences in the law-constitutional practice of states. It has also been noted that not every state that realistically and routinely ensures the rule of law and recognizes the inherent duty of the state to guarantee unconditional basic income as a guarantee of a decent life for citizens, is determined itself constitutional state of rights and justice and social state in its constitution. An important indicator of progressive political and legal development the author sees in the stability of the constitution and legislation. The author believes that there are much more legal grounds for describing the state as constitutional state of rights and justice and social state in constitutions in the form of principles ‒ organizational ideas for creating appropriate conditions, and not as constitutional norms.
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spelling doaj-art-784b6feda98e4500af0a25fdf9eadcd82025-08-20T03:20:51ZengJurist, Publishing GroupСравнительная политика2221-32792412-49902019-06-0110371410.24411/2221-3279-2019-10025607POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATESEvgeniya Yurtaeva0Russian Academy of National Economy and Public Administration under the President of the Russian FederationThe article presents an analysis of the political value and social purpose of constitutions as a result of the historical evolution of states and a method of fixing the prospects for political and social development. In particular, questions are raised about the nature of the constitutional act in autocratic states and its social perception. The constitutional characteristics of the constitutional state of rights and justice and social state are subjected to detailed analysis, and their significance is assessed either, in first, as a principle, as a supreme value or a nationwide idea of political development or, in second, as a constitutional legal norm. The author draws attention to the fact that differently formulated constitutional provisions do not give rise to conceptual differences in the law-constitutional practice of states. It has also been noted that not every state that realistically and routinely ensures the rule of law and recognizes the inherent duty of the state to guarantee unconditional basic income as a guarantee of a decent life for citizens, is determined itself constitutional state of rights and justice and social state in its constitution. An important indicator of progressive political and legal development the author sees in the stability of the constitution and legislation. The author believes that there are much more legal grounds for describing the state as constitutional state of rights and justice and social state in constitutions in the form of principles ‒ organizational ideas for creating appropriate conditions, and not as constitutional norms.https://www.sravpol.ru/jour/article/view/978constitutional actconstitutional orderlegal personalityideals of lawconstitutional state of rights and justicesocial statedemocracystability of the constitutionthe actual meaning of the constitution
spellingShingle Evgeniya Yurtaeva
POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
Сравнительная политика
constitutional act
constitutional order
legal personality
ideals of law
constitutional state of rights and justice
social state
democracy
stability of the constitution
the actual meaning of the constitution
title POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
title_full POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
title_fullStr POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
title_full_unstemmed POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
title_short POLITICAL ATTRIBUTES OF CONSTITUTION AND CONSTITUTIONAL ATTRIBUTES OF STATES
title_sort political attributes of constitution and constitutional attributes of states
topic constitutional act
constitutional order
legal personality
ideals of law
constitutional state of rights and justice
social state
democracy
stability of the constitution
the actual meaning of the constitution
url https://www.sravpol.ru/jour/article/view/978
work_keys_str_mv AT evgeniyayurtaeva politicalattributesofconstitutionandconstitutionalattributesofstates