The Constitution is the main law of the state. The word happened from the Latin Constitutio, which means "device", and indeed, the constitution determines the political device of the state in which it is accepted. The constitution has a supreme legal force.
The history of the Constitution
- For the first time, the states began to take the Constitution in the XVIII century to delimit the areas of government and freedom.
- In 1787, the United States approves its own constitution, in which the rights of citizens were not registered. In this regulatory act, the principle of "which is not prohibited is not allowed". However, this state of affairs caused discontent of the people and two years later were amended ("Bill on Rights").
- France put into effect the first constitution in 1791. After bourgeois revolutions, many countries of Europe adopt their constitutions.
- In the 21st century, almost all states (with the exception of Saudi Arabia, Great Britain, etc.) build a legal system based on their constitutions.
Constitution and other laws
No law can contradict the Constitution, where the main and most general laws of the state are prescribed, on the basis of which all other laws are being taken. For example, the constitution is prescribed a state structure, a judicial system, the rights and obligations of citizens.
Classification of constitutions
The Constitution can be classified according to the following criteria:
In shape:
- Written (the law is officially fixed on paper);
- Unwritten (for example, in New Zealand).
By structure:
- Codified (Code of laws has a single structure);
- Unexpected (exist in the form of doctrines, customs, consideration of case cases, etc.);
On the principle of adoption:
- Flexible (you can easily accept amendments by releasing the corresponding act);
- Hard (there is a special algorithm for making changes to the main law of the state, or the amendments are generally impossible and it is necessary to re-adopt the constitution).
Functions of the Constitution
The Constitution as the Supreme Law of the State performs two main functions:
- Constituent (enshrines the established political system, ideology (or its absence), legal system);
- organizational (does not solve the problem of the state, but puts new tasks, for example, improving the quality of life of citizens, an increase in their political activity, etc.).
Constitution in Russia
The Supreme Regulatory Act of the Russian Federation was adopted by referendum in 1993. The Constitution of the Russian Federation has the following structure:
- Preamble (tasks, objectives and principles of the Constitution, the values \u200b\u200bof the Russian Federation and its place in the world);
- The first section (includes several chapters, which describes the foundations of the constitutional system, human rights and freedom, algorithm for making changes, as well as the essence of the functions of the main components of state power);
- The second section (final theses concerning the introduction of the Constitution, the procedure for applying previously adopted regulations, the abolition of the former constitution, etc.).
So, the Constitution is the main law of each state where it is adopted, on the basis of which all other regulations are introduced.
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